HomeMy WebLinkAboutContract 54654-PM1PROJECT MANUAL
FOR
THE CONSTRUCTION OF
LOGANSQUARE-PHASE1
STREET LIGHTING FACILITIES
City Project No. 102077
Water Project No. P265 56008-0600430-102077-001480
Sewer Project No. P275 56008-0700430-102077-001380
File No. W-2631
Betsy Price
Mayor
"X" No. X-26072
Christopher P. Harder. P .E.
Director, Water Department
David V. Magana. P.E.
David Cooke
City Manager
City Engineer, Transpottation and Public Works
Prepared for
The City of Fort Worth
September 2020
"'PAPE-DAWSON
1.. ENGINEERS
DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH
5810 TENNYSON PARKWAY, STE 425 I PLANO, TX 75024 I 214.420.8494
TBPE Firm Registration #470 I TBPLS FIRM REGISTRATION #10194390
CSC No. 54654-PM1
00 0o io- i
TA6LE OP CONTBNTS POR DEVELOPER AWARDED PROJECTS
Pa�,e hoF4,
1 SECTION 00 00 10
r\ 311D[1)�[K�)►YY�I�YK�
3 DEVELOPER AWARDED PROJECTS
1 � 11 i i
�
��
�� ��
11 � ' � �. �
. 1 .�.�...� .-� :� ., � :�....,
II 004511 BiddersPrequalification's
12 00 45 12 Prequalification Statement
13 �i�--�� D:.J.l.,..D,...,.....I:F.....�:,.« A«..1:....�:,.«
14 00 45 26 Contractor Compliance with Workers' Compensation Law
IS 99 43 49 nn:..,..:.., n....:.,o... n..te.....a, e �,...i
16 00 52 43 Agreement
17 00 61 25 Certificate of Insurance
18 00 62 13 Performance Bond
19 00 62 14 Payment Bond
20 00 62 19 Maintenance Bond
21 00 72 00 General Conditions
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
00 73 00 Supplementary Conditions
00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded
Projects
Division Ol - General Requirements
O1 11 00 Summary of Work
��< n��n,�c�.w..�.,�,�,� ., nm-..m-�-�000�..,ro,.,.,.a....,,�
01 31 19 Preconstruction Meeting
9-131i9 �ejeeE�4ee�ings
&I 3i-16 �,.,,�....,.+:,.., o .............. c,.wea„ie
0-I 3� 3'� ,.., �r.a..,.
01 33 00 Submittals
0-133-Iz c..,.,.:..in..,.:,,,.«n.,.,.oa,,..o..
O 1 45 23 Testing and Inspection Services
O1 50 00 Temporary Facilities and Controls
O1 55 26 Street Use Permit and Modifications to Traffic Control
O 1 57 13 Storm Water Pollution Prevention Plan
O1 60 00 Product Requirements
O 1 66 00 Piroduct Storage and Handling Requirements
O1 70 00 Mobilization and Remobilization
61-7-'.�,�� n,.....«....,, .. c«..v:..,.
O1 74 23 Cleaning
O1 77 19 Closeout Requirements
O1 78 23 Operation and Maintenance Data
Ol 78 39 Project Record Documents
CITY OF FORT WORTH Lagmr Square, Phase 1
S7'ANDARDCONSTRUC7[ONSPECIPICAT[ONDOCUMENTS-DEVELOPERAWARDEDPROJECTS CitpPrajectHl02077
2evised September I, 2015
00 0o io- z
1'ABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 ofd�
Technical Speci6cations which have been modiGed by the Engineer specifically For this
Project; hard copies are included in the Project's Contract Documents
4 NONE
5
6 Technical Speci6cations listed below are included for this Project by reference and can be
7 viewed/downloaded from the City's Buzzsaw site at:
9 %20ConstrucYion%20Documents/S�ecifications
l0
1 I Division 02 - Existing Conditions
12 02 41 13 Selective Site Demolitioii
13 02 41 14 Utility Removal/Abandonment
14 02 41 15 Paving Removal
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Division 03 — Concrete
03 30 00 Cast-In-Place Concrete
93 34—'.—�z n,.....,.it..t r,...� 0��2..,.+w r.e„«,,..:..i i�t en,n
..6 ................ �.....,.._,
03 34 16 Concrete Base Material for Trench Repair
03 80 00 Modifications to Existing Concrete Structures
Division 26 - Electrical
26 OS 00
26 OS 10
26 OS 33
26 OS 43
Common Work Results for Electrical
Demolition for Electrical Systems
Raceway and Boxes for Electrical Systems
Underground Ducts and Raceways for Electrical Systems
Division 31- Earthworlc
31 10 00 Site Clearing
31 23 16 Unclassified Excavation
31 23 23 Borrow
31 24 00 Embankments
3l 25 00 Erosion and Sediment Control
31 37 00 Riprap
Division 32 - Exterior Improvements
32 O1 17 Permanent Asphalt Paving Repair
32 O1 18 Temporary Asphalt Paving Repair
32 O1 29 Concrete Paving Repair
�'+?-�-� �z ni....•w�,, n,...,, n,..,..,.....
32 1 I 29 Lime Treated Base Courses
T.,'� �� n...,.,.... �r«e..«,.a n,...e �,.
32 12 16 Asphalt Paving
3�—',�.'�-7� n,...�...i. n....:..,. �.,,,.i, co„i�.,�
32 13 13 Concrete Paving
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps
32 13 73 Concrete Paving Joint Sealants
3�-}-0 i c n..:,.v i r..•. n.,.,:..,.
32 16 13 Concrete Cw•b and Gutters and Valley Gutters
CITY OP PORT WORTH I.ogm� Synare, PHnse /
STANDA2DCONSTRUCTIONSPECIPICAT[ONDOCUMF,NTS-DEVELOPERAWARDEDPROJECTS Ciq�Project#102077
Revised September i, 20I5
00 00 10- 3
TA6LE OF CON'CENTS FOR DBVELOPER AWARDED PROJECTS
Page 3 of 4
I 32 17 23 Pavement Markings
2 32 31 13 Chain Link Fences and Gates
3 '�3-1-;3H ixr...o ce.,,.,.,. ....a n.,«e..
4 � ��n ui,.,.a n,...,.�.. ...,a n...,...
5 � z�.t � n • ni,.,.,, r�,...,..,.«e n,..,.•..:..,. �xr.,u
6 32 91 19 Topsoil Placement and Finishing of Parkways
7 32 92 l3 Hydro-Mulching, Seeding, and Sodding
8 32 93 43 Trees and Shrubs
9
10 Division 33 - Utilities
11 33 O1 30 Sewer and Manhole Testing
12 33 O1 31 Closed Circuit Television (CCTV) Inspection
13 33 03 10 Bypass Pumping of Existing Sewer Systems
14 �z pq }g r,.:... u�..���a nie,.t..:,..,i r...i,.«:,..,
15 ��-8 i i � r... ,... n,......�i �r,...� c....:,..,..
16
17 �� zn �r,....,,.......«., txi.,�e.. ce..,; ��
18 33 04 40 Cleaning and Acceptance Testing of Water Mains
19 33 OS 10 Utility Trench Excavation, Embedment, and Backfill
20 33 OS 12 Water Line Lowering
21 33 OS 13 Frame, Cover and Grade Rings
22 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade
23 33 OS 16 Concrete Water Vaults
24
25
26
27
28
29
30
31
32
33
34
35
3G
37
38
39
40
41
42
43
44
45
46
47
48
49
50
33 OS 17 Concrete Collars
33-93in n,,..e.. n...:.,..
�����} T..««.�l T :..e.. Di..t..
33 OS 22 Steel Casing Pipe
33 OS 23 Hand Tunneling
33 OS 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate
33 OS 26 Utility Markers/Locators
33 OS 30 Exploratoty Excavation for Existing UYilities
��-a i in ti,.,.«:i„ r..,... n:,.e
33 11 1 I Ductile Iron Fittings
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe
�� 11 �3 n .,. n .............. u:..,, n,... a�......«ea c.00� r.,i:..a,... �r ,e„
33 I 1 14 Buried Steel Pipe and Fittings
�� }}}3 n ,.a r� ............. �. i:..a,... n:..
33 12 10 Water Services 1-inch to 2-inch
��--�� t i r.. e �x�..ro.. rrto;�:�
33 12 20 Resilient Seated Gate Valve
33�2-.�.� n ivw n n.�,w,... c,.,.«va o...«,.,.a., v,.t.,e
33 12 25 Connection to Existing Water Mains
'3-1�� 39 r' '�• n• � i n I.L,.., f..« D..t.,1.L. ll),.E.... 0....t�...
33 12 40 Dry-Barrel Fire Hydrants
33 12 50 Water Sample Stations
33 12 60 Blow-off Valves
�3-3-1-1i �....va ;t„�oa-�:,--.-a.oui,,,.��o�„e i�1DD\
pa ��" " /
3� 31 1� c:w,...,.i,,.., ne „r,...,.,,a u:..e e,,.. n,.., , c�., , c,,...e..
b
zz �} }3 unnc n: ,, n,... c..«:t,...., e,...,,..... rn...,.'t., �.,d �„�.,.,. �,r..:....�
e �
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
CITY O� FOR7' WORTH Logm� Square, PJmse !
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS - DEVELOPER AWARDEU PROIP.CTS Ciry� A�aject fl 102077
Revised Sep[ember 1, 2015
00 00 �o- a
TABLE OF CONTEN'I'S FOR DBVELOPER AWARDED PROJECTS
Page 4 of 4
1 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe
2 33 z��.,"� c,...:.,...., ce .. cr., r•
3 33 ' 1�� c....:«,._.. ce., ,. u:..,, n„i.,..,.o.,,
4 33 31 50 Sanitary Sewer Service Connections and Service Line
5 33 31 79 � w• n:.. ��..i..,. F.. e,..,:«,,., e,... « c,..,.o n,�;ng
6 33 39 ]0 Cast-in-Place Concrete Manholes
7 33 39 20 Precast Concrete Manholes
8 33 31I 38 c:w....,.i...,.. n,r,..,�,,.i
9 ���n nn �xr n �t,..».w... nxinrn
10 33 39 60 Epoxy Liners for Sanitary Sewer Shuctures
11 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts
12 33-Q ��} unoc c«,...... ce...... n:,.
13 33-46 ^-o"�oQo a;'e� aag�
14 33-4E ^�—o:e� ^a oE^ -' n=o:r.s
IS 33�".,� ^�—T,�^�"a ^ ..
16 33 49 10 Cast-in-Place Manholes and Junction Boxes
17 33 49 20 Curb and Drop Inlets
18
19
20
2�
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
33 49 40 Storm Drainage Headwalls and Wingwalls
Division 34 — Transporta[ion
'I��� 1 1�_i��T�R„iiio o �.gcioio
3J't-`�� �� ....T«..F4:..C:b....l
34 41 20 Roadway Illumination Assemblies
34 41 30 Aluminum Signs
34 71 13 Trafftc Control
.,
_ !
.
'- - -
•
_ .�
. ..
END OF S�CTION
CITY OF PORT WORTH Logan Sqnare, Pdase l
STANDA2D CONSTRUCT[ON SPBCIPICAT[ON DOCUMENTS — DGVELOPER AWA2DED PROJECTS Ciry� projecl k/02077
2evised September I, 2015
�AP�OIOYHOPOSAL
SECTION 00 42 43
DeveloperAwarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
e,o���� i��m ioro�eeo� Bidd.rs Proposal
Bidliztl�cm p���ipiion Speei(<auon5tt�ianNo. ��cuof QBnid"Y UniiPeicc BidValue
No.
UNITV:STftEETLGHTING MPROVEMENTS U
i605.1015 YCandultPVCS�hedulee0�i� 3E4120 lF 3,)6B $10.E5 $ 38,6i100
3 3<E1.IElON0101nsulaledFlccConGr 3CJ]�0 li 50.9) $ 10.96C.9B
3 3941.i6E6 Nrn�sF/InsialiType339Arm 3E<120 EA 1153� $3]4.00 $ 19,BEi.00
3VJ1.3050 Wrnish/InstaIlLEDtIgM1lingFiaNrc�]Owat�Ai00<ohraHeaJ) 344L10 EA 53 5563.00 $ 29.839.W
39013301 Pdwy�llumioundatlanttl,2,antl4 SI,O)5,00 5 9J5.00
6 3EC13351 NrnlsM1/InsiallREwaylilumttLPole 344110 EA 53 $1,295.00 $ 68,63500
8
10
t2
lJ
35
1] —
19
20
TOTALUNIiV:STfiEETLIGHT5AN�51GNA0EIMPROVEMENTS 52RE,85],BB
This Bid is suLmitted by ihc enliy �umeJ belom: /
6IDDER: BY: C i�iBenn�'�/ _
a<.,� E��<�.,�,�. ���. G
eEl E. Enon Avenue
Far� \Vorll�, Teza� 161J0 TI LE: �� -� (.L c.�•
DATE: � ^ //�ZU'� �J
Contrnctorn6rees�acomplelelVORK[orFiNALACCCPTe1NCErviiliin i� vorkingd�ys�fler�hed�te�vl�enilie
CONTR.\CI' <on��nen�u io run ns provi�e� in Ilw Genernl ConJilfons.
F.M1D OF SECTION
CITYOII�ORT�t'aRTil
ML\RULOY.vTitii�Tlousl•LCIYI�ATION�w:Ul�II:NL5.1>IivLto�Lien��'NlU�i1�i'ROlft'T� laxa,�Sv���n.YA��eI
lnm�versian 0 0.rl.inl3 C16'�rNee�A',.IOIu»
004511-i
BIDDERS P2EQUALIFICATIONS
Page t of3
1 SECTION 00 45 11
2 BIDDERS PREQUALIFICATIONS
3
4 1. Summary. All contractors are required to be prequalified by the City prior to submitting
5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification
6 Statement for the work Type(s) listed with their Bid. Any contractor or subcontractor who is
7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder
8 Prequalification ApplicaYion in accordance with Yhe requirements below.
9
10 The prequaliftcation process will establish a bid limit based on a technical evaluation and
ll financial analysis of the contractor. The information must be submitted seven (7) days prior
12 to the date of the opening of bids. For example, a contractor wishing to submit bids on
13 projects to be opened on the 7th of April must file the information by the 31st day of March
14 in order to bid on these projects. In order to expedite and facilitate the approval of a Biddei's
I S Prequalification Application, the following must accompany the submission.
16 a. A complete set of audited or reviewed financial statements.
17 (1) Classified Balance Sheet
18 (2) Income Statement
19 (3) Statement of Cash Flows
20 (4) Statement of Retained Earnings
21 (5) Notes to the Financial Statements, if any
22 b. A certified copy of the firm's organizational documents (Coiporate Cha��ter, Articles
23 of Incorporation, Articles of Organization, Certificate of Formation, LLC
24 Regulations, Certificate of Limited Partnership Agreement).
25 c. A completed Bidder Prequalification Application.
26 (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas
27 Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification
28 number visit the Texas Comptroller of Public Accounts online at the
29 following web address www.window state.tx.us/taxpermit/ and fill out the
30 application to apply for your Texas tax ID.
31 (2) The firm's e-mail address and fax number.
32 (3) The firm's DIINS number as issued by Dun & Bradsh•eet. This number
33 is used by the City for required reporting on Federal Aid projects. The Di1NS
34 number may be obtained at www.dnb.com.
35 d. Resumes reflecting the construction experience of the principles of the firm for firms
3G submitting their initial prequalification. These resumes should include the size and
37 scope of the work performed.
38 e. Other information as requested by the City.
39
40 2. Prequalification Requirements
41 a. Financial Statements. Financial statement submission must be provided in
42 accordance with the following:
43 (1) The City requires that the original Financial Statement or a certified copy
44 be submitted for consideration.
CITY OF FORT WORTH Logau Syuare, Plmse 1
STANDA2D CONSTRUCTION SPECIFICAT[ON DOCUMENTS Cip� A�ojec( No. /02077
Revised April 2, 2014
ooasii-z
B[DDERS PREQUALIPICA'fIONS
Page 2 of 3
I (2) To be satisfactory, the financial statements must be audited or reviewed
2 by an independent, certified public accounting firm registered and in
3 good standing in any state. Current Texas statues also require that
4 accounting firms performing audits or reviews on business entities within
5 the State of Texas be properly licensed or registered with the Texas State
6 Board of Public Accountancy.
7 (3) The accounting firm should state in the audit repo�t or review whether
g the contracror is an individual, corporation, or limited liability company.
9 (4) Financial Statements must be presented in U.S. dolla�s at the current rate
10 of exchange of the Balance Sheet date.
t 1 (5) The City will not recognize any certified public accountant as
12 independent who is not, in fact, independent.
13 (6) The accountanYs opinion on the financial stateme�ts of the contracting
14 company should state that the audit or review has been conducted in
I S accordance with auditing standards generally accepted in the United
16 States of America. This must be stated in the accounting firm's opinion.
17 It should: (1) express an unqualified opinion, or (2) express a qualified
18 opinion on the statements taken as a whole.
19 (7) The City reserves the right to require a new statement at any time.
20 (8) The financial statement must be prepared as of the last day of any month,
z� not more than one year old and must be on file with the CiTy 16 months
22 thereafter, in accordance with Paragraph 1.
23 (9) The Ciry will determine a contractor's bidding capacity for the purposes
24 of awarding contracts. Bidding capacity is determined by multiplying the
25 positive net working capital (working capital = current assets — current
26 liabilities) by a factor of 10. Only those statements reflecting a positive
2� net warking capital position will be considered satisfactory for
Zg prequalification purposes.
29 (10) In the case that a bidding date falls within the time a new financial
30 statement is being prepared, the previous statement shall be updated with
3� proper verification.
32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be
33 submitted along with audited or reviewed financial statements by firms wishing to be
34 eligible to bid on all classes of conshuction and maintenance projects. Incomplete
35 Applications will be rejected.
36 (1) In those schedules where there is nothing to report, the notation of
37 "None" or "N/A" should be inserted.
38 (2) A minimum of five (5) references of related work must be provided.
39 (3) Submission of an equipment schedule which indicates equipment under
40 the control of the Contractor and which is related to the type of work for
41 which the Contactor is seeking prequalification. The schedule must
42 include the manufacturer, model and general common description of
4; each piece of equipment. Abbreviations or means of describing
4q equipment other than provided above will not be accepted.
45
46 3. Eligibility to Bid
47 a. The City shall be the solejudge as to a contractor's prequalification.
48 b. The City may ceject, suspend, or modify any prequalification fa� failure by the
49 contractor to demonstrate acceptable financial ability or performance.
50 c. The City will issue a letter as to the status of the prequalification approval.
CITY OF POR'C WOR77i Logau Sq�mre, Phase 1
STANDARD CONS1'RUCTION SPECIRICATION DOCUMEN'fS Ciry� Po�ojec( No. /02077
Revised April 2, 201A
0o as n - s
BIDDERS PREQUALIPICATIONS
Page 3 of 3
I d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid
2 the prequalified work types until the expiration date stated in the Ietter.
g END OF SECTION
C[TY OF FORT WORTH Logntt Square, Pha,se /
STANDARD CONST2UCTION SPECIF[CATION UOCUMENTS Ciry- Project No. /02077
Revised Apri12, 2014
ooas iz
DAP PREQUAI.IPICATION STAT2MCN'f
Pabe I of 1
SECTION 00 45 12
DAP — PREQUALIFICATION STATEMENT
Each Bidder is required to complete the information below by identifying the prequalified contractors
and/or subcontractors whom they intend to uYilize for the major work type(s) listed. ]n the "Major Work
T�,�e" box provide the complete maior work [ype and actual description as provided bv the Water
Denartment for water and sewer and TPW for pavine.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Ex iration Date
Street Lighting Bean Electrical, Inc. 03/12/2021
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types ]isted.
BIDDER:
Bean Electrical, Inc.
821 E. Enon Avenue
Fort Wo�th, Texas 76]40
TITLE: President
DATE: c>'7- S�'2o31�
END OF SECTION
an oF FonT woarH
STANOAROCONSTRIIC�IONPflEqUALIFICATIONSTATEMENT—OEVEtOPERAWARDEDPROlECTS 004512_Prequalification5ta[ement2015_�AP.docx
Farm Version5ep[ember 1, 2015
ooaszt-i
CON7RACTOR COMYLIANCE WIT[i WORKIiR'S COMPENSATION LAW
Page 1 ot I
� SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3
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. 102077. Contractor fu�rther ceitifes that, pursuant to Texas Labor Code, Section
7 406.096(b), as amended, it will provide to City its sabconYractor's certificates of compliance wiYh
8 worker's compensation coverage.
] o CONTRACTOR:
11
12 Bean Electrical Inc.
13 Company
14
IS 821 E. Enon Avenue
16 Address
i7
l8
]9
20
21
22
23
24
25
26
27
28
29
30
For[ Woith Texas 76140
City/State/Zip
THE STATE OF TEXAS
COUNTY OF TARRANT
Title: President
(Please Print)
BEF�RE ME, the undersigned authority, on this day personally appeared
�l o� E.'_� c'1 Vl � , known to me to be the person whose name is
subscriti d to the foregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of Bean Elechical. Inc. for the purposes and consideration therein expressed
and in the capacity therein stated.
31
32 GN/�EN UNDER MY HAND AND SEAL OF OFFICE this �� F�` day of
33 > �v7tr �.� �� � � 2020.
34 fl���c�
� "�'�� CHERYLE R. ESPREE
35 ����q;.P49�ii
36 _°Je� n� Notary Public, State of Texas V
;;!^�r"° Cor9m. Expires o2-z9-2o2a otary i� and for t ate of Texas
37 ' �FOFh"�`� Notary ID 1890225 --
38
39
40
END OF SECTION
C[TY OF FORT WORTH I,ognri Sqimre, Phnse 1
5'I'ANDARD CONST2UCT10N SPECIFICATION DOCOMENTS City Projec! No. 102077
Reviscd April 2, 2014 .
005243-I
Developer A�varded Prqect Agrecment
Page 1 of4
� SCCTION 00 52 43
2 AGREEMENT
3 TffiS AGREEM�NT, authorized on 10 �'i � 2oZ0 is made by and between the
4 Developer, LGI Homes - Texas LLC, authorized to do—� in Texas ("Developer"), and
5 Bean ElectricaL Inc.., authorized to do business in Texas, acting by and tluough its duly
6 authorized representative, ("Contracta").
7 Developer and Contractor, in consideration of the mutual covenants hereinafrer set forth, agree as
8 follows:
�
10
11
12
Article 1. WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents for the
Project identified herein.
Article 2. PROJ�CT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 Street Lighting Facilities for Logan Square, Phase 1
16
17
18
19
20
No.102077
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 o£the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 40 working days after the
2; date when the Contract Time commences to run as provided in Paragraph 12.04 of the
24 Standard City Conditions of the Const�uction Contract for Developer Awarded Projects.
25 33 Liquidated damages
26
27
28
29
30
31
32
33
34
35
36
Contractor recognizes that time is of the essence of this Agreement and that Developer
will suffer financial Ioss 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 0£
the Standard City Conditions of the Construction Contcact for Developer Awarded
Projects. The Contractor also recognizes the delays, expense and difFiculties involved in
proving in a legal proceeding the actual loss sufFered by the Developer if the Work is not
completed on time. Accordi�gly, instead of requiring any such proof, Contractor agrees
Yhat as liquidated damages for delay (but not as a penalty), Contractor shall pay
Developer One Thousand Dollars ($1.000.00) for each day that expires after tlie time
specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
Acceptance.
CITY OF EORT WOR'PH Logan Square, Pl�ase /
STANDARDCONSTRUC'fIONSP8CI17CATIONDOCUMENTS—DEVELOPERAWARDBDPROJECTS Ciry�PvojectNo.l02077
Reviscd Jiine 16, 2016
oaszas-z
Developer Awarded Projec[ 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 Two Hundred Twent �-}_Four Thousand Eieht Hundred
40 Fiftv-Seven and 88/100 Dollars ($224,857.85).
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
$7
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
Article 5. CONTRACT DOCUMENTS
5.1 CONTENTS:
A. The Contract Documents which comprise the entire agreement between Developer and
Contractor concerning the Work consist of the following:
1. This Agreement.
2. Attachments to this Agreement:
a. Bid Form (As provided by Developer)
1) Proposal Form (DAP Version)
2) Prequalification Statement
b. Insurance ACORD Fm•m(s)
c. Payment Bond (DAP Version)
d. Performance Bond (DAP Version)
e. Maintenance Bond (DAP Version)
f D F A�+,...«..., f.... �1... D..«,7c
g. Worker's Compensation Affidavit
Hnrtn ai c n n ... v,....,, ir£...�,,:-�a�
3. Standard City General Conditions of the Construction ConU�act for Developer
Awarded Projects.
4. Supplementaty Conditions.
5. Speciftcatious speciiically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the ProjecYs Contract Documents.
6. Drawings.
7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued afrer the Effective DaYe of the
Agreement and, if issued, become an incorporated pait of the Contract Documents:
a. Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
CITY OF FORT WORTH Logmr Sq�mre, Phnse /
STANDA[tDCONST2UCTIONSPECIFICAT[ONDOCUM6NT5—DEVELOPERAWARDEDPROJECTS CiryProjeclNo.l02079
Revised June 16, 2016
oosz�s-s
Develuper Awarded Project Agreement
Page 3 of 4
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
Article 6. IND�MNIFICATION
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the city, its offfcers, servants and employees, from and against any and all
claims arising out of, or alleged to arise out of, the work and services to be performed
by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
under this contract. This indemnification provision is speciCicallv intended to ooerate
and be effective even if it is alleeed or proven that all or some of the damaQes beine
sou ht were caused in whole or in part bv avv act omission or neeli¢ence of the citv.
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 Ioss, 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, Iicensees or invitees under this contrack This indemnification
provision is speciCicallv intended to operate and be effective even if it is alle2ed or
proven that all or some of the dama2es beine sou¢ht were caused, in whole or in nart,
bv anv act omission or neeli¢ence of the citv.
Article 7. MISCELLANEOUS
97 7.1 Terms.
98
99
100
101
102
103
104
105
1�G
107
108
109
110
111
112
113
114
IIS
Terms used in this Agreement are defined in Adicle 1 of the Standard City Conditions of
the Const�uction Contract for Developer Awarded Projects.
7.2 Assignment of Contract.
This Agreement, including all of the Contract Documents may not be assigned by the
Contracror without the advanced express written consent of the Developer.
73 Successors and Assigns.
Developer and Conh�actor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to alI covenants, agreements and
obligations contained in the Contract Documents.
7.4 Severability.
Any provision or part of the Contract Documents held to be unconstitutional, void or
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon DEVELOPER and
CONTRACTOR.
7.5 Governing Law and Venue.
This Agreement, including all of the Contract Documents is pe�%rmable in the State of
Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
Northern District of Texas, Fort Wo�th Division.
CITY OF FORT WORTH Logm� Square, Plmse 1
STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDBD PROJECTS Ciry� Po�ojec! No. /02077
Revised June 16, 20 f 6
005243-4
Deveioper Awardcd Project Agreement
Page 4 of 4
116
ll7 7.6 Authority to Sign.
118
119
120
121
122
123
124
125
Contractor shall attach evidence of authority to sign Agreement, if otl�er than duly
authorized signatory of the Contractor.
IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
counterparts.
This Agreement is
as of the last date signed by the Parties ("Effective Date").
Developer:
(Signature)
Roy E. Bean II
(Printed Name)
Title: President
Company Name: Bean Electrical, Inc.
Address: 821 E. Eum� Ave
City/State/Zip: Ft. Worth, TX 76140
Date
126
Title: Officer
Company name: LGI Homes-Texas, LLC
Address: 1450 Lake Robbins Drive
Ste 430
City/State/Zip: The Woodlands, TX 77380
10 ��t � Zb2o
Date
CITY OP FORT WORTH Logmi Sguare, Poiase f
STANDAI2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPE2 AWARDED PROJECTS Ciry� Project No. 101077
Revised June 16, 2016
006213-1
PERPORMANCEBOND
Page 1 of 2
1 SECTION 00 62 13
Z PERFORMANCE BOND #4440135
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
8 That we, Bean Electrical Inc , Imown as "PrincipaP' herein and
9 SureTec Insurance Companv , a wrporate surety (sureties, if more than
10 one) duly authorized to do business in the State of Texas, known as"Surety" herein (whether one
11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC, authorized to
12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation
13 ("City"), in the penal sum of, Two Hundred Twentv-Four Thousand Ei@ht Hundred Fiftv-Seven
14 and 88/100 Dollars ($224,857.88), lawful money of the United States, to be paid in Fort Worth,
15 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the
16 Developer and the City as dual obliges, we bind ourselves, our heirs, executors, administrators,
17 successors and assigns, jointly and severally, firmly by these presents.
18 WHEREAS, Developer and City have entered into an Agreement for the construction of
19 community facilities in the City of Fort Worth by and through a Community Facilities
2o Agreement, CFA Number 19-0061 ; and
21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
22 the �_ day of DLTD6ER , 2020, which Contract is hereby referred to and made a part
23 hereof for all purposes as if fully set Forth herein, to furnish all materials, equipment labor and
24 other accessories deFined by law, in the prosecution of the Work, including any Change Orders,
25 as provided for in said Conhact designated as �an Sauare Phase 1.
26 NOW, TFIEREFORE, the condition of this obligation is such that if the said Principal
27 shall £aithfully 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
3o extension of the Contract that may be granted on the part of the Developer and/or City, then this
31 obligation shall be and become null and void, otherwise to remain in full force and effect.
CTTY OP AORT WORTH Logan Sqvare, Phase !
STANDARD CITY CONDTT'IONS — DEVELOPL�R AWARDED PR07ECT5 Ciry Project No. 102077
Revised Senuary 31, 2012
006213-2
PERFORMANCEBOND
Page 2 of 2
1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
3 WorthDivision.
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue.
7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
8 this instrument by duly authorized agents and officers on this the
9 C1croBE2 , 2020,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
c�TH dav of
Chiv Bean President �
Name and Title
Address: 821 E. Enon Avenue
Fort WoRh, TX 76140
`�
�� �
Witness as to Surety
Muni Rabah, Aond Account Manager
� Johnnv Moss A[tornev-in-Fact
Name and Title
Address 2255 Ridee Rd Ste 333
Rackwall, TX 75087 _
Telephone Number: 972-772-7220
*Note: If signed by an officer of the Surety Company, there must be on file a certified exhact
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CI'17 CONDTTIONS — DEVELOPER AWARDED PROJECI'S
Revised Jenuary 31, 2012
Logan Sg��are, Phase !
City Prajec( No. 102077
006214-1
PAYMENTHOND
Page 1 of 2
2
3
4
5
6
7
8
9
lo
I1
12
13
14
15
16
17
i[:]
19
�
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 62 14
PAYMENT BOND #4440135
§
§ KNOW ALL BY THESE PRESENTS:
�
That we, Bean Electrical, Inc. known as"Principal" herein,
and SureTec Insurance Companv , 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), are held and firmly bound unto the Developer, LGI
Homes - Texas, LLC., authorized to do business in Texas "(Developer"), and the City of For[
Worth, a Texas municipal corporation ("City"), in the penal sum of Two Hundred Twentv-Four
Thousand Ei�ht Hundred Fifiy-Seven and 88/100 Dollars ($224,557.88), lawful money ofthe
United States, to be paid in Fort Worth, Tanant County, Texas, for the payment of which sum
well and hvly 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:
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth, by and through a Community Facilities
Agreement, CFA Number 19-0061 ; and
21 WHEREAS, Principal has entered into a certain written Contract with Developer,
22 awarded the �_day of Dao�eK. , 2020, which Contract is hereby
23 re£erred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
25 Work as provided for in said Contract and designated as�an Square Phase 1.
26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
27 Principal shall pay all monies owing to any (and all) payment bond beneficiaiy (as defined in
28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
30 force and effect.
CTTY OP PORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROSECTS
Revised Ienuery 31, 20I2
Logan Square, Phase l
CityProjeclNa. /02077
006214-2
PAYMENT BOND
Yage 2 of 2
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statute.
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the q r"� day of
�GYDSe�Z ,2020.
A TEST: �.i /
/� L /
�\/
(Principal) S retary
��
Wi4ness a to Principal
` Johnny Moss Attorney-in-Fact
Name and Title
�_I� A %\�
.i �
Witness as to Surety
Muni Rabah, Bond Account Manager
Chip Bean President _
Name and Title �
Address: 821 E. Enon Avenue _
Fort Worth. TX 76140 __
SURETY:
Address: 2255 Ridee Rd Ste 333
Rockwall, TX 75087
Telephone Number: 972-772-7220
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
qq END OF SECTION
CPfY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised 7enuary 31, 2012
Logan Square, Phose 1
CityProjecfNa. /02077
006219-I
MAINTENANCE BOND
Page 1 oF3
2
3
4
5
6
7
8
9
lo
11
12
13
14
15
16
17
18
19
20
21
22
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 62 19
MAINTENANCE BOND #4440135
�
§ KNOW ALL BY THESE PRESENTS:
�
That we Bean Electrical Inc. , Irnown as "Principal" herein and
SureTec Insurance Company , 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), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC, authorized to
do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation
("City"), in the sum Two Hundred Twentv Four Thousand EiQht Hundred Fiftv-Seven and
88/100 Dollars ($224,857.88), in lawful money of the United States, to be paid in Fort Worth,
Tarrant County, Texas, for payment of which sum well and truly 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, firmly by these presents.
WHEREAS, Developer and City have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and through a Community Facilities
Agreement, CFA Number 19-0061 ; and
WHEREA5, the Principal has entered into a certain written contract with the Developer
23 awarded the q� day of O�ToOEz , 2020, which Contract is hereby
24 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
25 materials, equipment labor and other accessories as defined by law, in the prosecution of the
26 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
27 the "Work") as provided For in said Contract and designated as Loean Square Phase /; and
28
29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
30 acwrdance with the plans, specifications and Conlract Documents that the Work is and will
31 remain free from defects in materials or workmanship for and during the period of two (2) years
32
33
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
CTTY OF PORT' WORTH
STANDARD CI1Y CONDITIONS —DIIVELOPER AWARDED PROJECTS
Revised Januery 31, 2012
Logai� Square, Phase 1
CiryYrojecfNo. 102077
oo62iv-z
MAACENANCEBOND
Pege 2 of 3
1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the Developer and/or City of the need thereof at any time within the
3 Maintenance Period.
4
5 NOW THEREFORE, the condition of this obligation is such that if Principal shall
6 remedy any defective Work, for which timely notice was provided by Developer or City, to a
7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to
8 remain in full force and effect.
9
lo PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
11 noticed defective Wark, it is agreed that the Developer or City may cause any and all such
12 defective Work to be repaired and/or reconshucted with all associated costs thereof being borne
13 by the Principal and the Surety under this Maintenance Bond; and
14
15 PROVIDED FURTAER, 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 WorthDivision;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
CTTY OP FORT WORTH Logan Square, Phuse 1
STANDARD CI1'Y CONDITIONS—DEVELOPER AWARDED PRO.iECTS CiryProjectNa. 102077
Revised January 31, 2012
006219-3
MAINTENANCE BOND
Page 3 of 3
1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 inshument by duly authorized agents and officers on this the q �M day of
3 �GTOBER , 2020.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
A TEST: ���
(Pri cipal) cretary
Witness to Principal
\ � ��
W i�s to Surety
Muni Rabah, Bond Account Manager
Chio Bean President _
Name and Title
Address: 821 E. Enon Avenue
Fort Worth, TX 76140 __
SURETY:
BY: i � � ���'�'�
Johnnv Moss Attomev-in-Fact
Name and Title
Address: 2255 Ridee Rd Ste 333
Rockwall. TX 75087
Telephone Number: 972-772-7220
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF PORT WORTH
STANDARD CITY CONDTCIONS—DEVELOPER AWARDED PROJECTS
Revised ]ennary 31, 2012
Logan Square, Phase /
CiryPrajectNo. /02077
POAq 4221049
JOINT LIMITED POWER OF ATTORNEY
ICNOW All M¢N BY THESE PRESENTS: That Sure7ec Insurence Company, a Corporation duly o�ganl:ed and existing under the laws o( the S�ate o! Texas and havins Iis
principal office In �he Counly ot Harrls, TC%as and Ma�kel Insuranre Campany �Ihe "Campany"�, a corporoUon duly organleed and eKisUng unde� the Iaws ol lh¢ sfate
o( Illinois, and haVing Its principal adminlStraUve office in Glen Allen, Vlrginia, doe5 hV �hese prezen[s make, [anstltute and appolnt:
Tony Flerro, Jay Jordan, Johnny Moss, Steven W, Searcey, Robed J. Shuya, Mislie 8eck,
Jeremy Barnell, Robed G. Kanulh, Jade Poder, Jennifer Cisneros, Jartett Willson, Jack NoUingham
T�eir true and lawful agent(s� and attorney�s)�In�fac�, each in their separate capaciry �f more than one Is. named ehove, to make, exeate, se, I and deliver for and on
their own behai(, individually as a surery or�oinUy, as co-sureeies, and as thelr act and deed any and all bonds and other undertaking in sureryship provlAetl; however,
thac [he penal s�m of any.one such Instrument exewted hereunder shall not ezceed �he sum of:
Five Milllon and OOI100 Dollars ($5,OD0,000.00)
Thls Power of Atmmey Is granted and Is signed and sealed under and by the autl�orrty of �he fallowing ResoNtions adapted 6y [he ooard of Direcrors af SureTec
Insurancc Company and Markcl Insurance Company:
"RESOIVED, That the President, Senior Vice Presiden�, Vi<e Presldent, AsslStanf Vlce PresldenC, Secretary, TteaSUY¢r and each a(them hereby iz au[horized to enewte
powers of attofney, and 5uth authorily can be exewted by use of faalmile signa[�re, which may tie attested or acknowledged�bV eny Offiwr or altorney, of lhe
ompany, qualifying the aetomey or a[carneys named In the given power of atromey, to exewte in behal( of, and acknowledge as the act and deed ol the SureTec
Insurance company and Markel Insuran<e [ompany, as the case may be, all bond undenakings and contracts of suretyship, and [o affix the corporare seal there[o."
IN W ITNESS W HEREOF, Markel InSurante Company and SureTet Insurance Company have caused their of(Iclal seal to 6e hereunto a�(�Ked and these presents to be
sisned 6y their duly authorized olFlwrs on the xam day of nmrcn � zoso ,
SureTec Ins�rante Company q
�SUR NCE,C'
^ F� � X ,9 \��y
BY:,��/�!�L_� a 6�F
MlChael C. KeinJg, Nresident '�� w•.�
CominonWealth o(Vlrginla ����*�•���
County ol Henriro 55:
``�J�Nc� M�rkellnsura ceCompany
`.1u pr6i(yr o'- r ! �
��:' .�;o:
:�: SEAL �s_ ,�, `f /�,t�,�"_.--
;�.: By�_-�L / G�
�'�h"�''2Hn'4�'�$ RdbinRusso,SenlorVice7residen�
l� n� �
Onthlszamdayof ��d�.zazoA.0.,6eforeme,allotaryPubllco(theCommonweakho(Virglnla,{nand(ortheCountyofHenriw,dulymmmiss�onedand
quali(led, came THE POOVE OfFICf.NS OF THE COMPANIES, to me personally knoWn to be !he Indivldualt and offltefs described in, who exe<uted the prewding
In,trumen[, anJ they acknowledged the eKeNNon of same, and being by me auly swom, dispa+ed and satd ihat they a�e the aHiwR of the saltl compaNes aforesald,
and [hat the seals afflxed to the procaeding Instrumenf are the Carpoa[e Sealz af said CompaNes, and [he sald Corporate 5eair and their slgna W res as aHicers were
du1Y affixed�and subscrihed to the said Instrument by [he authority and direction of the sald companies, and lha[ ftesolulions adopfed by the Board of Dlre[[ors o(
sald Cnmpanles mferted to In the preceding Insnument is now In forca. � �� �"r �,�
INTESTIMONYWHEREOf,Ihavehe�eunloseCmyhand,-anda(fixed, of�@121�$Pe�aFpeOpl���n�/a; Hentico,thedayendyeartlrslabovewritten.
V Y �
; 2 MY C�'•, :
� COnAMisSION � ; oy: � ��--�
' n ' NUI'iIF7F_R .,'_ ; Donna DonavanteNo�uryPubllc
� ���:, 70839f8 ,. � e Mycommis:m� vplresl/31/3023
, �5 •..., •��Q- :
we, the underslsned Olflcers ot sureiec Insurance eampany and MarkeYl� i��.�Ry��C�kj�fiy �¢Yierby ceniW tha� the ortglnal voWER nF niioaNEv ot which the
foregoln6 �s�a full, true a�d correcf copy is 5tlll ln (ull torce and ef(ec� and haSh{t�4gs� r�Yok�d.
INWITNE55WHEREOF,wehavehereunlasetourhands,andafllKedtheSealsofsaldCompanies,onthe ItH dayof �G�BeR �Za .
Sur eClnsur ceC pan
By
M.Br cBeaty,Asslstant5ecre[a
Markel Insurance Company
ev:(� �11..th,lX \� ���i ,............_...-
RlchardH.Grinnan.VicePresldencanif5e ry
Any Ins[rument Issuod In excess of Ihe penelly stated above Is lotallyvoid antl without any valldlly. 4Y]t OM1B
fo��ve�ifi�atlon of the authorily of this Power you may call (713�812�OA00 on any b�slness day belween B;30 AM and S:W PM CST,
SureTec Insurance Company
THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION
FORCE MAJEURE RIDER
The obligations of the Surety and Principal under the Bond or Bonds to which this Rider is
annexed are subject to the following limitations and conditions, to wit: that, it is a condition
precedent to their liability hereunder that the contractual obligation (the contract or
subcontract, as the case may be, being referred to in this Rider as the "Contract") between
the Principal and the Obligee underlying this Bond includes (or shall be considered amended
to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be
held liable under this Bond or under the Contract for any impacts, delays, defaults, or
damages related to Principal's work arising from, or related to epidemics, pandemics,
medical emergencies, supply line interruptions, or natural disasters impacting the work
required by the Contract, regardless of where such events occur, acts of God, terrorism,
war, acts of government or administrative suspension, limitation, or shut-down, or the
direct or indirect consequences or aftermath of any of the foregoing, and the Contract
further provides that the Principal shali be entitled to an extension of the Contract Time and
an equitable adjustment of the Contract Price, as a result of any of the exciusions
heretofore cited. In the event the provisions for force majeure, time extensions, or
equitable adjustment for time and money are more favorable to Principal in the Contract,
than in this Rider, the more favorable shall apply.
Revised 3-2009
SureTec Insurance Company
IMPORTANT NOTICE
Statutory Complaint Notice/Filing of Claims
To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make
a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at:
SureTeclnsurance Company
9737 Great Hills Trail, Suite 320
Austin, TX 78759
You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints
at 1-800-252- 3439. You may write the Texas Department of Insurance at:
PO Box 149104
Austin, TX 78714-9104
Fax#: 512-490-1007
Web: http //www.tdi.texas.qov
Email: ConsumerProtection@tdi.texas.gov
PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should
contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
Texas Rider 8/2019
POLICY NUMBER:T82-Z91-471905-020
COMMERCIAL GENERAL LIA8ILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAI. GENERAL 1.�A81LITYCOVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additionalinsured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contrect or a9reement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement or
2. Available under the applicable Limits of
Insurance shown in the Dedarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declaretions.
SCHEDULE
Name Of Additional Insured Person(s)
Or Organizatlon(s):
Location And Description Of Compieted Operations
All persons or organizations with whom you have All locations as required by a written contract or
entered into a written contract or agreement, priar to an agreement entered into prior to an "occurrence" or
'bcwrrence" or offense, to provide additional insured offense,
status.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 37 04 13 � Insurence Services Office, Inc., 2012 Page 7 of 1
POLICY NUMBER:T82-Z91-471905-020
COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PIEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s)shown in the Schedule, but only with
respect to liabiliry for "bodily injury", "property
damage" or "personal and advertising injury"
caused, inwhole or in part, by:
1. Your atts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
7. The insurance afforded to such additional
insured only applies ro the eMent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurence afFoided to such additionalinsured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured.
B. W ith respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
Name Of Additional Insured Person(s)
Or Organization(s):
All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than sennce,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; o�
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or oiganization
other than another contractor or subcontracror
engaged in performing operetions for a
principal as a part ofthe same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurence:
If coverage provided to the additionai insured is
required 6y a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract o� agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
SCHEDULE
All persons or organizations with whom you have
entered into a written contract or agreement, prior to an
"occurrence" or offense, to provide additional insured
status.
Location(s) Of Covered Operations
All locations as required by a written contract or
agreement entered into prior to an "ocwrrence" a
ofFense.
Information required to complete this Schedule, if not shown above, will be shown in the Declaretions.
CG 20 10 0413 � Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: T62-Z91-471905-020
THIS ENDORSEMENT CHANGES THE POLICY. Pl.EASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABIUTY COVERAGE PART
Index of modified items:
Item 1, Blanket Additional Insured Where Required By Written Agreement
Lessors of Leased Equlpment .
Managers or Lessors of Premises
Mortgagees, Assignees or Recelvers
Owners, Lessees or Contracrors
Architects, Engineers or Surveyors
Any Person or Organization
Item 2. Blanket Additional Insured - Grantor Of Permits
Item 3. Other Insurence Amendment
Item 1. BlanketAdditional Insured Where Required By Written Agreement
Paragraph 2. of Section II - Who Is An Insured is amended to add the following:
Additional Insured By Written Agreement
The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage
as additional insureds under your policy:
1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In
whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or
organization(s).
This insurance does not apply to any "occurrence" which takes place a(ter the equipment lease expires.
2, Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written
lease agreement obligates you to procure additional insured coverage.
The coverage afforded to the additional insured is limited to liability In connection with the ownershlp,
maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or
omission(s) of you, your "employees", youi agents or your subcontractors. There is no coverage for the
additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf
of the additional insured, except as provided below.
If the written agreement obligates you to procure additional insured coverage for the additional insured's sole
negligence, then the coverage for the additional insured shall conform to the agreement, but only if the
applicable law would allow you to indemnify the additional insured for liability aiising out of the additional
insured's sole negligence.
LC 20 58 11 18 OO 2018 libetty Mutual Insurance Page 1 of 4
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
This insurance does not apply to:
a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease ihat land;
b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager
or lessor; ar
c. Any premises for which coverage is excl�ded by endorsement.
3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liabilily as
mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises.
This insurance does not appty to structural alterations, new construction and demolition operations performed
by or on behalf of such person(s) or organization(s).
4. Owners, Lessees or Confractors: Any person(s) or organization(s) to whom you are obligated to procure
additional insured coverege, but only with respect to liability for "bodily injury', "property damage" or "personal
and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of
your "employees", your agents, or your subcontractors, in the performance of your ongoing operations.
This insurance does not apply to "bodity injury", "property damage", or' personal and advertising injury" arising
out of "your work" included in the "products-completed operetions hazard" unless you are requlred to provide
such coverage for fhe additional insured by the written agreemant, and then only for the period o( time required
by the written agreement and only for liabiliiy caused, in whole or in part, by your act(s) or omission(s) or the
act(s) or omission(s) of your "employees", your agents, or your subcontractors.
There is no coverage for the additional insured for liability arising out of the sole negligence of the additional
insured or those acting on behalf of the addi6onal insured, except as provided below.
If the written agreement obligates you to procure additional insured coverage for the additional insured's sole
negligence, then the coverage for the additional insured shall conForm to the agreement, but only if lhe
applicable Iaw would allow you to indemnify the additionai insured for liability arising out the additional insured's
sole negligence.
This insurance does not apply to "bodily injury", "properiy damage" or "personal and advertising injury" arising
out of the rendering of, or failure to render, any professional architectural, engineering or surveying services,
including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, treining or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or Failure to render any professional services.
5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with
respect lo liability for "bodily inJury", "property damage" or "personal and advertising injury" caused, in whole or
in part, by your act(s) or omission(s) or the act(s) or omission(s) of lhose acting on your behalf:
a. In conneclion with your premises; or
b. In the performance of your ongoing operations.
This insurance does not apply to "bodily injury", ' property damage" or "personal and advertising injury" arising
o�t of the rendering of or failure to render any professional services by or for you, Including:
LC 20 58 11 18 OO 2018 Liberty Mutual Insurance Page 2 of 4
Includes copyrighted material of Insurance Services OKce, Ina, with its pa�misslon.
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, repoRs, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
in)ury', fnvolved the rendering of or failure to render any professional services by or for you.
6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint
venture of which you are a member) for whom you are obiigated to procure additional insured coverage, but
only with respect fo liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in
whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf:
a. In the performance of your ongoing operations; or
b. In connection with premises owned by or rented to you.
This insurance does not apply to:
a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5, above;
b. Any construction, renovation, demolition or insiallation operations performed by or on behaif of you, or those
operating on your behalf; or
c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor
or engineer with respect to liability arising out of the rendering of, or failure to render, any professional
architecfural, engineering or surveying services, induding:
(1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys,
field orders, change orders, designs and specifications; or
(2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or tailure to render any professional services by or on behalf of you, or those
operating on your behalf.
The insurance afforded to any parson(s) or organizalion(s) as an insured under this Item 1.:
1. Applies to the extent permitted by Iaw;
2. Applies only to lhe scope of coverage and the minimum limits of insurance required by the written agreement,
but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy;
3. Does not apply fo any person(s) or organization(s) for any "bodily injury", "Property damage" or "personal and
advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s)
or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury";
4. Applies only if the "bodily inJury" or "property damage" occurs, or the offense giving rise to the "personal and
advertising Injury" is committed, subsequent lo the execution of Ihe written agreement; and
5, Applies only If the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or
at the time the offense giving rise to the "personal and advertising injury" is committed.
LC 20 58 11 18 O 2018 Liberty Mutual Insurence Page 3 of 4
Includes copyrighted material of �nsurance Services Office, Inc., with ils permisslon.
Item 2. Blanket Additional Insured — Grantor Of Permits
Paragraph 2. of Section II — Who Is An Insured is amended to add ihe following:
Any state, municipality or political subdivision that has issued you a permit in connection with any operations
performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this
insurance applies, but only to the extent that you are required to provide additional insured status to the state,
munlcipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality
or political subdivision that has issued you a permit is an insured only with respect to iheir liability as grantor of such
permit to you.
However, with respect to the state, municipality or political subdivision:
1. Coverage will be no broader than required; and
2. Limits of insurance will not exceed ihe minimum limits of insurance required as a condition for receiving or
maintaining the permit;
but neither the scope of coverage nor the limits of insurance wili exceed those provided by this Policy.
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for
the state, municipality or political subdivision;
2. Any "bodily injury" or "property damage" included within ihe "producis-completed operations hazard", except
when required by written agreement initiated prior to loss; or
3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or
in paR, by you or those acting on your behaif.
Item 3. Other Insurance Amendment
If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any
other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy wili
apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV —
Commercial Generel Liability Conditions will noi apply. Where the appiicable written agreement does not speci(y
on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV —
Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance
available lo the additional insured for which it is also covered as an additional insured for the same "occurrence",
claim or "suiP'.
LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 4 of 4
� Includes copyrighted maferial of lasurence Services OKce, Inc., with its permission.
Policy Number: T62-Z91-4�1905-020
Issued by Liberry Mutual Fire Insurance Co.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Index of moditied items:
Item 1.
item 2.
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
Item 8.
Item 9.
Item to.
Item 11.
item t2.
Item 13.
Item 14.
Reasonable Force
Non•Owned Watercraft Extension
Damage To Premises Rented To You — Expanded Coverage
Bodlly Injury To Co-Employees
Health Care Professionals As Insureds
Knowledge Of Occurrence Or Offense
Notice Of Occurrence Or Offense
Unintentional Failure To Disclose
Bodily Injury Redefined
Supplementary Payments—Increased Limits
Property In Your Care, Custody Or Control
Mobile Equipment Redefined
Newly Formed Or Acquired Entities
Waiver Of Rfght Of Recovery By Written Contract Or Agreement
Item 1. Reasonable Force
Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the
following:
a. Expected Orintendedlnjury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion
does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect
persons or property.
Item 2. Non-Owned Watercraft Extension
Paragraph (2) of Exclusion g. of Section I— Coverage A— Bodily Injury And Property Damage Liabiliry is
replaced by thefollowing:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to cairy persons or property for a charge;
Item 3. Damage To Premises Rented To You — Expanded Coverage
A. The flnal paregraph of 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage
Liability is replaced by the following:
LC 32 19911 1B � 2018 liberty Mutual Insurance Page 1 of 5
Includes copynghted material ot Insurance Services Office, Inc, with its permission.
Exclusionsc. through n. do not apply to damage byfire, lightningor explosionor subsequentdamages resulting
from such fire, lightning or explosion including water damage to premises while rented to you or temporarily
occupied by you with permisslon of the owner. A separate limit of insurance applies to this coverage as
described in5ection III — Limits Of Insurance.
B. Paragraph 6, of Section III —Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay
under Coverage A for damages because of "property damage" to any one premises,while rented to you, or
in the case of demage byfire, lightning,explosion or subsequentdamages resultingfrom such fire, lightning
or explosion including water damage to premises while rented to you or temporarilyoccupied by you with
permission of the owner.
The Damage To Premises Rented To You Limit is the greater of:
a. $300,000; or
b. The Damage To Premises Rented To You l.imit shown on the Declarations.
C. Paragraph 9.a. of the definition of "Insured contract" irSection V— Definitions is replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fre, lightnin9, explosion or subsequent damages
resulting from such fire, lightning or explosion including water damage to premises while rented to you or
temporarily occupied by you with permission cUie owner is not an "insured contracY';
D. The paragraph immediatelyfollowing Paragraph (6) of Exclusionj, of Section 1— Coverage A— Bodily Injury
And Property Damage Liability is replaced by the following:
Paragraphs (1), (3) and (4) of this ezdusion do not apply to "property damage" (other than damage by fire,
lightning or ezplosion or subsequent damages resulting from such fire, lightning or explosion including water
damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer
consecutivedays. A separate limitof insuranceappliesto Damage To Premises Rented To You as described in
Section III — Limits of insurance
Item 4. Bodily Injury To Co•Employees
A. Paragraph 2. of Section II — Who Is An Insured is amended to include:
Each of the following is also an insured:
Yow "employees" (other than either your "executive o�cers" (if you are an organization other than a
partnership,jointventure or limitedliabilirycompany) or your managers (if you are a limitedliabilitycompany))
or "volunteer workers"are insuredswhile i n the course of their employmentor while performing duties related to
the conduct of your business with respect to "bodily injury":
(1) To you;
(2) To your partners or members (If you are a partnership orjoint venture);
(3) To your members (it you are a limited liability company); or
(4) To a co-"employee" or "volunteer worker" while that co"employee" or "volunteer worker" is either In the
course of his or her employmentby you or whileperforming duties related to the conductof your business
(including participation in any recreational activities sponsored by you).
Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not appty to "bodily injury° for which insurance is
provided bythis paragraph.
LC 32 199 71 18 � 2018 Liberty Mutual Insurance Page 2 of S
Includes copyrighted material of Insurance Services OtFlce, Inc., with i[s permission.
B, The insurance provided by this Item 4. for "bodily injury° to a co='employee" or "volunteer worker" wiil not apply
if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers'
compensation law or anysimilar law.
C. Otherinsurance
The insurance provided by this Item 4. is excess over any other valid and coliectible insurance available to the
insured, whether primary, excess, contingent or on any other basis.
Item 5. Health Care Professionais As Insureds
A. Paragraph 2.a.(1)(d) of SecNon II — Who Is An Insured is replaced by the following:
(d) Arising out of his or her providing or failure to provide professional health care services. However, any
"employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to
a public or medical emergency or who is a"designated health care provider" is an insured with resped to
"bodily injury" and "personai andadvertising injury" that:
(i) Arises out of the providing of or failure to provide professional health care senrices; and
(ii) Occurs in the course of and withinthe scope of such "employee's" or "volunteer worker's" employment
by the Named Insured.
B. W ith respect to "employees" and "volunteer workers" providing professional health care services, the foilowing
exclusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property
Damage Lia6ility and Paragraph 2. Exclusions of Section i— Coverage B— Personal And Advertising
Injury Lia6ility:
This insurance does not appiy to:
('I) Liability assumed under an "insured contracP' or any other contract or agreement;
(2) Liability arising out of the providing of professio�al health care services in violation of law;
(3) Liabilityarising out of the providing of any professional health care services while in any degree under the
influence ofintoxicants or narcotics;
(4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or
(5) Punitive or exemplary damages, fines or penalties.
C. The following definition is added tcSection V— Definitfons:
"Designa[ed health care provider" means any "employee" or "volunteer worker" of the Named Insured whose
duties include providing professional health care services, including but not limited to doctors, nurses,
emergency medical technicians odesignated first aid personnel.
D. Other Insurance
The insurance provided by this Item 5. is excess over any other valid and collecti6le insurance available to the
insured, whether primary, excess, contingent or on any other basis.
Item 6, K�owledge Of Occurrence Or Offense
Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge
by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense
has knowledge of the"occurrence" or offense.
LC 32 199 11 18 m 2018 Li6erty Mutual Insurance Page 3 of 5
Includes copyrighted material ot Insurance Sendces Office, Inc., with its permission.
Item 7. Notice Of Occurrence Or Offense
For purposes of Paragraph 2,a. of Section IV — Commercial General Liability Conditions, you refers to your
"executive officer"or "employee" that you have designated to give us notice.
Item 8. Unintentional Failure To Disclose
Unintentionalfailure of the Named Insured to discloseall hazards existingat the inceptionof this Policyshall not be
a basisfor denial of any coverage aHorded by this Policy. However, you must report such an error or omissionto us
as soon as practicableafter its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancel�ation or
non-renewal.
Item 9, Bodily Injury Redefined
The definition of "bodily injury" irSecNon V— Definitions is replaced by the following:
"Bodily injury" means:
a. Bodilyinjury,sicknessordiseasesusiainedbyaperson,includingdeathresultingfromanyofthesealanytime;
and
b. Mental anguish, shock or humiliation arising ou( of injury as defined in Paragraph a, above. Mental anguish
means any type ofinental or emotional illness or distress.
Item 70. Supplementary Payments — Increased Lim(ts
Paragraphs 'I.h. and 1.d, of 5ection I— Supplementary Payments — Coverages A And B are replaced by the
following:
b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the
use of anyvehicle to whlch Bodily Injury Liability Coverage applies. We do not have to fumish these bonds.
d. All reasonable expenses incurred by the insured at our request to assistin the investigationor defense of the
claim or "suit",including actual loss of earnings up to $500 a day because of time off from woik.
Item '11, Properly in Your Care, Custody Or Control
A. Paragraphs (3) and (4) of Exclusion j. of Section 1— Coverage A— Bodily injury And Property Damage
Liability are deleted.
B. Additionaf Exclusion
Coverage provided by this endorsement does not apply to "property damage" to property while in transit.
C. limits of Ins�rance
Subjectto Paragraphs 2.. 3., and 5. of Section III— Limits Of Insurence, the mostwe will pay for insurance
provided by ParagraphA. above is:
$10,000 Each Occurrence Limit
$75,000 Aggregate Limit
The Each Occurrence Limitfor this coverage applies to all damages as a result of any one "occurrence"
regardless of thenumber of persons or organizations who sustaln damage because of that "occurrence".
The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11.
LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 4 of 5
Indudes copyrighted materlal of Insurance Services Office, Inc., with its permission.
D. Otherinsurance
This insurancedoes not apply to any portion of a loss for which the insured has available any other valid and
collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance
was specifcally purchased by the insured to apply in excess ot this Policy.
Item 12. Mobtie Equipment Redefined
The definitionof "mobile equipment" in Section V— Definitions is amended to include self-propelled vehicles with
permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or
(3) Street cieaning.
However, "mobile equipmenP' does not include land vehicles that are subject to a compulsory or financial
responsibilitylaw or other motor vehicle insur,ance law where such vehicles are licensed or principally garaged.
�and vehic�es subject to a compulsory or financial responsibility law or other motor vehicle insurance law are
considered "autos".
Item 13. Newly Formed Or Acquired Entities
A. Paragraph 3. of Section II — Who fs An Insured is repiaced by the following:
3. Any organizationyou newlyacquire or form, other than a partnershipor join[venture, and over whichyou
maintainmajorityownershipor majorityinterest, willqualify as a Named Insured if there is no other similar
insurance available ro that organization However.
a. Coverage under this provision is afforded only until:
(1) The 180th day after you acquire or form the organization;
(2) Separate coverage is purchased for the organization; or
(3) The end of the policy period
whichever is earlier;
b. Section I— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily
injury" or "propertydamage" that occurred before you acquired or formed the organization; and
c. Section I— Coverage B— Personal And Advertising Injury Liability does not apply to "personal and
advertising injury"arising out of an offense committed before you acquired or formed the organization.
B. The insurance afforded to any organization as a Named Insured under this item 13. does not apply if a eroad
Form Named Insuredendorsement attached to this Policy applies to that organization.
Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —
Commercial Generai Liability Conditions:
W e waive any right of recovery because of payments we make under this Policyfor injury or damage arising out of
your ongoing operations or "your work" induded in the "products-completed operetions hazard" that we may have
against any person or organization with whom you have agreed in a wntten contract or agreement to waive your
rights of recovery but only if the "bodily injury" or "property dama9e" occurs, or offense giving rise to "personal and
advertising injury" is committed subsequent to the exewtion of the written contract or agreement.
LC 32 799 11 �8 OO 2018 Liberry Mutual Insurance Page 5 of 5
Includes mpyrighted ma[erial of Insurance Services Offica. Inc., with its permission.
Policy Number: AS2-Z91-471905-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED - NONCONTRIBUTING
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form.
Schedule
Name of Person(s) or Organizations(s):
Regarding Designated Contract or Project:
Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision
contained in Section II of the Coverage Form.
The following is added to the Other Insurance Condition:
If you have agreed in a written agreement that this policy will be primary and without right of contribution
from any insurance in force for an Additional Insured for liability arising out of your operations, and the
agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be
primary and we will not seek contribution from such insurance.
AC 84 23 08 11 OO 2010, Liberty Mutual Group of Companies. AII rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc. with its
permission.
Policy Number : AS2-Z91-471905-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXIII.
Newly Acquired or Formed Organizations
Employees as Insureds
Lessor-Additional Insured and Loss Payee
Supplementary Payments - Increased Limits
Fellow Employee Coverage
Personal Property of Others
Additional Transportation Expense and Cost to Recover Stolen Auto
Airbag Coverage
Tapes, Records and Discs Coverage
Physical Damage Deductible - Single Deductible
Physical Damage Deductible - Glass
Physical Damage Deductible - Vehicle Tracking System
Duties in Event of Accident, Claim, Suit or loss
Unintentional Failure to Disclose Hazards
Woridwide Liability Coverage - Hired and Nonowned Autos
Hired Auto Physical Damage
Auto Medical Payments Coverage Increased Limits
Drive Other Car Coverage - Broadened Coverage for Designated Individuals
Rental Reimbursement Coverage
Notice of Cancellation or Nonrenewal
Loan/Lease Payoff Coverage
Limited Mexico Coverage
Waiver of Subrogation
I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS
Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form,
other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent
interest, provided:
A. There is no similar insurance available to that organization;
B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until:
1. The 90th day after you acquire or form the organization; or
2. The end of the policy period,
whichever is earlier; and
C. The coverage does not apply to an "accident" which occurred before you acquired or formed the
organization.
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 1 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
II. EMPLOYEES AS INSUREDS
Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS �IABILITY COVERAGE is amended
to add the following:
Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or
borrow in your business or your personal affairs.
III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages
provided under this section apply to any "leased auto" until the expiration date of this policy or until the
lessor or his or her agent takes possession of the "leased auto" whichever occurs first.
B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY
COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor
of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage"
resulting from the acts or omissions by:
1. You.
2. Any of your "employees" or agents; or
3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with
the permission of any of the above.
C. Loss Payee Clause
1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered
"leased auto".
2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from
fraudulent acts or omissions on your part.
3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any
other party.
D. Cancellation
1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common
Policy Condition.
2. If you cancel the policy, we will maii notice to the lessor.
3. Cancellation ends this agreement.
E. The lessor is not liable for payment of your premiums.
F. For purposes of this endorsement, the following definitions apply:
"Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business,
including any "temporary substitute" of such "leased auto".
"Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the
covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction.
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 2 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS
Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS IIABILITY COVERAGE are
deleted and replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of
an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to
$500 a day because of time off from work.
V. FELLOW EMPLOYEE COVERAGE
A. Exclusion B.S. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply.
B. For the purpose of Fellow Employee Coverage only, Paragraph 6.5. of SECTION IV - BUSINESS AUTO
CONDITIONS is changed as follows:
This Fellow Employee Coverage is excess over any other collectible insurance.
VI. PERSONAL PROPERTY OF OTHERS
Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to
add the following:
This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal
property" of your "employees" or others whiie such property is carried by the covered "auto". The Limit of
Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit
oflnsurance.
For the purpose of this section of this endorsement, "personal property" is defined as any property that is not
used in the individual's trade or business or held for the production or collection of income.
VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO
A. Paragraph A.4.a. of SECTION III • PHYSICAL DAMAGE COVERAGE is amended as follows:
The amount we will pay is increased to $50 per day and to a maximum limit of $1,000.
B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
If your business is shown in the Declarations as something other than an auto dealership, we will also pay
up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the
place where it is recovered to its usual garaging location.
VIII. AIRBAG COVERAGE
Exclusion 6.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
IX. TAPES, RECORDS AND DISCS COVERAGE
Exclusion B.4.a, of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following:
a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio,
visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or
data electronic devices:
AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 3 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(1) Are your property or that of a family member; and
(2) Are in a covered "auto" at the time of "loss".
The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this
coverage.
X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE
Paragraph D. in SECTION III - PHYSICA� DAMAGE COVERAGE is deleted and replaced by the following:
D. Deductible
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will
be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage
deductible shown in the Declarations does not apply to "loss" caused by fire or lightning.
When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss' for all the
involved covered "autos" will be reduced by a single deductible, which will be the largest of all the
deductibles applying to all such covered "autos".
XI. PHYSICALDAMAGEDEDUCTIBLE—G�ASS
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it.
XII. PHYSICA� DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add:
Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a
global positioning device and that device was the method of recovery of the vehicle.
XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to:
a. In the event of "accidenP', claim, "suif' or "loss", your insurance manager or any other person you designate
must notify us as soon as reasonably possible of such "accidenY', claim, "suit" or "loss". Such notice must
include:
(1 � How, when and where the "accidenY' or "loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
Knowledge of an "accidenY', claim, "suiY' or "loss" by your agent, servant or "employee" shall not be
considered knowledge by you unless you, your insurance manager or any other person you designate has
received notice of the "accidenY', claim, "suit" or "loss" from your agent, servant or "employee".
b. Additionally, you and any other involved "insured" must:
(1) Assume no obligation, make no payment or incur no expense without our consent, except at the
"insured's" own cost.
AC 84 07 11 77 �O 2017 Liberty Mutual Insurance Page 4 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received
concerning the claim or "suiY'.
(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suiY'.
(4) Authorize us to obtain medical records or other pertinent information.
(5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require.
XIV. UNINTENTIONAL FAILURE TO DISCLOSE HA2ARDS
Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following:
Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business
Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage
for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as
reasonably possible after its discovery.
XV. WORLDWIDE �IABILITY COVERAGE - HIRED AND NONOWNED AUTOS
Condition 6.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following:
For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory
means all parts of the world subject to the following provisions:
a. If claim is made or"suiY' is brought against an "insured" outside of the United States ofAmerica, its territories
and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate,
negotiate, and settle or defend such claim or "suiY'.
If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or
defend the claim or "suiY' and we will reimburse the "insured" for the expenses reasonably incurred in
connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the
United States of America at the rate of exchange prevailing on the date of reimbursement.
The "insured" shall provide us with such information we shall reasonably request regarding such claim or
"suiY' and its investigation, negotiation, and settlement or defense.
The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not
unreasonably withhold consent.
b. We are not licensed to write insurance outside of the United States of America, its territories or possessions,
Puerto Rico and Canada.
We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose
of complying with the laws of other countries relating to auto insurance.
Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This
insurance does not apply to such fines or penalties.
XVI. HIRED AUTO PHYSICAL DAMAGE
If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos,
the following will apply:
A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private
passenger type hired without an operator for use in your business:
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 5 of 10
Includes copyrighted material of Insurance Services Office, inc., with its permission.
1. The most we will pay for coverage afforded by this endorsement is the lesser of:
a. The actual cost to repair or replace such covered "auto" with other property of like kind and quatity;
or
b. The actual cash value of such covered "auto" at the time of the "loss".
2. An adjustment for depreciation and physical condition will be made in determining actual cash value in
the event of a total "loss".
3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the
betterment.
B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be
reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you
own. If no applicable deductible is shown in the Declarations, the deductible will be $250.
If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos,
this Section XVI of this endorsement does not apply.
C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an
"insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or
hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses
caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for
any covered "auto";
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".
However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900.
XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS
For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the
Declarations if the "insured" was wearing a seat belt at the time of the' accidenY'. This is the maximum amount
we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds",
premiums paid, claims made, or vehicles involved in the "accidenY'.
If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of
this endorsement does not apply.
XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS
A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the
Schedule to this endorsement.
B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows:
1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by
any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or
her spouse while a resident of the same household except:
AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 6 ot 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
a. Any "auto" owned by that individual or by any member of his or her household; or
b. Any "auto" used by that individual or his or her spouse while working in a business of selling,
servicing, repairing or parking "autos".
2. The following is added to Who Is An Insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or
her spouse, while a resident of the same household, are "insureds" while using any covered "auto"
described in Paragraph 8.1. of this endorsement.
C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as
follows:
The following is added to Who Is An Insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her
"family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't
own except:
Any "auto" owned by that individual or by any "family member".
D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows:
Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care,
custody or control of any individual named in the Drive Other Car section of the Schedule to this
endorsement or his or her spouse while a resident of the same household except:
1. Any "auto" owned by that individual or by any member of his or her household; or
2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing,
repairing or parking "autos".
E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following:
"Family member" means a person related to the individual named in the Drive Other Car section of the
Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's
household, including a ward or foster child.
XIX. RENTAL REIMBURSEMENT COVERAGE
A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay
for rental reimbursement expenses incurred by you forthe rental of an "auto" because of a covered physical
damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable
amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage.
B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss"
and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage
limit.
C. Our payment is limited to the lesser of the following amounts:
1. Necessary and actual expenses incurred; or
2. $30 per day with a maximum of $900 in any one period.
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 7 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
D. This coverage does not apply:
1. While there are spare or reserve "autos" available to you for your operations; or
2. If coverage is provided by another endorsement attached to this policy.
E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already provided
for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of
the Business Auto Coverage Form or Section VII of this endorsement.
XX. NOTICE OF CANCELLATION OR NONRENEWAL
A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to:
2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the
Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal
Schedule:
a. For reasons of non-payment, the greater of:
(1) 10 days; or
(2) The number of days specified in any other Cancellation Condition attached to this policy; or
b. For reasons other than non-payment, the greater of:
(1) 60days;
(2) The number of days shown in the Cancellation and Non-renewal Schedule; or
(3) The number of days specified in any other Cancellation Condition attached to this policy,
prior to the effective date of the cancellation or non-renewal.
B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto,
remain in full force and effect.
XXI. LOAN/LEASE PAYOFF COVERAGE
The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICA� DAMAGE
COVERAGE:
In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or
declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on
the lease or loan for that covered "auto", less:
1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of the "loss";
b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance
purchased with the loan or lease; and
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 8 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
e. Carry-over balances from previous loans or leases.
This coverage is limited to a maximum of $1,500 for each covered "auto".
XXII.LIMITED MEXICO COVERAGE
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE
UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL
OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED
BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT
ALL IN MEXICO. YOU SHOU�D CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN
INSURANCE COMPANY BEFORE DRIVING INTO MEXICO.
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES
FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA.
A. Coverage
1. Paragraph 6.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the
following:
The coverage territory is extended to include Mexico but only if all of the following criteria are met:
a. The "accidents" or "loss" occurs within 25 miles of the United States border; and
b. While on a trip into Mexico for 10 days or less.
2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in
SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following:
The insurance provided by this endorsement will be excess over any other collectible insurance.
B. Physical Damage Coverage is amended by the addition of the following:
If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the
covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash
value of such "loss" at the nearest United States point where the repairs can be made.
C. Additional Exciusions
The following additional exclusions are added:
This insurance does not apply:
1. If the covered "auto" is not principally garaged and principally used in the United States.
2. To any "insured" who is not a resident of the United States.
XXIII. WAIVER OF SUBROGATION
Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization
where the Named Insured has agreed, by written contract executed prior to the date of "accidenY', to waive
rights of recovery against such person or organization.
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 9 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Schedule
Premium
Liability
Physical Damage
Total Premium
XVIII. Drive Other Car LIAB MP UM UIM
Name of Individual
XX. Notice of Cancellation or Nonrenewal
Name and Address
COMP COLL
Number of Days
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 10 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect
to bodily injury arising out of the operations described in the Schedule where you are required by a written contract
to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
1. ( ) Specific Waivei
Name of person or organization
Schedule
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations:
Ali Texas operations
3. Premium:
The premium charge
connection with work
described.
4. Advance Premium:
for this endorsement shall be 2.0 percent of the premium developed on payroll in
performed for the above person(s) or organization(s) arising out of the operations
Issued by Liberly Mutual Fire Insurance Company16586
For attachment to Policy No.WC2-Z91•471905-010 Ef(ec6ve Date Premium S
Issuedto BeanElecVical.lnc.
WC 42 03 04 B �O Copyrght 2014 Nalional Council on Compensalion Insurance, Inc.
Ed. O6lOtl2014 All Rights Reserved.
Page I of 1
POLICY NUMBER:TB2-Z91-477905-020
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COM PLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIA8ILITY COVERAGE PART
A. Sectlon II — Who is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products-completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies ro the extent permitted by
law; and
2. If coverege provided to the additional insured is
required by a contract or agreement, the
insurence afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insuied.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Iil — Limits Of insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; oi
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsem ent shall not increase the applicable
Limits of Insurance shown in the Declarations.
SCHEDULE
Name Ot Additional Insured Person(s)
Or Organization(s):
Location And Description Of Completed Operations
All persons o� organizations with whom you have All locations as required by a written contract or
entered into a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or
"occurrence" or offense, to provide additional insured offense.
status.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 37 04 13 �O Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER:TB2-Z91-471905-020
COMMERCIAI GENERAL LIA8ILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA8IUTY COVERAGE PART
A. SecHon II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s)shown in the Schedule, but only with
respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, inwhole or in paK, by:
1. Your acts oromissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
'1. The insurance afforded ro such additional
insured only applies to the eMent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurence afforded to such additionalinsured will
not be broader than that which you are required
by the contrector agreement to provide for such
additional insured.
B. With respect to the insurance afforded to these
additionai insureds, the following additional
exclusions apply:
This insurence does not apply to "bodily injury" or
"property damage" occurrin9 after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
compieted; or
2. That portion of "your work" out of which the
injury or damage arises has been put ro its
intended use by any person or organization
other than another contracror or subcontractor
engaged in performing operations for a
principal as a part ofthe same project.
C. With resped to the insurance afforded ro these
additional insureds, the following is added to
Section Iil —Limits Of Insurance:
If coverage provided ro the additionai insured is
required by a contractor agreement, the mostwe
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
SCHEDULE
Name Of Additional Insured Person(s) location(s) Of Covered OpereHons
Or Organization(s):
All persons or organizations with whom you have
entered into a written contract or agreement, prior to an
"ocwrrence" or offense, to provide additional insured
status.
All locations as required by a written contract or
agreement entered into prior to an "occurrence" w
ofFense.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 2010 0413 �O Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number T82-Z91-471905-020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Index of modified items:
Item 1. Blanket Additionai Insured Where Required By Written Agreement
Lessors of Leased Equlpment .
Managers or Lessors of Premises
Mortgagees, Assignees or Recelvers
Owners, Lessees or Contrectors
Architects, Engineers or Surveyors
Any Person or O�ganizafion
Item 2. Blanket Additional Insured - Grantor Of Permits
Item 3. Other Insurence Amendment
Item t. Blanket Additional Insured Where Required By Written Agreement
Paragraph 2. of Sectfon II - Who Is An Insured is amended to add the following:
Additional Insured By Wrftten Agreement
The following are Insureds under the Policy when you have agreed in a written agreement to provide them coverage
as additional insureds under your policy:
1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In
whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or
organization(s).
This insurance does not apply to any "occurrence" which takes place after the equipment lease expires.
2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written
lease agreement obligates you to procure additional insured coverage.
The coverage afforded to the additional Insured is limited to liability In connectlon with the ownershlp,
maintenance or use of fhe premises leased to you and caused, in whole or In part, by some negligent act(s) or
omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the
additional insured for Ifability arising out of the sole negligence of the additional insured or those acting on behalf
of the additional insured, except as provided below.
If the written agreement obligates you to procure additional insured coverage for the additional insured's sole
negligence, then the coverage for the additional insured shall conform to the agreement, but only if the
applicable law would allow you to indemnify the additional insured for liability arising out of the additional
insured's sale negligence.
LC 20 58 11 18 OO 2018 Liberty Mulual Insurance Page 1 of 4
Includes copyrighted material of Insurance Services Offlce, Inc., wI[h ils permission.
This insurance does not apply to:
a. Any "occurrence" which takes place after you cease io be a tenant in that premises or to lease that land;
b, Structural alterations, new construction or demolition operations performed by or on 6ehalf of that manager
or lessor; or
c. Any premises for which coverage is excluded by endorsement.
3. Mortgagees, Assignees or Recelvers: Any person(s) or organization(s) with respect to their Iiabiiity as
mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises.
This insurance does not apply to structural alterations, new consVuction and demolition operations performed
by or on behalf of such person(s) or organization(s).
4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure
additional Insured coverage, but onty with respect to liability for "bodily injury", "property damage" or "personal
and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of
your "employees", your agents, or your subcontractors, in the perFormance of your ongoing operations.
This insurance does not apply to "bodily injury", "property damage", or "personal and advertising Injury" arising
out of "your work" Included in the "products•completed operations hazard" uniess you are required to provide
such coverage for ihe additional insured by the written agreement, and lhe� only for the period of time required
by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the
act(s) or omission(s) of your "employees", your agents, or your subcontractors,
There is no coverage for the additional insured for liabilily erising out of the sole negiigence of the additional
insured or those acting on behalf of the additional insured, except as provided below.
If the written agreement obligates you to procure additional insured coverage for the additional insured's sole
negiigence, then the coverage for the additional insured shall conform to the agreement, but only if the
applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's
sole negligence.
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising
out of the rendering of, or failure to render, any professional architectural, engineering or surveying services,
including:
a. The preparing, approving, orfailing to prepare or approve, maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence' which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or failure to render any professional services.
5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with
respect lo liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or
In part, by your act(s) or omission(s) or the act(s) or omission(s) of Ihose acting on your behalf:
a. In connection with your premises; or
b. In ihe performance of your ongoing operations.
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arlsing
out of the rendering of or faiiure to render any professional services by or for you, including:
LC 20 58 11 16 OO 2018 Liberty Mutual Insurance Page 2 of 4
Includes copydghted material of Insurence Services O�ca, Inc., with its permission.
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, repoRs, surveys,
field orders, change orders or drawings and specifications; or
h. Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any fnsured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or failure to render any professional services by or for you.
6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint
venture of which you are a member) for whom you are obligated to procure additional insured coverage, but
only with respect to liabiliiy for "bodily injury", "property damage" or "personal and advertising injury" caused, in
whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf:
a. In the performance of your ongoing operations; or
b. In connection with premises owned by or renfed to you.
This insurance does not apply to:
a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5, above;
b. Any construction, renovation, demolition or insiailation operations performed by or on behalt of you, or those
operating on your behalf; or
c, Any person(s) or organization(s) whose profession, business or occupation is that of an archltect, surveyor
or engineer with respecf to liability arising out of the rendering of, or failure to render, any professional
archilectural, engineering or surveying services, including:
(1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys,
field orders, change orders, designs and specifications; or
(2) Supervisory, inspection, architecturel or engineering activities.
This exclusion applies even if tha claims against any insured allege negligence or other wrongdoing in the
supervlsion, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", invoived the rendering of or failure to render any professional services by or on behalf of you, or those
operating on your behalf.
The insurance aiforded to any person(s) or organization(s) as an insured under lhis Item 1.:
1. Applies to the extent permitted by law;
2, Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement,
but in no event exceeds elther the scope of coverage or the limits of insurance provided by this Policy;
3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and
advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s)
or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury";
4. Applies only it the "bodily injury" or "propeRy damage" occurs, or the offense giving rise to the "personal and
advertising fnjury" is committed, subsequenl lo the execution of Ihe written agreement; and
5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or
at the time the offense giving rise fo the "personal and advertising injury" is committed.
LC 20 58 11 18 OO 2018 Liberty Mutual Insurance Page 3 of 4
Indudes copyrighted material of Insurance Services O�ce, Inc., with its permisslon.
Item 2. Blanket Additionai Insured — Grantor Of Permits
Paragraph 2. of Section II — Who Is An Insured is amended to add the following:
Any state, municipality or political subdivision thal has issued you a permit in connectlon with any operatlons
performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this
insurance applies, but only to the extent that you are required to provide additional insured status to the state,
municipality or political subdivislon as a condition of receiving and maintaining the permit. Such state, municipality
or political su6division that has issued you a permit is an insured only with respect to Iheir Iiability as grantor of such
permit to you.
However, with respect to the state, municipalfty or political subdivision:
7. Coverage will be no broader than required; and
2. Limits of insurance will not exceed the minimum limits of Insurance required as a condition for receiving or
maintaining ihe permit;
but neither the scope of coverage nor the limits of insurance will excead those provided by this Policy.
This insurance does not apply to:
1. "8odily injury", "property damage" or "personal and advertising injury" arising out of operations performed for
the state, municipality or political subdivision;
2. Any "bodily injury" or'property damage" included wfthin the "products-completed operations hazard", except
when required by written agreement initiated prior to loss; or
3. "Bodily injury", 'propeAy damage" or "personal and advertising injury", unless negligen0y caused, in whole or
in paR, by you or those acting on your behalf.
Item 3. Other Insurance Amendment
If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any
other basis for any person(s) or organization(s) that qualifies as an additional insured on ihis Policy, this Policy will
apply solely on the basis requlred by such written agreement and Paragraph 4. Other Insurance of Section IV —
Commerciat General Liability Conditions will not apply. Where the applicable written agreement does not specify
on what basis the liabilily insurance will apply, the provisions of Paragraph 4. Other Insurance o( Section IV —
Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance
available to the additionai insured for which it is also covered as an additional insured for the same "occurrence",
claim or "suit".
LC 20 58 11 18 OO 2018 Liberty Mutual insurance Page 4 of 4
Includes copydghted material of Insurence Services OKce, Ina, with its permisslon.
Policy Number: T82-Z91-471905-020
Issued by Liberry Mutual Fire Insurance Co.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the followin9:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Index of modified items:
Item 1.
Item 2.
Item 3.
Item 4.
Item 5.
Item 6.
Item 7.
Item 8.
Item 9.
Item to.
Item 11.
Item 12.
Item 13.
Item 14.
Reasonable Force
Non•Owned Watercraft Extension
Damage To Premises Rented To You — Expanded Coverege
Bodily Injury To Co•Employees
Health Care Professionals As Insureds
Knowledge Of Occurrence Or Offense
Notice Of Occurrence Or Offense
Unintentional Failure To Disclose
Bodily Injury Redefined
Supplementary Payments—increased Limits
Property in Your Care, Custody Or Control
Mobile Equipment Redefined
Newly Formed Or Acquired Entities
Waiver Of Right Of Recovery By Written Contract Or Agreement
Item 1. Reasonable Force
Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the
following:
a. Expected Or Intended Injury
"Bodily injury' or "property damage" expected or intended from the standpoint of the insured. This exclusion
does not apply to "bodily injury" or "property damage" resuiting from the use of reasonable force to protect
persons or property.
Item 2. Non-Owned Watercraft Extension
Paregraph (2) of Exclusion g. of Section I— Coverage A— Bodily Injury And Property Damage Liability is
replaced by thefollowing:
(2) A watercraft you do not own that is:
(a) Less than 55 feet long; and
(b) Not being used to carry persons or property for a chaige;
Item 3. Damage To Premises Rented To You — Expanded Coverage
A. The flnal paragraph of 2. Exclusions of Section i— Coverage A— Bodily Injury And Property Damage
Liability is replaced by the following:
LC 32 199'it 18 m 2018 Liberty Muluai Insurance Page 1 of 5
Includes copyrigh[ed material of Insurance Services Office, Inc, with its permission.
Exclusionsc. through n. do not applyto damage by fire, lightningor explosionor subsequentdamages resulting
from such flre, lightning or explosion including water damage to premises while rented to you or temporarily
occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as
described inSection III — Limits Of Insurance.
B. Paragraph 6, of Section III — Limits Of tnsurance is replaced by the following:
6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay
under Coverage Afor damages becauseof "property damage" to any one premises,while rented to you, or
i n the case of damage by fire, lightning, explosion or subsequentdamages resulting from such fire, lightning
or explosion including water damage to premises while rented to you or temporarilyoccupied by you with
permission of the owner.
The Damage To Premises Rented To You limit is [he greater of:
a. $300,000; or
b. The Oamage To Premises Rented To You Limit shown on the Declarations.
C. Paragraph 9.a. of the definition of "insured contract" irSection V— Definitions is replaced by the following:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that
indemnifies any person or organization for damage by fre, lightning, explosion or subsequent damages
resulting from such fire, lightning or explosio� including water damage to premises while rented to you or
temporarily occupied by you with permission dhe owner is not an "insured contract";
D. The paragraph immediatelyfollowing Paragraph (6) of Exclusionj. of Section I— Coverage A— Bodily Injury
And Property Damage Liability is replaced by the foliowing:
Paragraphs (7), (3) and (4) of this exclusion do not apply to "properry damage" (other than damage by fire,
lightning or explosion or subsequent damages resultin9 from such fire, lightning or explosion including water
damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer
consecutivedays. A separate limitaf insurance appliesto Damage To Premises Rented To You as described in
Section 111—Limits of Insurence
Item 4. Bodily Injury To Co-Employees
A. Paragraph 2. of Section II — Who Is An Insured is amended to include:
Each of the following is also an insured:
Your "employees" (other than either your "executive officers" (if you are an organization other than +
partnership,joint venture or limitedliabilirycompany) or your managers (if you are a limitedliabilitycompany))
or "volunteer workers"are insuredswhilein the course of their employmentor whileperforming duties related to
the conduct of your business with respect to "bodily injury":
(1) To you;
(2) To your partners or members (if you are a partnership orjoint venture);
(3) To your members (if you are a limited liability company); or
(4) To a co-"employee" or "volunteer worker" while that co"employee" or "volunteer worker" is either in the
course of his or her employmentby you or whileperforming duties related to the conductof your business
(including participatlon in any recreational activities sponsored by you).
Paragraph 2,a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is
provided bythis paragraph.
LC 32 199 11 18 m 2018 Liberty Mutual Insurance Page 2 of 5
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.
B. The insurance provided by this Item 4. for "bodily injury" to a co"employee" or "volunteer worker" will not apply
if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers'
compensation law or anysimilar law.
C. Other Insurance
The insurance provided by this Item 4, is excess over any other valid and collectible insurance availab�e to the
insured, whether primary, ex�ess, contingent or on any other basis.
Item 5. Health Care Professionals As Insureds
A. Paragraph 2.a.(1)(d) of Sectlon II — Wha Is An Insured Is replaced by the following:
(d) Arising out of his or her providing or failure to provide professional health care services. However, any
"employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to
a public or medical emergency or who is a"designated health care provider" is an insured with respect to
"bodily injury" and "personal andadvertising injury" that:
(i) Arises out of the providing of or failure to provide professional health care services; and
(ii) Occurs in the course of and withinthe scope of such "employee's"or "volunteer worker's" employment
by the Named Insured.
B. W ith respect to "employees" and "volunteer workers" providing professional health care services, the fo�lowing
exclusionsare added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property
Damage Liability and Paragraph 2. Exclusions of Section I— Coverage 8— Personal And Advertising
Injury Lia6ility:
This insurance does �ot apply to:
(1) Liability assumed under an "insured contracP' or any other contract or agreement;
(2) Liability arising out of the providing of protessional health care senrices in violation of law;
(3) Liabiliryarising out of the providing of any professional health care services while in any degree under the
influence ofintoxicants or narcotics;
(4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act orfailure to act or
(5) Punitive or exemplary damages, fines or penalties.
C. The following definition is added t�ection V— Definitfons:
"Designated heaith care provider" means any "employee" or "volunteer worker" of the Named Insured whose
duties include providing professional health care services, including but not limited to doctors, nurses,
emergency medical technicians odesignated first aid personnel.
D. Other Insurance
The insurance provided by this Item 5. is excess over any other valid and collecti6le insurance available to the
insured, whether primary, excess, contingent or on any other basis.
Item 6. Knowledge Of Occurrence Or Offense
Knowledgeof an "occurrence" or offense by youragent, servant or "employee" will not in itselfconstituteknowiedge
by you unless your "executive officer" or "employee" designated by you to notify us of an 'bccurrence" or offense
has knowledge of the"occurrence" or offense.
LC 3219911 18 02018 Liherty Mutual Insurance Page 3 of 5
Includes copyrighted material of Insurance Sendces office, Inc., with its permission.
Item 7. Notice Of Occurrence Or Offense
For purposes of Paragraph 2.a. of Section IV — Commerciai General Liability Conditions, you refers to your
"executive o�cer"or "employee" that you have designated to give us notice.
Item 8. Unintentional Failure To Disclose
Unintentionalfailure of the Named Inwred to discloseall hazards existingat the inceptionof this Policyshall not be
a basisfor denial of anycoverage afforded by this Policy. However, you must report such an error or omissionto us
as soon as practicableafter its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancellation or
non-renewal.
Item 9. Bodily Injury Redefined
The definition of "bodily injury" irSection V— Definitions is replaced by [he following:
"Bodily injury" means:
a. Bodilyinjury,sicknessordiseasesustainedbyaperson,includingdeathresultingfromanyofthesealanytime;
and
b. Mental anguish, shock or humiliation arising out of injury as deFlned in Paragraph a. above. Mental anguish
means any type ofinental or emotional illness or distress.
item 70. Supplementary Payments — lncreased Limits
Paragraphs 1.b. and 1.d. of Section I— Suppiementary Payments — Coverages A A�d B are replaced by the
following:
b. Up to $3,000 for the cost of bail bonds required because of accidents or tra�c law violations arisingout of the
use of anyvehicle to which Bodily Injury Liabiliry Coverage applies. W e do not have to fumish these bonds.
d. All reasonable expenses incurred by the insured at our request to assistin the investigationor defense of the
claim or "suit",including actual loss of earnings up to $500 a day because of time off from work.
Item 11. Property In Your Care, Custody Or Control
A. Paragraphs (3) and (4) of Exclusion J. of Section 1— Coverage A— Bodily Injury And Properly Damage
Liability are deleted.
8, Additional Exclusion
Coverage provided by this endorsement does not apply to "property damage" to property while in transit.
C. Limits of insurance
Subject to Paragraphs 2., 3., and 5. of Sectio� III — Limits Of Insurance, the most we will pay tor insurance
provided by ParagrephA. above is:
$t0,OD0 Each Occurrence Limit
$75,000 Aggregate Limit
The Each Occurrence Limitfor this coverage applies to all damages as a result of any one "occurrence"
regardless of thenumber of peisons or organizations who sustain damage because of that "occurrence",
The Aggregate Limit is the most we will pay for the sum of all damages under this Item 17.
lC 32 199 11 98 O 2078 Liberty Mutual Insurance Page 4 of 5
Includes copyrighted materlal of Insurance Services Office. Inc., with its permisslon.
D. Otherinsurance
This insurancedoes not apply to any portion of a loss for which the insured has available any other ualid and
collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance
was specifcally purchased by the (nsured to apply in excess of this Policy.
item '12. Mobile Equipment Redefined
The definitionof "mobile equipmenP' in Section V— Definitions is amended to include self-propelled vehicles with
permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing; or
(3) Street cleaning.
However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial
responsibilirylaw or other motor vehicle insur,ance law where such vehicles are licensed or principally garaged.
Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are
considered "autos".
�tem 13. Newly Formed Or Acquired Entities
A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following;
3. Any organization you newlyacquire or form, other than a partnership or joint venture, and over whichyou
maintainmajorityownershipor majorityin[erest, willqualifyas a Named Insured if there is no other similar
insurance available to that organizatlon However.
a. Coverage under this provision is afforded only until:
(1) The 180th day after you acquire or form the organization;
(2) Separate coverage is purchased for the organization; or
(3) The end of the policy period
whichever is eariier;
b. Section I— Coverage A— Bodily Injury And Properry Damage Liability does not apply to "bodily
injury" or "properrydamage" that occurred before you acquired or formed the organization; and
c. Section I— Coverege B— Personal And Advertising InJury Liability does not apply to "personal and
advertising injury"arising out of an offense commi,tted 6efore you acquired or formed the organization.
B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad
Form Named Insuredendorsement attached to this Policy applies to that organization.
Item 14. Waiver Of Right Ot Recovery By Written Contract Or Agreement
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —
Commerciai General l.iabiliry Conditions:
We waive any right of recovery because of payments we make under this Policyfor injuryor damage arising out of
your ongoing operations or "your work" included in the "products-completed operetions hazard" that we may have
againstany person or organization with whom you have agreed in a written contract or agreement to waive your
rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and
advertising injury" is committed subsequent to the execution of the written contract or agreement.
LC 32 199 11 18 0 2018 Liberty Mufual Insurance Page 5 of 5
Includes copyrighled material of Insurance Services OKce, Inc., with its permission.
Policy Number: AS2-Z91-471905-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFU�LY.
DESIGNATED INSURED - NONCONTRIBUTING
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIERS COVERGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form.
Schedule
Name of Person(s) or Organizations�s):
Regarding Designated Contract or Project:
Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision
contained in Section II of the Coverage Form.
The following is added to the Other Insurance Condition:
If you have agreed in a written agreement that this policy will be primary and without right of contribution
from any insurance in force for an Additional Insured for liability arising out of your operations, and the
agreement was executed prior to the "bodily injury' or "property damage", then this insurance will be
primary and we will not seek contribution from such insurance.
AC 84 23 08 11 �O 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc. with its
permission.
Policy Number : AS2-Z91-471905-030
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I.
II.
II .
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
XVIII.
XIX.
XX.
XXI.
XXII.
XXI I I.
Newly Acquired or Formed Organizations
Employees as Insureds
Lessor -Additional Insured and Loss Payee
Supplementary Payments - Increased Limits
Fellow Employee Coverage
Personal Property of Others
Additional Transportation Expense and Cost to Recover Stolen Auto
Airbag Coverage
Tapes, Records and Discs Coverage
Physical Damage Deductible - Single Deductible
Physical Damage Deductible - Glass
Physical Damage Deductible - Vehicle Tracking System
Duties in Event of Accident, Claim, Suit or Loss
Unintentional Failure to Disclose Hazards
Worldwide Liabiiity Coverage - Hired and Nonowned Autos
Hired Auto Physical Damage
Auto Medical Payments Coverage Increased Limits
Drive Other Car Coverage - Broadened Coverage for Designated Individuals
Rental Reimbursement Coverage
Notice of Cancellation or Nonrenewal
Loan/Lease Payoff Coverage
Limited Mexico Coverage
Waiver of Subrogation
I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS
Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form,
other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent
interest, provided:
A. There is no similar insurance available to that organization;
B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until:
1. The 90th day after you acquire or form the organization; or
2. The end of the policy period,
whichever is earlier; and
C. The coverage does not apply to an "accident" which occurred before you acquired or formed the
organization.
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 1 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
II. EMPLOYEES AS INSUREDS
Paragraph A.7. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended
to add the following:
Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or
borrow in your business or your personal affairs.
III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE
A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages
provided under this section apply to any "leased auto" until the expiration date of this policy or until the
lessor or his or her agent takes possession of the "leased auto" whichever occurs first.
B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY
COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor
of the "leased auto". However, the lessor is an "insured" only for "bodily injury' or "property damage"
resulti�g from the acts or omissions by:
1. You.
2. Any of your "employees" or agents; or
3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with
the permission of any of the above.
C. Loss Payee Clause
1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered
"leased auto".
2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from
fraudulent acts or omissions on your part.
3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any
other party.
D. Cancellation
1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common
Policy Condition.
2. If you cancel the policy, we will maii notice to the lessor.
3. Cancellation ends this agreement.
E. The lessor is not liable for payment of your premiums.
F. For purposes of this endorsement, the following definitions apply:
"Leased auto" means an "auto" which you lease for a period of six months or longerfor use in your business,
including any "temporary substitute" of such "leased auto".
"Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the
covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction.
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 2 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS
Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS �IABILITY COVERAGE are
deleted and replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of
an "accidenY' we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to
$500 a day because of time off from work.
V. FELLOW EMPLOYEE COVERAGE
A. Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply.
B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO
CONDITIONS is changed as follows:
This Fellow Employee Coverage is excess over any other collectible insurance.
VI. PERSONAL PROPERTY OF OTHERS
Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to
add the following:
This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal
property" of your "employees" or others while such property is carried by the covered "auto". The Limit of
Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit
oflnsurance.
For the purpose of this section of this endorsement, "personal property" is defined as any property that is not
used in the individual's trade or business or held for the production or collection of income.
VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO
A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
The amount we will pay is increased to $50 per day and to a maximum limit of $1,000.
B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
If your business is shown in the Declarations as something other than an auto dealership, we will also pay
up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the
place where it is recovered to its usual garaging location.
VIII. AIRBAG COVERAGE
Exclusion 6.3.a. in SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
IX. TAPES, RECORDS AND DISCS COVERAGE
Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following:
a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio,
visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or
data electronic devices:
AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 3 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(1 � Are your property or that of a family member; and
(2) Are in a covered "auto" at the time of "loss".
The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this
coverage.
X. PHYSICAL DAMAGE DEDUCTIBLE - SING�E DEDUCTIBLE
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following:
D. Deductible
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will
be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage
deductible shown in the Declarations does not apply to "loss" caused by fire or lightning.
When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the
involved covered "autos" will be reduced by a single deductible, which will be the largest of all the
deductibles applying to all such covered "autos".
XI. PHYSICAI DAMAGE DEDUCTIBLE —GLASS
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following:
No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it.
XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM
Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add:
Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss"
caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a
global positioning device and that device was the method of recovery of the vehicle.
XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR IOSS
Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to:
a. In the event of "accidenY', claim, "suiP' or "loss", your insurance manager or any other person you designate
must notify us as soon as reasonably possible of such "accidenY', claim, "suit" or "loss". Such notice must
include:
(1) How, when and where the "accidenY' or "loss" occurred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any injured persons and witnesses.
Knowledge of an "accidenY', claim, "suit" or "loss" by your agent, servant or ' employee" shall not be
considered knowledge by you unless you, your insurance manager or any other person you designate has
received notice of the "accidenY', claim, "suiP' or "loss" from your agent, servant or "employee".
b. Additionally, you and any other involved "insured" must:
(1) Assume no obligation, make no payment or incur no expense without our consent, except at the
"insured's" own cost.
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 4 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
(2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received
concerning the claim or "suit".
(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit".
(4) Authorize us to obtain medical records or other pertinent information.
(5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require.
XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following:
Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business
Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage
for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as
reasonably possible after its discovery.
XV. WORLDWIDE LIABI�ITY COVERAGE - HIRED AND NONOWNED AUTOS
Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following:
For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory
means all parts of the world subject to the following provisions:
a. If claim is made or"suit" is brought against an "insured" outside of the United States ofAmerica, its territories
and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate,
negotiate, and settle or defend such claim or "suiY'.
If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or
defend the claim or "suiP' and we will reimburse the "insured" for the expenses reasonably incurred in
connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the
United States of America at the rate of exchange prevailing on the date of reimbursement.
The "insured" shall provide us with such information we shall reasonably request regarding such claim or
"suiY' and its investigation, negotiation, and settlement or defense.
The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not
unreasonably withhold consent.
b. We are not licensed to write insurance outside of the United States of America, its territories or possessions,
Puerto Rico and Canada.
We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose
of complying with the laws of other countries relating to auto insurance.
Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This
insurance does not apply to such fines or penalties.
XVI. HIRED AUTO PHYSICAL DAMAGE
If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos,
the following will apply:
A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private
passenger type hired without an operator for use in your business:
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 5 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
1. The most we will pay for coverage afforded by this endorsement is the lesser of:
a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality;
or
b. The actual cash value of such covered "auto" at the time of the "loss".
2. An adjustment for depreciation and physical condition will be made in determining actual cash value in
the event of a total "loss".
3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the
betterment.
8. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be
reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you
own. If no applicable deductible is shown in the Declarations, the deductible will be $250.
If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos,
this Section XVI of this endorsement does not apply.
C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following:
b. Loss of Use Expenses
For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an
"insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or
hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses
caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for
any covered "auto";
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for any covered "auto"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".
However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900.
XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS
For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the
Declarations if the "insured" was wearing a seat belt at the time of the "accidenY'. This is the maximum amount
we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds",
premiums paid, claims made, or vehicles involved in the "accidenY'.
If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of
this endorsement does not apply.
XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS
A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the
Schedule to this endorsement.
B. SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is amended as follows:
1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by
any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or
her spouse while a resident of the same household except:
AC 84 07 11 17 O 2017 Liberty Mutual Insurance� Page 6 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
a. Any "auto" owned by that individual or by any member of his or her household; or
b. Any "auto" used by that individual or his or her spouse while working in a business of selling,
servicing, repairing or parking "autos".
2. The following is added to Who Is An insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or
her spouse, while a resident of the same household, are "insureds" while using any covered "auto"
described in Paragraph B.1. of this endorsement.
C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as
follows:
The following is added to Who Is An Insured:
Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her
"family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't
own except:
Any "auto" owned by that individual or by any "family member".
D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows:
Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care,
custody or control of any individual named in the Drive Other Car section of the Schedule to this
endorsement or his or her spouse while a resident of the same household except:
1. Any "auto" owned by that individual or by any member of his or her household; or
2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing,
repairing or parking "autos".
E. For purposes of this endorsement, SECTION V- DEFiNITIONS is amended to add the following:
"Family member" means a person related to the individual named in the Drive Other Car section of the
Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's
household, including a ward or foster child.
XIX. RENTAL REIMBURSEMENT COVERAGE
A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay
for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical
damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable
amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage.
B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss"
and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage
limit.
C. Our payment is limited to the lesser of the following amounts:
1. Necessary and actual expenses incurred; or
2. $30 per day with a maximum of $900 in any one period.
AC 84 07 11 77 OO 2017 Liberty Mutual Insurance Page 7 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
D. This coverage does not apply:
1. While there are spare or reserve "autos" available to you for your operations; or
2. If coverage is provided by another endorsement attached to this policy.
E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay
under this coverage only that amount of your rental reimbursement expenses which is not already provided
for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of
the Business Auto Coverage Form or Section VII of this endorsement.
XX. NOTICE OF CANCELLATION OR NONRENEWAL
A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to:
2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the
Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal
Schedule:
a. For reasons of non-payment, the greater of:
(1) 10 days; or
(2) The number of days specified in any other Cancellation Condition attached to this policy; or
b. For reasons other than non-payment, the greater of:
(1) 60days;
(2) The number of days shown in the Cancellation and Non-renewal Schedule; or
(3) The number of days specified in any other Cancellation Condition attached to this policy,
prior to the effective date of the cancellation or non-renewal.
B. All other terms of Paragraph A. of the COMMON POL�CY CONDITIONS, and any amendments thereto,
remain in full force and effect.
XXI. �OAN/LEASE PAYOFF COVERAGE
The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE
COVERAGE:
In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or
declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on
the lease or loan for that covered "auto", less:
1. The amount paid under the PHYSICAI DAMAGE COVERAGE SECTION of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of the "loss";
b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
c. Security deposits not returned by the lessor;
d. Costs for e�ended warranties, Credit Life Insurance, Health, Accident or Disability Insurance
purchased with the loan or lease; and
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 8 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
e. Carry-over balances from previous loans or leases.
This coverage is limited to a maximum of $1,500 for each covered "auto"
XXII.LIMITED MEXICO COVERAGE
WARNING
AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE
UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL
OFFENSE AS WELL AS A CIVIL MATTER.
IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED
BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT
ALL IN MEXICO. YOU SHOUID CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN
INSURANCE COMPANY BEFORE DRIVING INTO MEXICO.
THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES
FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA.
A. Coverage
1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the
following:
The coverage territory is extended to include Mexico but only if all of the following criteria are met:
a. The "accidents" or "loss" occurs within 25 miles of the United States border; and
b. While on a trip into Mexico for 10 days or less.
2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in
SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following:
The insurance provided by this endorsement will be excess over any other collectible insurance.
B. Physical Damage Coverage is amended by the addition of the following:
If a"loss" to a covered "auto" occurs in Mexico, we will pay for such ' loss" in the United States. If the
covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash
value of such "loss" at the nearest United States point where the repairs can be made.
C. Additional Exclusions
The following additional exclusions are added:
This insurance does not apply:
1. If the covered "auto" is not principally garaged and principally used in the United States.
2. To any "insured" who is not a resident of the United States.
XXIII. WAIVER OF SUBROGATION
Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization
where the Named Insured has agreed, by written contract executed prior to the date of "accidenY', to waive
rights of recovery against such person or organization.
AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 9 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Schedule
P -J't-T'iii[�lii1
liability
Physical Damage
Total Premium
XVIII. Drive Other Car LIAB MP UM UIM
Name of Individual
XX. Notice of Cancellation or Nonrenewal
Name and Address
COMP COLL
Number of Days
AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 10 of 10
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, but this waiverapplies only with respect
to bodily injury arising out of the operations described in the Schedule where you are required by a written contract
to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
L ( ) Specific Waiver
Name of person or organization
Schedule
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations:
All Texas operations
3. Premium:
The premium charge
connection with work
described.
4. Advance Premium:
for this endorsement shall be 2.0 percent of the premium developed on payroll in
performed for the above person(s) or organization(s) arising out of the operations
Issued by Liberry Mulual Fire insurance Company16586
For atlachment to Policy No.WC2-291•471905A�0 E(fec6ve Date Premium $
Issuedto BeanElectrical,lnc.
WC 42 03 04 B OO Copyr'ght 2014 Nalional Council on Compensation Insurence, Inc.
Ed. O6lOt12014 All Rights Reserved,
Page 1 of 1
oonoo-i
GENBRAL CONDITIONS
Page 1 of I
1
2
3 PART1- GENERAL
SECTION 00 �2 00
GENERAL CONDITIONS
4 1.1 FORM OF GENERAL CONDITIONS
5 A. The General Conditions of this Contract is the Engineers Joint Contract Documents
6 Committee (EJCDC) Document C-700 "Standard General Conditions of the
9 Conshuction ContracY', 2007 Edition, hereinafter referred to as the "General
8 Conditions" and is attached following this page.
9 1.2 RELATED SECTIONS
10 A. Section 00 73 00 — Supplementary Conditions
11 1.3 SUPPLEMENTARY CONDITIONS
12 A. Refer to Document 00 73 00 for ameudments to these General Conditions
13 PART 2- PRODUCTS — NOT USED
14 PART 3- �XECUTION — NOT USED
15
�ND OP DOCUMENT
Logan Square, Phnse 1
Ciry�ProjectNo. 102077
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Article 1— Definitions and Terminology ..............................................................................
1.01 Defined Terms ...................................................................................................
1.02 Termino(ogy ......................................................................................................
Article2 — Preliminary Matters .............................................................................................
2.01 Delivery of Bonds and Evidence of Insurance .................................................
2.02 Copies of Documents ........................................................................................
2.03 Commencement of Contract Times; Notice to Proceed ...................................
2.04 Startingthe Work ..............................................................................................
2.05 Before Starting Construction ............................................................................
2.06 Preconstruction Conference; Designation of Authorized Representatives......
2.07 Initial Acceptance of Schedules ........................................................................
Page
..........................1
..........................1
.......................... 5
.......................... 6
.......................... 6
.......................... 6
.......................... 6
.......................... 7
.......................... 7
.......................... 7
.......................... 7
Article 3— Contract Documents: Intent, Amending, Reuse ...............................................................
3.01 Intent .................................................................................................................................
3.02 Reference Standards .........................................................................................................
3.03 Reporting and Resolving Discrepancies ..........................................................................
3.04 Amending and Supplementing Contract Documents ......................................................
3.05 Reuse of Documents ........................................................................................................
3.06 Electronic Data .................................................................................................................
............ 8
............ 8
............ 8
............ 9
............ 9
..........10
..........10
Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ........................................................................................................... l l
4.01 Availability of Lands ...................................................................................................................11
4.02 Subsurface and Physical Conditions ...........................................................................................11
4.03 Differing Subsurface or Physical Conditions .............................................................................12
4.04 Underground Facilities ................................................................................................................13
4.05 Reference Points ..........................................................................................................................14
4.06 Hazardous Environmental Condition at Site ..............................................................................14
Article5— Bonds and Insurance ......................................................................................................................16
5.01 Performance, Payment, and Other Bonds ...................................................................................16
5.02 Licensed Sureties and [nsurers ....................................................................................................16
5.03 Certificates of Insurance .............................................................................................................17
5.04 Contractor's Insurance ................................................................................................................17
5.05 Owner's Liability Insurance ........................................................................................................19
5.06 Property Insurance .......................................................................................................................19
5.07 Waiver of Rights .........................................................................................................................20
5.08 Receipt and Application of Insurance Proceeds .........................................................................21
EJCDC C-700 Stxndxrd Generai Conditions of the Conslrucfion CoNrxct
Copyrighf � 2007 Nafional Saciety of Professional Engineers for GJCUC. All rights reserved.
Paee�
5.09 Acceptance of Bonds and Insurance; Option to Replace ...........................................................21
5.10 Partial Utilization, Acknowledgment of Property Insurer ..........................................................22
Article 6 - Contractor's Responsibilities ........................................................................................................22
6.01 Supeivision and Superintendence ...............................................................................................22
6.02 Labor; Working Hours ................................................................................................................22
6.03 Services, Materials, and Equipment ...........................................................................................22
6.04 Progress Schedule .......................................................................................................................23
6.05 Substitutes and "Or-Equals" .......................................................................................................23
6.06 Concerning Subcontractors, Suppliers, and Others ....................................................................25
6.07 Patent Fees and Royalties ...........................................................................................................27
6.08 Permits .........................................................................................................................................27
6.09 Laws and Regulations .................................................................................................................28
6.10 Taxes ...........................................................................................................................................28
6.11 Use of Site and Other Areas ........................................................................................................28
6.12 Record Documents ......................................................................................................................29
6.13 Safety and Protection ..................................................................................................................29
6.14 Safety Representative ..................................................................................................................30
6.15 Hazard Communication Programs ..............................................................................................30
6.16 Emergencies ................................................................................................................................30
6.17 Shop Drawings and Samples ......................................................................................................31
6.18 Continuing the Work ...................................................................................................................32
619 Contractor's General Warranty and Guarantee ..........................................................................33
6.20 Indemnification ........................................................................................................................... 33
6.21 Delegation of Professional Design Services ...............................................................................34
Article'1- Other Work at the Site ...................................................................................................................35
7.01 RelatedWorkatSite ...................................................................................................................35
7.02 Coordination ................................................................................................................................35
7.03 Legal Relationships .....................................................................................................................36
Article8 - Owner's Responsibilities ...............................................................................................................36
8.01 Communications to Contractor ...................................................................................................36
8.02 Replacement of Engineer ............................................................................................................36
8.03 FurnishData ................................................................................................................................36
8.04 Pay When Due .............................................................................................................................36
8.05 Lands and Easements; Reports and Tests ...................................................................................36
8.06 Insurance ...................................................................................................................................... 36
8.07 Change Orders ............................................................................................................................. 37
8.08 Inspections, Tests, and Approvals ..............................................................................................37
8.09 Limitations on Owner's Responsibilities ...................................................................................37
8.10 Undisclosed Hazardous Environmental Condition ....................................................................37
8.11 Evidence of Financial Arrangements ..........................................................................................37
8.12 Compliance with Safety Program ...............................................................................................37
Article 9- Engineer's Status During Construction ......................................................................................... 37
9.01 Owner's Representative ..............................................................................................................37
ESCDC C-700 Stxndnrd Ga�ernl Conditions of the Construcfion Conirxct
Copyright � 2007 Nnfimwl Socicty of Prafessional Engincers for EJCDC. All righis reserved.
Pnee ii
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
910
Visitsto Site ................................................................................................................................37
ProjectRepresentative .................................................................................................................38
AuthorizedVariations in Work ..................................................................................................38
RejectingDefective Work ...........................................................................................................38
Shop Drawings, Change Orders and Payments ..........................................................................39
Determinations for Unit Price Work ..........................................................................................39
Decisions on Requirements of Contract Documents and Acceptability of Work .....................39
Limitations on Engineer's Authority and Responsibilities ........................................................39
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 Wock ............................................................................................41
10.03 Execution of Change Orders .......................................................................................................41
10.04 Notification to Surety ..................................................................................................................41
10.05 Claims ..........................................................................................................................................41
Article 11- Cost of the Work; Allowances; Unit Price Work .......................................................................42
11.01 Costofthe Work .........................................................................................................................42
11.02 Allowances ..................................................................................................................................45
11.03 Unit Price Work ..........................................................................................................................45
Article 12 - Change of Contcact Price; Change of Contract Times ...............................................................46
12.01 Change of Contract Price ............................................................................................................46
12.02 Change of Contract Times ..........................................................................................................47
12.03 Delays ..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......................48
13.01 Notice of Defects .........................................................................................................................48
13.02 Access to Work ...........................................................................................................................48
13.03 Tests and Inspections ..................................................................................................................49
13.04 Uncovering Work ........................................................................................................................49
13.05 Owner May Stop the Work ......................................................................................................... 50
13.06 Correction or Removal of Defective Work ................................................................................50
13.07 CorrectionPeriod ........................................................................................................................50
13.08 Acceptance of Defective Work ...................................................................................................51
13.09 Owner May Correct Defective Work .........................................................................................52
Article 14 - Payments to Contractor and Completion ................
14.01 Schedule of Values ..................................................
14.02 Progress Payments ..................................................
14.03 Contractor's Warranty of Title ................................
14.04 Substantial Completion ...........................................
14.05 PartialUtilization ....................................................
14.06 FinalInspection .......................................................
14.07 Final Payment ..........................................................
14.08 Final Completion Delayed ......................................
.................................................................... 52
.................................................................... 5 2
.................................................................... 52
.................................................................... 5 5
.................................................................... 5 5
.................................................................... 56
.................................................................... 57
.................................................................... 57
.................................................................... 5 8
EJCDC C-700 SfandnrJ Genernl Condilions of the Conshuction Contrnct
Copyright � 2007 NaHonxl Socie�y af Professionxl Engincers for EJCDC. All righfs reserved.
Px¢e iii
14.09 WaiveroFClaims ........................................................................................................................58
Article 15 — Suspension of Work and Termination ........................................................................................59
15.01 Owner May Suspend Work .........................................................................................................59
15.02 Owner May Terminate for Cause ............................................................................................... 59
15.03 Owner May Terminate For Convenience ...................................................................................60
15.04 Contractor May Stop Woek or Terminate ...................................................................................60
Article16 — Dispute Resolution ...................................................................................................................... 61
16.01 Methods and Procedures .............................................................................................................61
Article17 — Miscellaneous ..............................................................................................................................61
17.01 GivingNotice ..............................................................................................................................61
17.02 Computation of Times ................................................................................................................62
17.03 CumulativeRemedies .................................................................................................................62
17.04 Survival of Obligations ...............................................................................................................62
17.05 ControllingLaw ..........................................................................................................................62
17.06 Headings ......................................................................................................................................62
BJCDC C-700 Standard Generxl ConJifions of the Conshuctlon Contrnct
Copyrigh[ � 2007 Nxtionxl Society of Professional Engineers for ESCDC. Ail rights reserved.
Pnee iv
ARTICL� 1— DEFINITIONS AND TERMINOLOGY
1.0] DefinedTerms
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
boYh the singular and plural thereo£ In addition to terms specifically defined, terms with iniYial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or Foims.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between Owner and
Contractor covering the Wark.
3. Application for Payment—The form acceptable to Engineer which is to be used by Conh•actor
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 individuai or entity who submits a Bid directly to Owner.
7. Brdding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements—The advertisement or invitation to bid, InstrucYions 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 afrer 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 parry is not a Claim.
11. Conh^act—The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
EJCDC C-700 Slnndxrd General Conditions of thc Consfrucfion Conhxct
Copyrighf � 2007 Nnfionxl Society of Professionnl Cngineers Sor EJCOC. All righfs reserved.
Pxee 1 of62
12. Contract Documents—Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Con[ract 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 Worl<).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement—The date indicated in Yhe Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
19. Engineer—The individual or entity named as such in the Agreement.
20. Field Order—A written order issued by Engineer which requires minor changes in the Worl<
but which does not invoive a change in the Contract Price or the Contract Times.
21. General Requiremettts—Sections of Division 1 of the Specifications.
22. Hazardous Environmental Conditiorz—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Haaardous 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 havingjurisdiction.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
CJCDC CJ00 SlxnJard Genernl Conditions of the Consfruction ContrnM
Copyright � 2007 Nflfionnl Society of Professionxl Engincers for EJCDC. All righ�s rescrved.
27. Notzce of Award—The written notice by Owner Yo the Successful Bidder staYing 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. Prog,ress Schedarle—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 ConYract 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 Yhe table(s) of contents.
35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be
assigned to the Site or any paM 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
constiuction activities.
39. Scheclule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
EJCDC C-700 Stnndxrd Generxl Conditions of the Conshuction Contract
Copyright� 2007 Nnfionxl Society of Professionnl Engineers for EJCDC. All rights reserveJ.
Pa¢e 3 of 62
40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon
which the Work is to be performed, including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specrfications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Sz�bstantial Completion—The time at which the Work (or a specified part thereo� has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereo� is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereofl can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially completed" as applied to all or part of
the W ork refer to Substantial Completion thereof.
45. Successful Bidcler—The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
50. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
furnishing, installing, and incorporating all materials and equipment into such construction,
all as required by Yhe ContracY Documents.
51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
GJCDC C-700 Sfnndard General Condifions of ihe Construction Confract
Copyright 0 2007 Nnfionxl Saciety of Professionxl Cngineers far ESCDC. All rig6ts reserveA.
Pxee 4 of 62
addition, deletion, or revision in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence thatthe paMies expect thatthe 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:
The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective.�
1. The word "defective," when modifying the word "Worlc," refers to Work that is
unsatisfactory, faulty, or deficient in Yhat it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
EJCDC C-700 Sfnndard General Conditions of the Cm�strncfion Contrnct
Copyright � 2007 Nalionxl Society of Professionxl Gngineers for GJCDC. All righfs reserved.
Pxec 5 of 62
E. Furnish, Install, Perform, ProvicJe.•
1. The word "furnish," when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials, or equipment to the Site (or some other
specified location) ready for use or installation and in usable or operable condition.
2. The word "install," when used in connection with seivices, materials, or equipment, shall
mean to put into use or place in final position said services, materials, or equipment complete
and ready for intended use.
3. The words "perform" or "provide," when used in connection with seivices, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. When "furnish," "install," "perform," or "provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"
is implied.
F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Eviclence oflnsurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or any
additional insured may reasonably request) which Contractor and Owner respectively are
required to purchase and maintain in accordance with Article 5.
2.02 Copies of DocumenCs
A. Owner shall fumish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thiMieth day afrer the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
CJCDC CJ00 Standnrd Generni Con�iitions of �hc Consfrucfion Conlracf
Copyright 0 2007 Nnfionnl Society of Professionnl Engineers fm• EJCDC. All rights reserved.
2.04
2.05
Star•ting the Wark
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.
Before Starting Constrzrction
A. Preliminary Schedules: Within ]0 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
1. a preliminaiy Progress
and completing the ve
Contract Documents;
Schedule indicating the times (numbers of days or dates) for starting
•ious stages of the Work, including any Milestones specified in the
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of
items which when added together equal the Contract Price and subdivides the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work.
2.06
2.07
Preconstruction Conference; Designatron ofAuthorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties as
to the Work and to discuss the schedules referred to in Paragraph 2.OS.A, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
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 compleYion within the Contract Times. Such acceptance will not impose on
EJCDC C-700 Stnndard Generfll Condifim�s of Ihe Conslrucfion Contrsct
Copyright � 2007 Nntional Society of Professiannl Engineers for EJCDC. All righls reserved.
Pxee 7 of 62
Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the inYent of the Contract Documents to describe a funcYionally complete project (or part
thereo� 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 ar from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner.
C. Clarifications and interpretations of the Conh•act Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, speciiication, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
EJCDC C-700 Sfnndnrd General Con�itions of ihe Conslruction Contracl
Copyright � 2007 Nntio�wl Soeicty of Pro@ssionnl Engineers for EJCDC. All righls reserved.
Paec S of 62
3.03 Reportrng and Resolving Discrepancies
A. Reporting Discrepancres:
Contractor's Review of Condract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Conri•act Documents and
checic 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 c(arification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Conlract Doczrments During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepattcies:
1. Except as may be othettivise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and 5upplementrng Cotttract Doczrments
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the tei7ns and conditions thereof by either a Change Order or a Work
Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more of the following ways:
CJCDC C-700 SlxnJnrd General Conditions of ihe Construction Contrxct
Copyright 0 2007 Nxtlonal Society of Pro@ssionxl Engineers for CJCDC. All righfs reserved.
PxYe 9 of 62
1. A Field Order;
Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Ret�se ofDocuments
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereofl prepared by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otheitivise 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 pairty. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If thece is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day
acceptance period will be corrected by the transferring parry.
C. When transferring documents in electronic media forrrtat, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware differing
from those used by the data's creator.
EJCllC C-700 Sinndard Genernl Canditions of the Consirucfian Contrnct
Copyright O 2007 Nxtlonnl Society of Professionxl Gngineers for EJCDC. All righfs reserved.
Pxee 10 of62
ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01
4.02
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 ContracYor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall fumish 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 necessaiy for giving notice of or 61ing a mechanic's or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
Subsurface and Physical Condrtions
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 Conlractor on Technical Data Az�thorizecl 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 Supplementaiy
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
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.
GJCDC C-700 Sfandard Generxl ConJitions of fhe ConstrucNon Contrnct
Copyright� 2007 Nationnl Socicty of Professionnl Cnginccrs for �JCOC. All rights reserveJ.
4.03 D�errng Subsurface or Physical Cottditions
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 entiYled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 616.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:
L 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, perfoimance of the Worlc, subject,
however, to the following:
a. such condition must meet any one or more of the categories described in Paragraph
4.03.A;and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price ar Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
EJCDC C-700 StanJnrd Generxl Conditions of ihe Construcfion Confrnct
Copyright �02007 Nntionxl Socicry of Professionnl Engineers for GJCDC. All rights reserved.
Pxee l2 of 62
contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such 6nal commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indreated.• 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 Undeiground 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 616.A), identify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
GJCDC C-700 SfandxrJ Cenerxl Conditions of thc Canstructlon Contrncf
Copyright � 2007 Nnfim�al Society of Professional Engineers for EJCDC. All righfs reserved.
Pxee 13 of62
consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Conh•act Times, or both, Yo the
extent that they are attributable to the exisYence or ]ocaYion of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have been
expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price
or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
4.05 Reference Pornts
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 pcotect and preseive the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall repoit to Engineer whenever any reference point or
property monument is lost or destroyed or requires relocation because of necessaiy changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualiiied personnel.
4.06 Hazardous Environmental Condrtion at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Con[r'actor on Technical Data Authorized.• ContracYor may rely upon the
accuracy of the "technical data" contained in such repoits and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the compteteness 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 fi•om any "technical data" or any such
other data, interpretations, opinions or infoimation.
CJCDC C-700 Sfnndard Gencrnl Condifions of N�e Conshvcfion Contrnct
Copyright � 2007 NaHonnl Sociefy of Professionxi Cngineers for EJCDC. All righfs rescrved.
Paee 14 oC62
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was noY shown or indicaYed 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 oYherwise isolate such condiYion; (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 expeit to evaluate such condition or take corrective action, if any. Promptly
after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
timely obtain required permits and provide Contractor the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work; or (ii) specifying any special conditions under
which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement
to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to
be resumed by Contractor, either party may make a Claim thecefor as provided in Paragraph
10.05.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted fi•om the Work. If Owner and Contractor cannot agree as to entitlement to
or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all couit 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 Specifcations 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 individuaPs or entiYy's own negligence.
EJCDC C-700 Stxndard Genernl Conditions of fhc Conshucfian Conhnct
Copyrighf 0 2007 Nafionnl Society of Professional Engineers for �JCDC. All rights reserved.
H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the of6cers, directors, members, paitners, employees, agents,
consultants, and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all coutt or arbitration or oYher dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition created by Contractor or by anyone for
whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5— BONDS AND INSURANCE
SA1 Performance, Payment, ancl0therBonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor's
obligations under the Contract Documents. These bonds shal] remain in effect until one year after
the date when final payment becomes due or until completion of the correction period specified
in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or
by the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasuiy. All bonds signed
by an agent or attorney-in-fact must be accompanied by a certified copy of that individuaPs
authority to bind the surety. The evidence of authority shall show that it is effective on the date
the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any par[ of the Project is located or it ceases
to meet the requirements of Paragraph S.OI.B, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event giving rise to such notification, provide another
bond and surety, both of which shall comply with the requirements of Paragraphs S.O1.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance
policies for the limits and coverages so required. Such surety and insurance companies shall also
EJCDC C-700 Standard Gaierni Condifions of fhe Canshuction Contract
Copyright � 2007 NnHonxl Society of Pro@ssional R.ngineers for CJCDC. All righis reserved.
meet such additional requirements and qualifications as may be provided in the Supplementaiy
Conditions.
5.03 Cert�catesoflnszmance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee
identified in the Supplementairy Conditions, cetrtificaYes of insurance (and other evidence of
insurance requested by Owner or any other additional insured) which Contractor is required to
purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, ceitificates of insurance (and other evidence of
insurance requested by Contractor or any other additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such cei4ificates or other evidence of Contractor's fuil compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain
suchinsurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liability under the indemnities granted to Owner in the Contract Documents.
5.04 Coniractor's Ittsurance
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 liabie:
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:
I�.JCDC C-700 SfnnJnrd G¢ncrnl Con�iifions of the Construchon Conirnct
Copyright � 2009 Nafional Society of Professiannl Engineers for EJCDC. Ail rights reserved.
Pnee 17 of 62
a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shalL•
with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, inc(ude as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementaiy 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 Contcactor and to each other additional insured identified in the Supplementaiy
Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when ConYractor may
be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;
and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
EJCDC G700 Sinndard Gencrnl Conditions af the Conshuctlon Conhxct
Copyright� 2007 Nafionnl Society of Professionnl F,ngineers for EJCDC. All rights reserved.
Pxee 18 of 62
5.05 Chvner'sLiabilitylnsurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,
water damage (other than that caused by flood), and such other perils or causes of loss as may
be specifically required by the Supplementary Conditions.
3. include expenses incutred in the repair or replacement of any insured property (including but
not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to
whom a certificate of insurance has been issued.
B. Owner shatl purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
EJCDC C-700 Slxndnrd Gencral Cm�difions of tl�e ConsMucfion Contract
Copyrighl � 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved.
Paee i9 of 62
members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. AIl the policies of insurance (and the certificates or other evidence thereofl required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
5.07 Waiver of Righis
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, paitners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting fi•om any of the perils or causes of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the ofiicers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
GJCDC C-700 Standnrd Genernl ConJifions of the ConsfrucNon Conhact
Copyright� 2007 Nnfionxl Society of Professionni Cngineers for GJCDC. All righfs reserved.
Pxee 20 of 62
1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any properry 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 pursuantto 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 of6cers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurattce Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. If no other special agreement is reached,
the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereo£, and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shal( have power to adjust and settle any loss with the insurers unless one of
the paities in interest shall object in writing within 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any party in interest,
Owner as fiduciary shall give bond for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds or insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party
shall so notify the other party in writing within ] 0 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.O1.B. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may
reasonably request. If either party does not purchase or maintain all of the bonds and insurance
required of such party by the Contract Documents, such party shall notify the other party in
writing oF such failuce to purchase prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without prejudice to any other right or remedy, the
other party may elect to obtain equivalent bonds or insurance to protect such other party's
EJCDC G700 Standnrd Generxl Conditim�s of �he Construcfion Conhxct
Copyright� 2007 Nntionxl Society of Professionai Engineers for fiJCUC. All rights reserved.
Pnee 2I of 62
interests at the expense of the party who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
5.10 Partral Utilization, Acknowleclgment of Property Insurer
A. If Owner finds it necessary to occupy or use a potrtion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected any changes in coverage necessitated
thereby. The insurers providing the propet�ty insurance
policy or policies, but the property insurance shall not
account of any such partial use or occupancy.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6A 1 Supervision and Superintendence
shall consent by endorsement on the
be canceled or permitted to lapse on
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Workrng Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the
Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at
the Site shall be performed during regular working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, constivction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
EJCDC C-700 Standnrd Cencrnl Conditions of Ihe ConsirucHm� Contrnct
Copyright � 2007 Nntlonal Society of I'rofessionnl Cngineers for 6JCDC. All rights reserved.
B. All materials and equipment incorporated into the Work shalt be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,
used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except
as otherwise may be provided in the Contract Documents.
6.04 Progress Scheda�le
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
6.05 Substitzttes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and qualiry required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equal" item or no substitution is permitted, other items of material or equipment or
material or equipment of other Suppliers may be submitted to Engineer for review under the
circumstances described below.
"Or-Equal" Items.• If in Engineer's sole discretion an item of material or equipment proposed
by Contractor is functionally equal Yo that named and sufficiently similar so Yhat no change in
related Work will be required, it may be considered by Engineer as an "or-equal" item, in
which case review and approval of the proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
EJCDC C-700 Stxndxrd General Conditions of the Consfructlon Contrxcl
Copyright� 2007 Nntionai Socicty of Professionnl �ngineers for CJCOC. All rights rescrveJ.
Pnee 23 of 62
2) it wilt reliably perform at least equally well the funcfion and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor cei2ifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substrtz�te Items:
a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor
does not qualify as an"or-equal" item under Paragraph 6.OS.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
a The requirements for review by Engineer will be as set forth in Paragraph 6.OS.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
d. Contractor shall make written application to Engineer for review of a proposed substitute
item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed subsYiYute item wi1L•
a) perform adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited Yo the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
EJCDC C-700 Standard Gencrnl Conditions of t6e Constructlon Contract
Copyrighf 02007 Nafionnl Snciety of Professional Enginecrs for GJCDC. All rights reserved.
Pxee 24 of 62
c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Cortstruction Methods or Procedures: If a specific means, meYhod, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that the substituYe �roposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.OS.A.2.
C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. Engineer may require
Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole
judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until
Engineer's review is complete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an "or equal:' Engineer will advise Contractor in
writing of any negative determination.
D. Special Guararztee: Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall
reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for
making changes in the Contract Documents (or in the provisions of any other direct contract with
Owner) resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in suppoit of any proposed substitute or
`br-equaP' at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
CSCDC C-700 Standard Generxl Conditions af fhe Consfrucfion Coniract
Copyrig6t � 2007 National Sociery of Professionxl Cngincers for lJCDC. All righ�s reserved.
required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a
specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list
thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing
or by failing to make written objection thereto by the date indicated for acceptance or objection in
the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
imestigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price wiil be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor,
Supplier or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents far the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
EJCDC C-900 Standnrd General Cm�difions of H�e Construction Conhxct
Copyright� 2007 Nntionnl Sociery of Professionxl Engioeers for EJCDC. Ali rights reserved.
Paee 26 of 62
Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, paitners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product, or device is specified in the Contract Documents for use in
the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the perforrrtance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or device
specified in the Contract Documents, but not identified as being subject to payment of any license
fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent peimitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,
if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
EJCDC C-700 Sixndard Generxl Conditions of the Cansfrucfion Conirxct
Copyright � 2007 Nafionnl Society of Professionnl Engineers for CJCDC. All rights reserved.
Psee 27 of62
6.09 Laws and Regtrlations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the pei�formance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shal] not relieve Contractor of
Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Sfte and Other Areas
A. Limitation on Use ofSite and OtherAreas:
Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting fi•om the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the
Work, Contractor shall promptly settle with such other party by negotiaYion or otherwise
resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable, brought
CJCDC C-700 Sfnndnrd Genernl Conditions of ihe Construction Contract
Copyright 02007 Nxtiminl Society of Professionnl Engineers for EJCDC. All righfs reserved.
by any such owner or occupant against Owner, Engineer, or any other party indemnified
hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debrrs Dtming Performance of the Work: During the progress of the Worlc
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and Yhe
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of
all approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
613 Safety and Protection
A. Contractor shall be solely responsible far initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the SiYe; 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 Yo the safery of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
EJCDC C-700 Sfnndnrd General Conditions of the Consfrucfion ConMact
Copyrightm 2007 Nxtlonal Socicty of Professionxl Enginecrs for EJCDC. All rights reserveJ.
Pa¢e 29 af 62
shall erect and maintain al( necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent properiy 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 app(icable requirements of Owner's safety programs, if any.
The Supplementary Conditions identify any Owner's safety programs that are applicable to the
Work.
D. Contractor shall inform Owner and Engineer of the specific cequirements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, shall be remedied by Contractor (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions
of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or
indirectly employed by any of them).
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of accidents and the maintaining and
supervising of safety precautions and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or
other hazard communication information required to be made available to or exchanged between
or among employers at the Site in accordance with Laws or Regulations.
616 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or properiy at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereo£ If Engineer determines that a change in the Contract Documents is
EJCDC C-700 Standxrd Genernl Condifions of fhe Construcfion Contrncf
Copyright� 2007 Nntionnl Socicty of Professional Enginccrs for CJCDC. All rights reserved.
Paec 30 of 62
required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawing.s:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to show
Engineer the setvices, materials, and equipment Contractor proposes to provide and to
enable Engineer to review the information for the limited purposes required by Paragraph
6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to Engineer's review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sampie, Contractor shall have:
a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
d. determined and verified all information relative to Contractor's responsibilities for
means, methods, techniques, sequences, and procedures of construction, and safety
precautions and programsincidentthereto.
GJCDC C-700 Sfnndard Gencrnl Conditions of fhe Construcfion Coniract
Copyright m 2007 Nxtlonnl Society oTProfessionai Engincers for GJCDC. All righis reserved.
Pnee 31 of62
2. Each submittal shall bear a stamp or specific written ceitification that Contractor has satisfied
Conh•actor's obligations under the Contract Documents with respect to Contractor's review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract
Documents. This notice shall be both a written communication separate from the Shop
Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review and approval of each such variation.
D. Engineer's Review:
Engineer will provide timely review of Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineec's review and approval shall not relieve Contractar from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
1. Contractor shall malce corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
EJCDC C-700 Sfxndnrd Generxl Conditions of Ihe ConshucHon Confrnct
Copyright� 2007 Nafianxl Society ofProfessional Engineers for EJCDC. All rig6ts reserved.
Paec 32 of 62
6.19 Conlractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Conh•act Documents and will not be defective. Engineer and its officers, directors, membecs,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranty and guarantee.
B. Contractor's warcanty and guarantee hereunder excludes defects or damage caused by:
1, abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an accepYance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1, observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemn�cation
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is
attributable to bodily injury, siclmess, disease, or death, or to injury to or destruction of tangible
propeMy (other than the Work itsel fl, including the loss of use resulting therefrom but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any individual or entity directly or indirectly employed by any of them to pei%rm any of the
Work or anvone for whose acts anv of them mav be liable .
F.JCDC C-700 Stnndxrd Genernl Conditions of tl�e Construcfion Contrnct
Copyright � 2007 NnHonnl Society of Professionxl Engineers for EJCUC. All rights reserved.
B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the sutvivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer's officers, directors, members, paitners, employees, agents,
consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professronal 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 Wark or unless such services
are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures. Contractor shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certiiications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
ceitifications, Shop Drawings and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others, shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Owner
and Engineer have specified to Contractor all performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittats (except
design calculations and design drawings) will be only for the purpose stated in Paragraph
6.17.D.1.
EJCDC C-700 StxnJnrd General ConJifions of thc Construction Contrncf
Copyrighf � 2007 Nationnl Socicty of Professionnl Gngineers far EJCDC. All righls reserved.
Pxee3J of62
E. ContracCor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7— OTH�R 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 worl< 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 worlc; 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 pairty to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be af£ected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Conh•actor'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 pet�formance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
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.
CJCDC C-700 Sinndnrd Genernl Conditions of the CansMucfion Contrxct
Copyright � 2007 Nafionxl Sociely ot Professionnl Engineers for EJCDC. All rights rescrveJ.
Pnee 35 of62
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
Contractor's wrongful action or inactions.
ARTICLE 8 — OWNER'S RESPONSIBILITIES
8.01 Communicadons to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor malces 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 YVhen Due
A. Owner shall 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 explorations and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Instrrance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and propeiTy
insurance are set forth in Aiticle 5.
EJCDC C-700 StandxrJ Genernl Conditions of the Construction Cmtlrnct
Copyright � 2007 Nnfionnl Society of Professionnl Enginccrs for EJCDC. All rights rese�ved.
Paee 36 of 62
8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph ] 0.03.
8.08 Inspections, Tests, andApprovals
A. Owner's responsibiliry with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limttations on O�mer's Responsibilities
A. The Owner shall not supetvise, 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 prog•ams incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
810 Undrsc[osed Hazardous Environmetttal Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Emironmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Frnattcial Arrangemettts
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of
Contractor's executed Work. Based on information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will not be required to make exhaustive or
EJCDC C-700 SfandarJ General Conditions of the Consiruchon Confrnct
Copyright� 2007 Nnfionnl Society af Professionnl Cngineers for EJCDC. AII rights reserve�.
Pa¢e 37 of 62
continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts
will be directed toward providing for Owner a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On the basis of such visiYs 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 wiYhout limitation, during or as a result
of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Varratrons fn Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require
special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
EJCDC C-700 StflnJxrd General Conditions of the Conshuction Contracl
Copyright � 2007 Nafionxl Society of Pro@ssionnl Engineers for CJCOC. All rights reserved.
9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and fimitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection wiYh Engineer's authority as Yo 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 quantiYies and classifications of UniY Price Work performed by
Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on
such matters before cendering 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 Documenls and Acceptability of Work
A. Engineer will be the initial interpreter oF the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date
of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.O5.B.
C. Engineer's written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Azrthorzty 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
ESCDC C-700 StxnJnrd General Conditions of the Consfrucfion Conhnct
Copyright � 2007 Nafional Society of Profcssionnl Cngineers for CJCDC. All righfs rescrved.
Paec 39 of 62
exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any dury 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 Conri•act Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, ceitificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
910 Compliance with Safety Prop,ram
A. While at the Site, Engineer's employees and
applicable requirements of Contractor's safety
pursuantto Paragraph 6.13.D.
representatives shall comply with the specific
programs of which Engineer has been informed
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Confiactor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
EJCDC C-700 Stnndxrd Genernl Conditions of the ConsMucfion Conhacf
Copyright� 2007 Nnfionxl Society of Professianal Cngincers for CJCDC. All righfs reservcJ.
10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as
providedin Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
1. changes in the Worlc 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
executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the
Progress Schedule as provided in Paragraph 6.18.A.
10.04 Notifrcatron to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
such change.
]0.05 Claims
A. Engineer's Decision Reguired: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
EJCDC G900 Stxndard General Conditions of the Conshuction Contrnct
Copyright � 2007 Nxtionxl Sacicty of Professional Enginecrs for CJCDC. All rights rescrvc�.
Pnee 41 of 62
shall be delivered to the Engineer and the other party to the Contract within 60 days afrer the stat�t
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.O1.B. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each
Claim shall be accompanied by claimanYs written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and the claimant within 30 days afrer
receipt of the claimanYs 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:
I. 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 futther
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim wiYhin said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph 10.O5.0 or denial pursuant to Paragraphs 10.O5.C3 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 Aiticle 16 within 30 days of such action or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE ll— COST OF TH� 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 ll.O1.B, necessarily incuired 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 wsts shall be in amounts no higher than those prevailing
in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.O1.B, and
shall include only Yhe following items:
ESCDC C-700 S�nndxrd General Conditions of fhe Conshucfion Contrnct
Copyright � 2007 Nafionnl Society of Professionxl Enginecrs for G;JCDC. All rights rescrved.
Pnee 42 of 62
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 inciude, without limitation, superintendenYs, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be appoirtioned 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 fi•inge benefits, which shall
include social security contributions, unemployment, excise, and payroll taxes, workers'
compensation, health and retirement beneflts, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular warking hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by
Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and
equipment shall accrue to Owner, and Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and machinety, 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. Ail such costs shall be in accordance with the terms of
EJCDC C-700 Standard Genernl Conditions of fhe Consirucfion Cm�tract
Copyright � 2007 Nntianxl Society of Professionnl Engincers far EJCDC. All rights reserveJ.
Pnee 43 af 62
said rental agreements. The rental of any such equipment, machineiy, or pa�ts shall cease
when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
£ Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.D), provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any Subcontractor, or anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable. Such losses shall include settlements made with the
written consent and approval of Owner. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petry 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 Ercluded: The term Cost of the Work shall not include any of the following items:
Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph ll.O1.A1 or specifically coveced 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
EJCDC C-700 Sinndxrd Genernl Condifions of fhe Construcfion Coniract
Copyrighl � 2007 Nafionxl Society of Professiannl Engineers for GJCDC. All righis reserved.
Pnee 44 oP62
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and mal<ing good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expresslyincludedin Paragraphs 11.OI.A.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C.
D. Documentation: Whenever the Cost of the Work for any puipose 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 Al[owances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in the
Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Conh•act 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
GJCDC C-700 Sfandard General Conditions of the Consiruction Contrncf
Copyright0 2007 Nxtionnl Society of Professional Engincers for EJCDC. All rights reserved.
the sum of the unit price for each separately identified item of Unit Price Work Cimes the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work pet�formed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2, there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CFIANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party mal<ing the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with Paragraph 12.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 ceached 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 12.01.C).
ESCDC CJ00 Stnndard Generxl Conditions of fhe Construction Contract
Copyrig6f � 2007 Nafionxl Sociery of Prafessionnl Gngineers for ESCDC. All righfs reserved.
Pnee 46 afb2
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 I 1.O1.A.1 and 11.O1.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph I 1.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 A1.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 wsts itemized under Paragraphs 11.O1.A.4,
I1.O1.A.S,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
deduction in Contractor's fee by an amount equal to five percent of such net decrease;
and
f, when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.O1.C.2.a through 12.OI.C.2.e, inclusive.
12.02 Change of Conlract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice submitted by the parry making the Claim to
the Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
CJCDC C-700 StandnrJ Genernl Conditions of the Consfruction Contrflct
Copyrighf � 2007 NaHonnl Society of Professionxi Cngincers for EJCDC. All rights reserved.
Pxee 47 of 62
neglect by Owner, acts or neglect of utility owners or other contractors pei%rming other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within Yhe Contract Times. Such an
adjustment shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants,
or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.O1 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as applicable.
EJCDC C-700 Stnndxrd Generxl Condilions of ihe Construction Contracf
Copyright � 2007 Nxfia�nl Sacicty of Professio�wl Engineers for CJCDC. AII righis reserved.
Pnec 48 of 62
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate requiced
inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratoiy to perform all
inspections, tests, or approvals required by the Contract Documents except:
1. forinspections,tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.B shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereo fl
specifically to be inspected, tested, or approved by an employee or other representative of such
public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsibie for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
the Worlc Such inspections, tests, or approvals shafl be performed by organizations acceptable to
Owner and Engineer.
E. If any Work (or the worl< of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
uncover such Work for obseivation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
otherwise make available for observation, inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material, and equipment.
EJCDC G700 Slnndnrd Genernl ConJifions of thc ConsMucfion Confract
Copyright� 2007 National Socicty of Professionxl Engineers for EJCDC. All rights reserved.
Paec 49 of 62
C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attomeys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any dury on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for, or employee or agent of any of them.
13.06 Correctiott or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or removal (including but not limited
to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
ContracYor shall take no action that would void or otherwise impair Owner's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
EJCDC C-700 Sfnndxrd Generxl Condifions of t6e Construction Con�rnct
Copyright � 2007 Nxfim�nl Society of Pro@ssionxl Enginecrs for EJCDC. NI righis reserved.
Paec 50 of 62
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactori(y 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 ConYractor does not promptly comply with the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. All
ciaims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or repair or such removal and
replacement (including but not limited to all costs of repair or replacement of work of others) will
be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Wark, the correction period for that item may start to run
from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such con•ection or removal
and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all coutrt or
arbitration or other dispute resolution costs) attributable to Owner's evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
ESCDC G700 Sfnndnrd Generxl Conditions of N�e Conshuction Confract
Copyright � 2007 Nafionnl 5ocicty of Prafessionnl Engineers for EJCDC. All rigOts reserved.
Pnee 51 of 62
13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform the Wod< in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, take possession of Contractor's tools, appliances,
constiuction equipment and machinety aY Yhe Site, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,
Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies
under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incoiporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all
costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
ARTICL� 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 5chedule of Valt�es
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days befare the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
EJCDC C-700 Stxndnrd General Conditians of thc Consfruction Contrnct
Copyright� 2007 Nxtlonai 5aciety of Professionnl Engineers for EJCDC. All rig6ts reserved.
Pxee 52 of 62
Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materiais 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, imoice, 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 ofApplicatrons:
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.
Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the
best of Engineer's knowledge, information and belieF.
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to checl< the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to evety aspect of the Work in progress, or
EJCDC C-900 Stnndnrd Generai Conditions of ihe Constructlon Conhnct
Copyright � 2007 Nationxl Saciety of Professional Engineers for EJCDC. Ail rights reserveJ.
Pace 53 of62
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer iu the Contract Documents; or
b. there may not be other matters or issues between the paMies 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 iinal payment, will impose
responsibility on Engineer:
a. to supeivise, 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
pei�formance of the Work, or
d. to make any examination to asceMain 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 rewmmend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
1. Ten days afrer 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.
CJCDC C-700 Sixndard Generxl Condifions of the Construction Conhnct
Copyright � 2007 Nafionxl Society of Professionxl Engineers for CJCDC. All rights reserve�.
Pnec 54 of 62
D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a, claims have been made against Owner on account of Contractor's performance or
furnishing ofthe Work;
b. Liens have been filed in connection with the Work, except where Contractar has
delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of
such Liens;
c. there are other items entitiing Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enutnerated in
Paragraphs 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
adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons
for such action.
3. Upon a subsequent determination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.1 and subject to interest as provided in the Agreement.
14.03 Contractor's Warranry of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing Yhat the entire Work is substantially complete (excepY for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There
shall be attached to the certificate a tentative list of items to be completed or corrected before
EJCDC C-700 StnnJnrd Genernl ConJifions of �he Construcfion Contract
Copyrighf � 2007 Nafionxl Socicty of Professionnl Gngineers far EJCDC. Ail rights reserveJ.
Pnee 55 of62
final payment. Owner shall have seven days afrer 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 shali have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor's performance of the remainder of the Work, subject to the following conditions:
Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees thaY such part of Yhe VJork is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that pait of the Wock.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
EJCDC C-700 Slxndard Genernl Condifions of Ihc Consiructlon Contract
Copyright � 2007 National Society of Professional Engineers far ESCDC. All rights reservnl.
Vaee 56 of62
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 510 regarding property insurance.
14.06 Frnallnspection
A. Upon written notice from Contractor that the entire Wod< or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately talce such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Paymenk
A. Application for Payment �
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 Conri•act Documents, including but not limited to the
evidence ofinsurance required by Paragraph 5.04.B.6;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Confiactor may fumish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any Lien.
B. Engineer's Review ofApplication and Acceplance:
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
CJCDC C-700 Sfandard Generxl Conditions of fhe Constructlon Contrflct
Copyright � 2007 Nxfionxl Sociery of Professianal Engineers for EJCDC. All rights reserved.
Paee 57 of 62
documentation as required by the Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend $nal payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due:
1. Thicty 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, Yhrough no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions goveming 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 wmply 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 aclrnowledged by Owner in writing as
still unsettled.
EJCDC C-700 Sfnndxrd Ceneral Conditions of fhe Construction Con�rxct
Copyright � 2007 Nafionnl 5ociety af Professional Cngineers for EJCDC. All righfs reserved.
Pnec 58 of 62
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in writing to Contractor and Engineer which wili
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 Owtter May Termittate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15A2.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the seivices of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, wsts, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
EJCDC C-700 Sfxndxrd Genernl Conditions of ihe Consfrucfion Conhnct
Copyright m 2007 Nnfional Society of Professionnl Enginccrs for EJCDC. All rights reserveJ.
Pn¢c 59 of 62
so approved by Engineer, incorporated in a Change Order. When exercising any rights or
remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the
Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure
to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph SA1.A, the termination procedures oF that bond shall supersede the provisions of
Paragraphs 15.02.B and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred in settlemenY of terminated contracts wiYh Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.04 Coniractor 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
CJCDC C-700 Sfxndard Genernl Conditions of tl�e Conshuctlon Confrnct
Copyrigh[ O 2007 Nntlonal Society of Professional Engineers for CJCDC. All rights reserved.
Paee 60 of 62
to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Conu•act 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
faited for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an
adjustment in Contract Price or ConYract Times or otherwise for expenses or damage direcYly
attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedzmes
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract Timely submission of the request shall stay the effect of Paragraph 10.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 ] O.OS.0 or a denial
pursuant to Paragraphs 10.O5.C3 or 10.O5.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other parry to submit the Claim to another dispute resolution process; or
gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 1�—NIISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
CJCDC C-700 Stxndard General Condifions of ihe Construction Contract
Copyrig6t � 2007 Nntionnl 5ociety of Professional Cngineers for ESCDC. All righis rese�ved.
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 ceMified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Tzmes
A. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special wareanty 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 dury,
obligation, right, and remedy to which they apply.
17.04 Survival of Ob[igations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in Yhe
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
GJCDC C-700 Sfnndard Gencrnl ConJifim�s of tl�e Construction Con6�nct
Copyrighf � 2007 Nxfiminl Sociery of Professionnl Gngineers for EJCDC. All righis reserved.
Paee 62 of 62
007300-I
SUPPLEMENTARY COND[TIONS
Page I of 2
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
5
6
�
8
9
10
11
12
13
14
15
16
17
S�CTION 00 73 00
SUPPLEMENTARY CONDITIONS
A. These Supplementa�y Conditions amend and supplement the General Conditions
defined in Document 00 72 00 and other provisions of the Contract Documents as
indicated below. The following paragraphs and subparagraphs take precedence over
the General Conditions. All provisions that are not so amended or supplemented
remain in full force and effect.
I:�
C.
D.
As detailed in 1.04 below, these Supplementa�y Conditions modify, change, delete
from or add to the General Conditions and shall apply to each and every Section of the
Work as though written in full therein.
The terms used in these Supplementary Conditions that are defined in the General
Conditions have the meanings assigned to them in the General Conditions.
Paragraph numbers and titles refer to like numbers and titles in the General Conditions.
E. In the event of a conflict between provisions in the Agreement, the General Conditions,
or these Supplementary Conditions, the most restrictive provision shall govern.
I8 1.2 RELATED SECTIONS
19 A. Section 00 52 43 — Developer Awarded Project Agreement.
20 B. Section 00 73 10 — Standard City Conditions of the Construction Contract for
21 Developer Awarded Projects
22 1.3 REFERENCE STANDARDS — NOT USED
23
�
1.4 MODIFICATIONS TO GENERAL CONDITIONS
SC5.08 Add the following paragraphs immediately after Paragraph 5.08.H.:
26 Retainage
27
28
29
30
31
32
33
34
35
36
I. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment no later than the 20�' day of each month during
pe��formance of the Work as provided in Article 12 — Completion in City of Fott Worth
Standard City Conditions — Developer Awarded Projects. All such payments will be
measured by the schedule of values established as provided in Developer Awarded
Projects — Proposal Form (and in the case of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below but, in each case, less the aggregate of
Logan Square, Pl�ase 1
Crry� A�oject No. 102077
0073OD-2
SUPPLEMENTARYCONDITIONS
Page 2 of 2
1 payments previously made and less such amounts as Engineer may determine or
2 Owner may withhold, including but not limited to liquidated damages, in
3 accordance with Article 12 of the City of Fort Worth Standard City Conditions —
4 Developer Awarded Projects.
5 a. 90 percent of Work completed (with the balance being retainage). If the Work
6 has been 50 percent completed as determined by Engineer, and if the character
7 and progress of the Work have been satisfactory to Owner and Engineer, then
8 as long as the character and progress of the Work remain satisfactory to Owner
9 and Engineer, there will be no additional retainage; and
10 b. 90 percent of cost of materials and equipment not incoiporated in the Work
I 1 (with the balance being cetainage).
12 7. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
13 payments to Contractor to 100 percent of the Work completed, less such amounts as
14 Engineer shall determine in accordance with Article 12 of City of Fort Worth Standard
15 City Conditions — Developer Awarded Projects and less 200 percent of Engineer's
16 estimate of the value of Work to be completed or corrected as shown on the tentative
17 list of items to be completed or corrected attached to the certificate of Substantial
18 Completion.
19 PART 2- PRODUCTS - NOT USED
20 PART 3- EXECUTION - NOT US�D
21 END OF DOCUMENT
Logm� Sqimre, Plrnse 1
City Project No. 102097
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OP FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDF•,D PROIECTS
2evised: 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 Terminology .........................................................................................................
Article2 — Preliminary Matters ..........................................................................................................
2.01 Before Starting Construction .........................................................................................
2.02 Preconstruction Conference ...........................................................................................
2.03 Public Meeting ...............................................................................................................
Article 3— Contract Documents and Amending ................................................................................
3.01 Reference Standards ......................................................................................................
3.02 Amending and Supplementing Contract Documents ...................................................
Aiticle 4— Bonds and Insurance ........................................................................................
4.01 Licensed Sureties and Insurers ......................................................................
4.02 Pei�formance, Payment, and Maintenance Bonds .........................................
4.03 Certificates of Insurance ................................................................................
4.04 Contractor's Insurance ...................................................................................
4.05 Acceptance of Bonds and Insurance; Option to Replace ..............................
Article 5 — Contractor's Responsibilities ..........................................................................
5.01 Supervision and Superintendent ...................................................................
5.02 Labor; Working Hours ..................................................................................
5.03 Services, Materials, and Equipment .............................................................
5.04 Project Schedule ............................................................................................
5.05 Substitutes and "Or-Equals" .........................................................................
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractocs).......
5.07 Concerning Subcontractors, Suppliers, and Others .....................................
5.08 Wage Rates ....................................................................................................
5.09 Patent Fees and Royalties .............................................................................
5.10 Laws and Regulations ...................................................................................
5.11 Use of Site and Other Areas .........................................................................
5.12 Record Documents ........................................................................................
5.13 Safety and Protection ....................................................................................
5.14 Safety Representative ...................................................................................
5.15 Hazard Communication Programs ...............................................................
5.16 Submittals ......................................................................................................
5.17 Contractor's General Warranty and Guarantee .............................................
��
......................... 1
.........................1
......................... 5
...6
...6
...6
... 6
..6
..6
..6
............................. 7
............................. 7
............................. 7
............................. 7
............................. 9
...........................12
..................12
..................12
..................13
..................13
..................14
..................14
..................16
..................16
..................18
..................19
..................19
..................19
.................. 20
.................. 21
.................. 21
.................. 22
.................. 22
.................. 23
CITY OF FORT WORTH
STANDARD CITY WNDIT[ONS —DEVELOPER AWARDED P20JECTS
2evised: January 10, 2013
5.18 Indemnification ...........................................................................................................................24
5.19 Delegation of Professional Design Services ..............................................................................24
5.20 Right to Audit : ............................................................................................................................25
5.21 Nondiscrimination .......................................................................................................................25
Article6- Other Work at the Site ...................................................................................................................26
6.01 Related Work at Site ...................................................................................................................26
Article7 - City's Responsibilities ...................................................................................................................26
7.01 Inspections, Tests, and Approvals ..............................................................................................26
7.02 Limitations on City's Responsibilities .......................................................................................26
'7.03 Compliance with Safety Program ...............................................................................................27
Article 8- City's Observation Status During Construction ...........................................................................27
8.01 City's Project Representative .....................................................................................................27
8.02 Authorized Variations in Work ..................................................................................................27
8.03 RejectingDeFective 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 ] 0- 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 CorrectionPeriod ........................................................................................................................30
11.08 CiTy May Correct Defective Work .............................................................................................31
Article12 - Completion ..................................................................................................................................32
12.01 Contractor's Warranty of Title ...................................................................................................32
12.02 PartialUtilization ........................................................................................................................32
12.03 Final Inspection ...........................................................................................................................32
12.04 Final Acceptance .........................................................................................................................33
Article13 - Suspension of Work ....................................................................................................................33
13.01 City May Suspend Work ............................................................................................................33
Article 14 - Miscellaneous .........................................................
14.01 GivingNotice .........................................................
crrr or roRT woxn;
STANDARD CITY CONDTTIONS-DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
........................................................ 34
........................................................ 34
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 — DEVEI,OPE2 AWARDED PROJECTS
Revised: 7anuary IQ 2013
00 �s io- i
Standard City Condilions Of The Conslruction Contract For Developer Awarded Projects
Page I of 35
ARTICLE i— DEFINITIONS AND T�RMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and pluralthereof,
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
capiYalized 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 Safery 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 authorrzed charter on his behalf.
7. Community Facilitres Agreement (CFA) A Contract between the Developer and the Cily
for the Conshzrction of one or more following publrc facilides within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract—The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Conlract sirpersedes prior negotiations, representations, or agreements, whether wratten 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 constrz�etion specifications, standarcl City
Conditions, other general conditions of the Developer, ittcluding.•
a. An Agreement
CITY OF PORT WORTH
STANDA[tD CITY CONDITIONS—DEVELOPE2 AWARDED PROIECTS
Revised: January 10, 2013
00 73 10- 2
Standard City Conditions Of The Construction Contract For Developer Awardetl Projects
Page 2 of 35
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
iii. Prequalification Statement
a Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
e. Payment Bond
£ Performance Bond
g�
h.
J•
k.
l.
m.
n.
o.
P�
9•
Maintenance Bond
Power of Attorney for Bonds
Workers CompensaYion Affidavit
MWBE Commitment Form( If required by City)
General Conditions
Supplementaty Conditions
The Standard City Conditions
Specifications specifically made part of the Contract Documents by attachment
not attached, as incorporated by reference and described in the Table of Contents
the ProjecYs Contract Documents
Drawings
Documentation submitted by contractor prior to Notice of Award.
The following which may be delivered or issued afrer the effective date if
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
if
of
the
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 wrth whom Developer has entered into the Agreement.
11. Day or day — A day, unless otherwise defrned, shall mean a Calendar Day.
12. Developer — An rndrvidual or entity that desires to mahe certain improvements within the
Ciry of Fort Worth
13. Drawings—That part of the Conlract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Sa�bmrttals are not Drawzngs as so defrned.
14. Engtneer—The licensedprofessronal engineer or engineeringfrrm registered in the State of
Texas performing professional services for the Developer.
15. Final Acceptance — The written notice grven by the City to the Developer and/or Contractor
that the Work spec�ed in the Contract Documents has been completed to the satisfaction of
the Ciry.
CITY OF FORT WORTH
S1'ANDARD C[TY CONDITIONS — DEVELOPER A WARDED PROJECTS
Revised: January 10, 2013
oa �s ia- s
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
16. Final Inspection — Ihspection carried out by the City to ver� that the Contractor has
completed the Work, and each attcl every part or appzrrtenance thereof, firlly, entirely, and in
conformance with the Contract Doeuments.
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, regzrlations, ordittances, codes,
and orders of any ancl all governmental bodies, agencies, authorities, and courts having
jtrrisciiction.
19. Liens—Charges, securrty interests, or encz�mbrances upon Project funds, real property, or
personal property.
20. Milesto�e A principal event specified in the Contract Documents relating to an
itttermec�iate Contract Time prior to Final Acceptance of the Work.
21. Non-Partrcipating Change Order A doctrment, which is prepared for attd revre��ed by the
Crty, mhich is signed by Contracta•, and Developer, and authoriaes an addition, deletion, or
revisron in the Work or an adjarstment in the Contract Price or the Con[ract Time, isszred orz
or after the Effective Date of the Agreement.
22. Participatrng Change Order A docarment, which is prepared for and approved by the Ciry,
which is signed by Contractor, Developer, and Caty and author/zes an additio�t, deletion, or
revisron in the Work or� an adjustment in the Contract Pr•ice or the Contract Time, issued on
or after the Effectrve Date of the Agreement.
23. Plans — See defrnition of Drawings.
24. Project Schedz�le A schedade, prepared and maintained by Conlractor, rn accordance with
the General Requirements, describing the seguence 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. Pa�blic Meeting — An anno¢mced meeting conducted by the Developer to facilitate pa�blic
participation ancl to assist the public in gaining an informed view of the Projeet.
28. Regzdar Working Hours — Hours beginning at 7.•00 a.m. and ending at 6:00 p.m., Monday
thrzE Friday (exeludang legal holidays).
29. Samples—Physical examples of materrals, 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
crrr oF roar woa�
STANDARD CITY CONDITIONS — DEVGLOPGR AWARDED PROIECTS
Revised: January 10, 2013
00 73 10-4
Stantlard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
30. Schedule of Submzttals A schedade, prepared and maintained by Contractor, of regtEired
sa�bmittals and the tfine requirements to szrpport scheduled performance of related
construction activzties.
31. Site—Lands or ai°eas indicated in the Conlract Documents as being furnished by City or
Developer upon which the Work is to be performed, including rights-of-way, permits, ancl
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 reqarrrements for
materials, eqzrtpment, systems, standards and workmanship as applied to the Work, and
certain administrative requiremends and procedural matters applicable thereto.
Specrfications may be specifically made a pari of the Contract Docz�ments 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 Conddtions — That part of the Contr�act Documents setting forth rega�irements
of the City.
34. Subcontractor—An rndividual or entity having a direct contract with Contractor or with any
other Strbcontractor for Che performance of a part of the Work at the Site.
35. Sz�bmittals—All drawings, diagrams, illush^ations, schedules, and other data or information
which are specifically preparecl or assembled by or for Contractor and submitted by
Conh-actor to illz�strate some portion of the Work.
36. Superintendent — The representative of the Contractor who is avarlable at all times and able
to receive instructions fi�om the City and/or Developer and to act for the Coniractor.
37. Supplementary Condrtions—That part of the Contract Documents which amends or
szrpplements 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 ittcorporated in the Work by Contractor or Subcontractor.
39. Undergroamd Facilities All undergrouncl pipelines, cottduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and arry
encasements contarning strch facilitres, includittg but not limrted tq those that convey
electriciry, gases, steam, liguid petrolez�m products, telephone or other communicatzons,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffrc or
other control systems.
40. Weekend Working Hours — Hours beginning at 9: 00 a.m. and ending at 5: 00 p.m., Satttrday,
Sunday or legal holiday, as approved in advance by the City.
Cl'PY OF F02T WORT}I
STANDARD CITY CONDITIONS — DEVELOP6R A W A2DED P20JECTS
2evised: January I0, 2013
0073 LO-5
Standard City Condilions Of The Construction ConUact For Developer Awarded Projecls
Page 5 of 35
41. Work—The entire construction or the various separately ident�able parts thereof reguired
to be provided under the Coniract Docz�ments. Work includes and zs the Yesult of performzng
o�� provicling all labor, services, and documentation necessary to prodzrce szrch cortslruction
including any Participating Change Order, Non-Partrcipaling Change Order, or Field
Order, and furnishing, installing, and incorporating all materrals and equipment ittto such
constrzrction, all as required by the Contract Documents.
42, Working Day — A working day is deftnecl as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for conh-act purposes, in which weather or other
conditions hot under the control of the Contractor will permit the performance of the
principal unit of work unclerway for a contrnuous 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:
l. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
C. Furnish, Install, Perform, Provide:
The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
crry or• eoaT woxrEi
STANDARD CITY CONDIT[ONS — DEVELOPER AW ARDED PROJECTS
ReviseA: January lQ 2013
00 73 10- 6
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
ARTICL� 2 — PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: SubmiY 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-
Paiticipating Change Orders occur.
2.02 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.03 Pa�blic 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.
ARTICL� 3— CONTRACT DOCUMENTS AND AMENDING
3.01 Reference Stattdards
A. Standards, Specifications, Codes, Laws, and Regulations
Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reFerence be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undeirtal<e responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending attd Supplementing Contract Doca�ments
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
STANDARD CI7'Y CONDITIONS—DEVELOPER AWARDED PROJECTS
Revised: January I Q 2013
00 73 10- 7
Standard City Conditions Of The Construction Coniract For Developer Awarded Projects
Page 7 of 35
1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City's written interpretation or clari6cation.
ARTICLE 4— BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performattce, Payment, attd Marntenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor's obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2) years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Ittsurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions ceitificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
CI'TY OF FORT WORTH
STANDARD CITY CONDTT[ONS — DEVELOPER AW A2DED P20JECTS
Revised: January IQ 2013
00 73 10- 8
Standard City Conditions Of The Consiruciion Contract Por Developer Awarded Prqects
Page 8 oF35
The certificate of insurance shall document the City, an as "Additional Insured" on all
liability policies.
2. The Contractor's general liability insurance shall include a, "per projecY' 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 inciude a Waiver of Subrogation (Rights of Recovery) in favor
of the CiYy. In addition, the Contractor agrees to waive all rights of subrogaCion against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor's obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
Unless otheitivise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage pius 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROIECI'S
2evised: January 10, 2013
00 73 10- 9
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 9 of 35
lieu of tradiCional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be acceptable to and approved by the City.
1 l. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either parry or the underwriter on any such policies.
13. City shall not be responsible For the direct payment of insurance premium costs for
Contractor's insurance.
4.04 Contractor's Inst�rance
A. Workers Compensation and Employers' Liabiliry. 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 injuiy, 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 Gmits
b. Employer's liability
C11'Y OF FORT WORTH
STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PROJBCTS
Revised: January IQ 2013
00 73 10- 10
Standard City Conditions Of The Conslruction ConUact For Developer Awarded Projects
Page 10 of 35
I) $100,000 each accidenUoccurrence
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 injuiy, and liability under an insured contract. Insurance
shal( be provided on an occurrence basis, and as comprehensive as the current Insurance
Seivices Office (ISO) policy. This insurance shall apply as primaiy insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or advertising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
L For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum o£ no
less than three (3) years following the completion of the project
2. Contractor's Liabiliry 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)
malcing the General Aggregate Limits apply separately to each job site.
4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C. Automobile Liabilrty. 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 properly damage arising out of the wod<,
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.
Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
CITY Or FORT WORTH
STANDARD CITY CONDITIONS—DEVBLOPE2 AWARDED P20JECTS
Revised: lanuary IQ 2013
00 73 10- 11
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page I I of 35
1J $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injuiy per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Properiy Damage
D. Railroad Protective Liability. If any of the worl< or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
The Contractor's construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: NONE
Wri[etlienameofthecailmadco�npnny. (Ifnone,thenwritenone)
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 AgreemenY' with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or consh•uction access roads crossing said railroad company's
properties.
The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a. General Aggregate: NONE
Enter limits provided by Railroad Compa�ry (Ifnone, write none)
b. Each Occurrence: : NONE
Enter limits pmvided by Railroad Company (If none, �vrite none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
crry or roxr woa�
STANDARD CPCY CONDITIONS — DEVELOPER A W ARDED PROJECTS
Revised: January IQ 2013
00 73 l0- L2
Standard City Condilions Of The ConsUuction Contract For Developer Awarded ProJects
Page 12 of 35
way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
a If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company's right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company's
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
No work or activities on a railroad company's property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each rai(road company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor's beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the ProjecY.
E. Not�cation of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insucance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of I3onds and Inszrrattce; Option lo 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 Contractorin 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 Sz�pervision and Superintendettt
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such ski(ls and expertise as may be necessary to perform the
CITY OF FORT W02TH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
2evised: January l0, 2013
00 73 10- 13
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page L3 of35
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authoriry to act on
behalf of Contractor. All communication given to ar received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
5.02 Labor; Workrng 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 ar 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 Weel<end Worlcing Hours without
Ciry's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
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.
SA3 Services, Materials, andEquipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all seivices, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shali furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
crrr or• r•oar wox r�t
STANDARD CITY CONDII'IONS — DEVELOPER AWARDED PROJECTS
Revised: January L0, 2013
00 �s io- ia
Standard City Conditions Of The Cons�ruclion Contract Por Developer Awarded Projects
Page 14 of 35
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and
the General Requirements) proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by pairticipating change orders.
5.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or-equaP' item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City £or review under the circumstances described below.
"Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionalty 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 `br-equaP' item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph S.OS.A1, 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 ceitifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
CITY OF FORT W02TH
STANDARD C1TY CONDITfONS — DEVELOPER AW ARDED PROJECTS
2evised: January IQ 20(3
00 �s io- is
Standard City Conditions Of The Construction CoMract For Developer Awarded Projects
Page I S of 35
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitzrte Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or-equal" item under Paragraph 5.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of maCerial or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
a 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 iYem 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:
the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii, available engineering, sales, maintenance, repair, and replacement services; and
CITY OF FORT WORTH
S7'ANUA[iD CITY CONDITIONS — DEVELOPER AW ARDP:D PROJECTS
Revised: January 10, 2013
00 73 IO- 16
Standard City Condilions Of The Constmction Conlract For Developer Awardetl Projects
Page 16 of 35
4) shall contain an itemized estimate of all costs or credits Yhat will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitz�te Constrzrction Methods or Procedures: If a specific means, method, Yechnique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the subsYiCute proposed is equivalent Yo 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 Evaluataon: Ciry will be allowed a reasonabfe 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 furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or-equaL" City will advise Contractor in writing of its determination.
D. Special Gzraratttee: 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
indemn� and hold harmless City and anyone directly or indirectly employed by them from and
against any and all clazms, damages, losses and expenses (including attorneys fees) arising out
of the use of substita�ted materials or eguipment.
E. Ciry's Cost Rermbursemettt: 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.
Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre-Qualiftcatron of Bidders (Prime Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre-qualifcation
5.07 Concerning Subcontractors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
CITY OP FORT W02TH
STANDARD C17'Y COND[TIONS—DEVELOPER AWARDED PROJECTS
Revised: Ianuary 10, 2013
00 73 10- 17
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 17 of 35
� Required for this Contract.
(Check this box if there is eny Ciry Participation)
❑ Not Required for this Contract.
It is City policy to ensure the full and equitable parCicipation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. ff the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
ofthe City's MWBE Ordinance (as amended) by the following:
l. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
oFContractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Wock just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or othee
individual or entiry; nor
2. shafl create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
CCCY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPE2 AWARDED PROJECTS
Revised: January 10, 2013
00 73 10. 18
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Pege 18 of 35
Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
❑ Required for this ContracY.
� Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of FoM 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 w6o does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or patt of the day that the warker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by Yhe City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in wriYing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City's determinaYion that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts cfaimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the llth day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petiYion of any of Yhe
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 competentjurisdiction.
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
c�Tv or• roaT wox�
STANDARll CITY CONDIT[ONS—DEVBLOPE2 AWARDP,D P20JECTS
Revised: January 10, 2013
00 73 10- 19
Standard City Conditions Of The Construction Contract For Developer Awarded Prqecis
Page 19 of 35
occupation of each worker empioyed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the CiTy. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subconlractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractots to comply with Paragraphs A through G above.
5.09 Patent Fees and Royalties
A. To the fullest extent permitted by Laws and Regulatrons, Conlractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work af any invention, design, process, product, or device not specified
in the Contract DocumenXs.
5.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A. Lrmitation on Use of Site and Other Areas:
1. Contractor shall coniine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
CITY Or PORT W02TH
STANDA2D CITY CONDITIONS — DEVELOPER AWARDED PROJEC7'S
Revised: Ianuary IQ 2013
00 73 10- 20
Siandard City Conditions Of The Consiruction Contract For Developer Awarded Projects
Page 20 of 35
other materials or equipment. Contractor shall assume ful) responsibility for any damage to
any such land or acea, ar to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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. Purszrant to Paragraph 5.18, Contractor shall indemn� and hold harmless Ciry, from and
against all clarms, costs, losses, and damages arising ortt 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, ivbbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleahing: 24 hours after written notice is given to the ConYractor that the
clean-up on the job site is proceeding in a manner unsatisfactoiy 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 iYs cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleanrng: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Siructures: ConYractor shall not load nor permit any part of any sYrucYure Yo be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
c�Tv or• roaT woxTH
STANDA2D C[TY WNDITIONS — DEVELOPER AWARDED PR0J8CTS
Revised: January 10, 2013
00 73 10- 21
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page21 of35
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items.
5.13 Safery and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors o£ their responsibility for the safety of persons or propeity in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
talce 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 shali 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, injuiy, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent properly 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. Conh•actor shall inform Ciry of the specific requirements of Contractor's safety program, if any,
with which Ciry's employees and representatives must comply while at Yhe 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 Ciry has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: Sanuary IQ 2013
00 73 10- 22
Standard City Condilions Of The Construction Contracl For Developer Awarded Projects
Page 22 of 35
515 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safery data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5.16 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 516.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 516.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. Ciry'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.
CITY OF FORT W02TH
STANDARD CITY COND[TIONS—D6VELOPE2 AWARDED PROJECTS
Revised: January l0, 2013
00 73 10- 23
Standard City Conditions Of The Consiruction Conhact For Developer Awarded Projects
Page 23 of 35
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is speci6cally and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section O1 33 00 and Ciry 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 Getteral Warranty and Ga�aratttee
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 of6cers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to
pei�form the Work in accordance with the Contract Documents:
1, observations by City;
2, recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a ceitificate of Final Acceptance by City or any payment related thereto by
Ciry;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWA2DED PROJECTS
Revised: January IQ 2013
0073 LO-24
Standard City Conditions Of The Consiruction Contract For Developer Awarded Projects
Page 24 of 35
7. any correction of defective Work by City.
D. The Contractor shalt remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reasonable promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City, its officers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY
ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemniry for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and ali loss, damage or destruction of
property of the City, arising out of, or alteged to arise out of, the worl< and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNIF'ICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation ofProfessional Design Se�vices
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.
ciTr or roaT woaTH
STANDA2D CCPY CONDIT[ONS — DEVELOPER AWARDED PROJECTS
2evised: January IQ 2013
oo�a io-zs
Standard City Conditions Of The Constmction Contract For Developer Awarded Projects
Page 25 of 35
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuantto 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 forthe purpose stated in Paragraph 5.16.C.
5.20 Right to Aardit.•
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
peirtinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and recocds of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5.21 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
CITY OF FORT WORTFI
STANDARD CITY CONDITIONS — DBVELOPER AWARDED PROJECTS
Ravised: January 10, 2013
00 73 10- 26
Standard City Conditions Of The Cons�ruction Contract For Developer Awarded Projects
Page 26 of 35
ARTICLE 6— OTHER WORK AT THE SITE
6.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to stairting any such other work; and
B. Contractor shal( afford each other contractor who is a paMy to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Wark 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
repoi�t 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 Worlc Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects in the work provided by others.
ARTICL� 7 — CITY'S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City's responsibility with respecY to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Limitations on Crty's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
CITY OF PORT W02TH
STANDA[iD C[TY CONDITIONS — DEVBLOPER A WA2UED PROJECTS
Revised: January I0, 2013
00 �s io- z�
Standard City Condilions Of The Construction Contract For Developer Awarded Projects
Page 27 0£35
7.03 Compliance with Safery Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8— CITY'S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibiliYies and the limitations of authoriYy of City's representative during construction are
set forth in the Contract Documents.
A. City's Project RepresenYative will make visits to the Site at intervals appropriate to Yhe various
stages of construction as Ciry deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make e�austive 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 T�ariations 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 RejectingDefective 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. CiYy will have authority to conduct special inspection or
testing of the Work as provided in Airticle 11, whether or not the Work is fabricated, installed, or
completed.
ci� or ro2T' wox rtt
STANDARD CITY CONDPTIONS — DBVELOPER A W ARDED PROIECTS
Revised: lanuary 10, 2013
00 73 10- 28
Standard City Conditions Of The Construction Con�ract For Developer Awarded Projecls
Page 28 of 35
8.04 Delerminations for Work Performecl
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 TH� WORK
9.01 Authorrzed 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 ExU•a Worlc, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as othettivise 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 Notiftcadon 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 — CHANG� OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Prrce
A. The Contract Price may only be changed by a PaMicipating Change Order for projects with City
paiticipation.
10.02 Change of Contract Time
A. The Conh•act 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 C[TY CONDITIONS — DEVELOPER AWARDED PROJ6CTS
Revised: January IQ 2013
00 73 10- 29
Stantlard City Conditions Of The Construction Contract For Developer Awarded Projects
Yage 29 of 35
ARTICLE 11— T�STS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANC� 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 attd Inspectrons
A. Contractor shall give City timely notice of readiness of the VJork 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 thereofl 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 W ork; 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 approvais shall be performed by organizations approved by
Ciry.
D. City may arrange for 1
perform any inspections
City.
ie services of an independent testing laboratory ("Testing Lab") to
or tests ("Testing") for any part of the Work, as determined solely by
1. City will coordinate such Testing to the extent possible, with Conh•actor;
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 initiaYed Testing shall be deemed a negative
result and require a retest.
C[TY OF FORT WORTH
STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PROSECTS
Revised: January 10, 20I3
00 73 10. 30
Standard City Condilions Of The Consiruction 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 forward all invoices for retests to
Developer/Contractor.
4. If ContracYor 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 Conri•actor'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 pottion thereof, until
the cause £or 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 buY 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
Warlc
B. When con•ecting 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 appticable special guarantee required by the Contract
CITY OF FORT WORTH
STANDARD CPfY CONDITIONS—DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
oo�s io-si
Standard Ciry Conditions Of The Conslruction ConUact 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 Paragraph 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 defective Work has been rejected by Ciry, remove it from the Project and replace it
with Worlc 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 resuiting 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 coixected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all coui2 or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. Ciry 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.
ll.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 Contractar fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor fi•om all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
CITY OP PORT WORTH
STANDA2D CITY CONDIT[ONS — DEVELOPE2 AWARDED PROJECTS
Revised: January IQ 2013
00 73 10- 32
Standard City Conditions Of The Construction CoMract For Developer Awarded Projects
Page 32 of 35
stored elsewhere. Conri•actor shal] allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all coutt or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to Yhe 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 — COMPL�TION
12.01 Coniractor's Warranty ofTitle
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilizat(on
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 Worlc that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.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 Fanallnspectfon
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
crrr or eoRr woRTH
STANDARD CITY COND[TIONS—DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 33
Standard City Conditions Of The Conslruclion Contract For Developer Awarded Projects
Page 33 of 35
1. within 10 days, Ciry will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 FinalAcceptance
A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
1. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4, affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been repoited to Contractor's
insurance providerforresolution.
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 temporairy 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 COND[TIONS — D6VELOPER A W A2UED PROJEC7'S
Revised: January 10, 2013
oo�s io-sa
Standard City Contlitions Of The Constmction Contract For Developer Awarded Projecls
Page 3J of 35
available within a reasonable period of time, Contractor may request an extension in Contract
Time, direcYly atCributable 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 wili 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 GivingNotice
A. Whenever any provision oFthe 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
delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WOR7H
STANDARD CITY CONlll1'lONS—DF.VELOPE2 AWARDED PROIGC'CS
Revised: January iQ 2013
00 73 10- 35
Standard City Condi�ions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
14.04 Sarrvival 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
Yermination or compleYion of the Contract or termination of the services of Contractor.
14.05 Headrngs
Aiticle and paragraph headings are inseited for convenience only and do not constitute parts of these
General Conditions.
C17'Y OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDBD PROJECTS
Revised: January IQ 2013
011100-I
DAP SUMMARY O� WORK
Page 1 of 3
2
3 PART1- GENCRAL
4
5
6
7
8
l.l SUMMARY
SECTION Ol 11 00
SUMMARY OF WORK
A. Section Includes:
1. Summaty of Work to be performed in accordance with the Contract Documents
B. Deviations from this City of Fort Worth Standa�d Specification
1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract
I 1 2. Division 1- General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
I S No separate payment will be allowed for this Item.
16 1.3 REFER�NCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Work Covered by Contract Documents
19 I. Work is to include furnishing all labor, materials, and equipment, and performing
20 all Work necessary for this construction project as detailed in the Drawings and
21 Specifications.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
B. Subsidiary Work
1. Any and all Work specifically governed by documentacy requirements for the
project, such as conditions imposed by the Drawings or Conh•act 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 iYem Iist, then the item shall
be considered as a subsidiaiy 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
equipment stored on the Site.
3. Use and occupy only portions of the public sU�eets 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 necessa�y to avoid
delay in the construction operations.
CITY OF FORT WORTH Logn�� Syuare, Phnse /
STANDA2D CONSTRUCTION SPBCI�ICATION DOCUMENTS — Developer Awarded Projects Ciry� Project No. 102077
2evised December20, 2012
011100-2
DAP SUMMARY OF W02K
Page 2 of 3
t b. Excavated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property.
4 c. [f the street is occupied by railroad tracks, the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in acwrdance with railroad requirements set fo�th in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
I1 2. Do not store equipment or material on private proper[y unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of
15 obstructions which must be removed to make possible proper prosecution o£the
16 Work as a part of the project construction operations.
17 4. Preserve and use eve�y precaution to prevent damage to, all trees, sluvbbe�y, plants,
18 lawns, fences, culve�ts, curbing, and all other types of structures or improvements,
19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or
20 appuitenances thereof, including the construction of temporary fences and to all
21 other public or private property adjacent to the Work.
22 5. Notify the proper representatives of the owners or occupants of the public or private
23 lands of interest in lands which might be affected by the Work.
24 a. Such notice shall be made at least 48 hours in advance of the beginning of the
25 Work.
26 b. Notices shall be applicable to both public and private utility companies and any
27 corporation, company, individual, or other, either as owners or occupants,
28 whose land or interest in land might be affected by the Work.
29 c. Be responsible for all damage or injury to property of any character resulting
30 from any act, omission, neglect, or misconduct in the manner or method or
31 execution of the Work, or at any time due to defective work, material, or
32 equipment.
33 6. Fence
34 a. Restore all fences encountered and removed during conshvction of the Project
35 to the original or a better than original condition.
36 b. Erect temporary fencing in place of the fencing removed whenever the Work is
37 not in progress and when the site is vacated overnight, and/or at all times to
38 provide site security.
39 a The cost for all fence work within easements, including removal, tempora�y
40 closures and replacement, shall be subsidiary to the various items bid in the
41 project proposal, unless a bid item is specifically provided in the proposal.
C[TY OP FOR'C WORTH Loga� Square, PGnse 1
STANDARD CONSTRUCTION SPHCI�[CATION DOCUMENTS — Developer Awarded Projects Ciry� R�ojec( No. l02077
Revised December 2Q 2012
011100-3
DAP SUMMARY OP WORK
Page 3 of 3
� i.s susN[rTTALs �rroT us�n�
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSEOUT SUBMITTALS [NOT US�D]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT US�D]
7 1.11 FIELD [SITE] CONDITIONS [NOT USED]
8 1.12 WARRANTY [NOT USED]
9 PART 2- PRODUCTS [NOT US�D]
10 PART 3- EXECUTION [NOT USED]
ll
12
END OF SECTION
Revision Log
DATE NAME SiJMMARY OF CAANGE
�
CITY OF FORT WORTH /.ognn Sqna�e, Phnse /
STANDARD CONSTRUCTION SPECIF[CAT[ON DOCUMENTS—Developer Awa�ded Prqects Ciq� R�aject No. 102077
Revised December 2Q 2012
01 3I 19 - 1
DAPPRECONSTRUCTION MEETING
Page 1 of 3
2
3 PART1- GENERAL
4 l.l SUMMARY
SECTION Ol 31 19
PRECONSTRUCTION MEETING
5 A. Section Includes:
6 1. Provisions for Yhe preconsh�uction meeting to be held prior to tl�e start of Work to
7 clarify construction contract administration procedures
S B. Deviations from this City of Fort Warth Standard Specification
9 1. No construction schedule required unless requested by the City.
10 C. RelaYed SpeciFication Sections include, but ace not necessarily limited to:
11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1— General Requirements
13 1.2 PRICE AND PAYMENT PROC�DURES
14 A. Measurement and Payment
15 L Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
U 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
l9
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
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
futw�e reference.
B. Preconstruction Meeting
I. A preconstruction meeYing will be held within 14 days after the deliveiy of the
distribution package to the City.
a. The meeting will be scheduled and administered by the City.
2. The Project Representative will preside at the meeting, prepare the notes of the
meeting and distribute copies of same to all participants who so request by fully
completing the attendance form to be circulated at the beginning of the meeting.
3. Attendance shallinclude:
a. Developer and Consultant
b. Contractor's project manager
c. Contractor's superintendent
d. Any subcontractor or supplier representatives whom the Contractor may desire
to invite or the City may request
CI'CY OF FORT WORTH Logan Sqaare, Phnse l
STANDARDCONSTRUCTIONSPEC[FICATIONDOCUMEN'PS—DEVELOPE2AWARDEDPROJECTS Ciry�ProjecWo.102077
Revised August 30, 2013
01 3l t9 - 2
DAP PRECONSTRUCC[ON MGETING
Page 2 of 3
t e. Other City representatives
2 f. Others as appropriate
3 4. Preliminary Agenda may include:
4 a. Inll•oduction of Project Personnel
5 b. General Description of Project
6 a Status of right-of-way, utility clearances, easements or other pertinent permits
7 d. Contractor's work plan and schedule
8 e. Contract Time
9 f. Notice to Proceed
10 g. Construction Staking
I1 h. Progress Payments
12 i. Extra Wark and Change Order Procedures
]3 j. Field Orders
14 k. Disposal Site Letter for Waste Material
15 L Insurance Renewals
t6 m. Payroll Certification
17 n. Material Certifications and Quality Control Testing
18 0. Public Safety and Convenience
19 p. Documentation of Pr�Constiuction Conditions
20 q. Weekend WorkNotification
21 r. Legal Holidays
22 s. Trench Safety Plans
23 t. Confined Space EnVy Standards
24 u. Coordination with the City's representative for operations of existing water
25 systems
26 v. Storm Water Pollution Prevention Plan
27 w. Coordination with other Contractors
28 x. Early Warning System
29 y. Contractor Evaluation
30 z. Special Conditions applicable to the project
31 aa. Damages Claims
32 bb. Submittal Procedures
33 cc. Substitution Procedures
34 dd. Correspondence Routing
35 ee. Record Drawings
36 ff. Temporary construction fiacilities
37 gg. MBE/SBE procedures
38 hh. Final AccepYance
39 ii. Final Payment
40 jj. Questions or Comments
CITY OF FORT W02TH Logm� Syuare, Plrase I
STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DGVELOPER AWA2DED PROJECTS Ciq� projecl Na. 102077
Revised August30,2013
013119-3
DAPP2ECONSTRUCTION MEETING
Page 3 of 3
I 1.5 SUBMITTALS [NOT US�D]
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D]
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT US�D]
5 1.9 QUALITY ASSURANC� [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 l.11 FIELD [SITE] CONDITIONS [NOT US�D)
8 1.12 WARRANTY [NOT USED]
9 PART 2- PRODUCTS [NOT USED]
10 PART 3- EXECUTION [NOT USED)
I1
�
�ND OF SECTION
Revisiou Log
DATE NAME SUMMARY OF CHANGE
sc]
CITY OF FORT WORTH Logart Syuure, Plrase l
STANDARD CONSIRUCTION SPECIFICATION DOCUMBNTS — DEVELOPER AWARDED PROIECTS Citp Projecl No. l02077
Revised August 3Q 2013
013233-I
DAPP2ECONSTRUCTION V[DGO
Page 1 of 2
1
2
3
4
5
6
7
8
9
IO
I1
12
13
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. Though not mandatory, it is highly recommended on infill developer projects.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Coutract Forms and Conditions of the Contract
2. Division 1 —General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measuremen[ and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENC�S [NOT USED]
fF3
19
20
21
22
23
24
c'F�.
1.4 ADMINISTRATIV� REQUIREMENTS
A. Preconshuction 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 upou request by the City.
2. Retain a copy of the preconskuction video until the end of the maintenance surety
period.
1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29
30
31
32
1.9 QUALITY ASSURANCE [NOT USED]
1,10 DELIV�RY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
33 PART 2- PRODUCTS [NOT US�D]
CITY OF FORT WOR'CH Logan Squa�e, Phase 1
STANDARDCONSTRUC'CIONSPBCIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJEC'CS CiryProjeclNo.102077
Revised Augus[ 3Q 2013
013233-2
UAPPRECONSfRUCTION VIDEO
Page 2 of 2
PART 3 - EX�CUTION [NOT USED]
�ND OF SECTION
CITY OF FORT WOR7'H Logan Sqimre, Plmse 1
STANDARD CON5IRUCTION SPECIFICATION DOCUMEN"fS — DEVELOPE2 AWARDED PROJECTS Cip� Projec( No. /02077
Revised August3Q 2013
013300-1
DAP SUBMPI"CALS
Page I of I I
1
2
3 PART1- GEN�RAL
SECTION Ol 33 00
DAPSUBMITTALS
4 l.l SUMMARY
5 A. Section Includes:
6 1. General methods and requirements of submissions applicable to the following
7 Work-related submittals:
8 a. Shop Drawings
9 b. Product Data (including Standard Product List submittals)
10 c. Samples
11 d. Mock Ups
12
13
B. Deviations from this City of Fort WorTl� SYandard Specification
1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division I—General Requirements
17 1.2 PRICE AND PAYM�NT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidia�y to the various items bid.
20 No separate payment will be allowed for this Item.
21
22
23
24
25
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIR�MENTS
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.
CITY OF FORT WOR'PH Logan Square, Phase 1
S7'ANDARDCONSTRUCTIONSPECIF[CATIONDOCUMENTS—DEVELOPERAWARDEDPROJEC7'S CityProjectNo.102077
Revised August 3Q 2013
01 33 00 - 2
DAPSU6MITPALS
Page 2 of I I
1 2. Coordination of Submittal Times
2 a. Prepare, prioritize and transmit each submittal sufficiently in advance of
3 performing the related Work or other applicable activities, or within the time
4 specified in the individual Work Sections, of the Specifications.
5 b. Contractor is responsible such that the installation will not be delayed by
6 processing times including, but not limited to:
7
8
9
10
11
12
13
14
15
16
17
18
19
a) Disapproval and resubmittal (if required)
b) Coordination with other submittals
c) Testing
d) Purchasing
e) Fabricatiou
fl Deliveiy
g) Similar sequenced activities
c. No extension of time will be authorized because of the Contractor's failure to
Yransmit submittals sufficientty in advance of the Work.
d. Make submittals promptly in accoidance with approved schedule, and in such
sequence as to cause no delay in the Work or in the work of any other
contracta.
B. Submittal Numbering
20 I. When submitting shop drawings or samples, utilize a 9-character submittal cross-
21 reference identification numbering system in the following manner:
22 a. Use the firsT 6 digits of the applicable Specification SecYion Number.
23
24
25
26
27
28
29
30
31
b. For the next 2 digits number use numbers O1-99 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
CITY OF FORT WORTH Logan Square, Phase 1
S1'ANDARD CONSTRUCT[ON SPEC[FICATION DOCUMENTS—DEVELOPER AWA2llED PROJBCTS City Project No. 102077
Revised August 3Q 2013
013300-3
DAPSUBM[Ti'ALS
Page 3 of 1 l
1 2) 08 is the eigh[h initial submittal under this Specification Section
2 3) B is the third submission (second resubmission) of that particular shop
3 drawing
4 C. ContracYor Certification
5 1. Review shop drawings, product data and samples, including those by
6 subcontracYors, prior to submission to determine and verify the following:
7 a. Field measurements
8 b. Field construction criteria
9 c. Catalog numbers and similar data
10 d. Conformance with the Contract Documents
11 2. Provide each shop drawing, sample and product data submitted by the Contractor
12 with a Certification Statement affixed including:
13 a. The Contractor's Company name
14 b. Signature of submittal reviewer
15 a Certification Statement
16 ]) "By this submiYtal, I hereby represent that I have determined and verified
17 field measurements, field construction criteria, materials, dimensions,
18 catalog numbers and similar data and I have checked and coordinated each
19 itetn with other applicable approved shop drawings."
20 D. Submittal Format
21 1. Fold shop drawings larger than 8%z inches x 11 inches to 8%z inches x 11 inches.
22 2. Bind shop drawings and product data sheets together.
23 3. Order
24 a. Cover Sheet
25 1) Description of Packet
26 2) Contractor Certification
27 b. List of items / Table of Contents
28 c. Product Data /Shop Drawings/Samples /Calculations
CITY OF FORT WORTH Logan Square, Vhase t
STANDARDCONSTRUCTIONSPBCIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS CityPmjectNo.102077
Revised Augusl30,2013
OL3300-4
DAP SUBMI'ITALS
Page 4 of I I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
E. Submittal Content
L The date of submission and the dates of any previous submissions
2. The Project title and number
3. Contractor identification
4. The names of:
a. Contractor
b. Supplier
c. Manu£ac[urer
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 ConYract Documents
10. Identification by highlighting of revisions on resubmittals
i l. An 8-inch x 3-inch blank space for Contractor and City stamps
F. Shop Drawings
I. 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
a Setting diagrams
d. Actual shopwork manufacturing instructions
e. Custom templates
f. Special wiring diagrams
g. Coordination drawings
CITY OP FORT WORTH Logan Square, Phase 1
STANDA2D CONST2UCTION SPECIFICATION DOCOMENTS—DF.VELOPHR AWARDED PROJEC7'S City Project No. 102077
Revised August 3Q 2013
013300-5
DAPSUBMCCCALS
Page 5 of I I
1 h. [ndividual system or equipment inspection and test reports including:
2 1) Performance curves and certifications
3 i. As applicable to the Work
4 2. Details
5 a. Relation of the various parts to the main membecs and lines of the structure
6 b. Where correct fabrication of the Work depends upon field measurements
7 1) Provide such measurements and note on the drawings prior to submitting
8 for appeoval.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
G. Product Data
1. For submittals of product data for products included on the Ciry'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 refen•ed to as
catalog data)
I) Such as the manufacturer's product specificaYion and installation
instructions
2) Availabiliry 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
7) Standard wiring diagrams
8) Printed performance curves and operational-range diagrams
9) P�roduction or quality control inspection and test reports and ceitifications
l0) Mi(l reports
11) Product operating and maintenance instructions and recommended
spare-parts listing and printed product warranties
12) As applicable to the Work
CI'['Y OF FORT WOR'CH Logan Square, Phase 1
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS — DEVELOPF,R AWARDED PROlEC7'S Ciry Project No. l02077
Revised August 30, 2013
013300-6
DAPSOBM[TTALS
Page 6 of 1 I
1
2
3
4
5
6
7
8
9
10
11
12
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 stai�t Work requiring a shop drawing, sample or product data nor any material to
be fabricated or installed pria� to the approval or qualified approval of such item.
13 1. Fabrication performed, materials purchased or on-site construction accomplished
14 which does not conform to approved shop drawings and data is at the Contractor's
15 risk.
16 2. The City will not be liable for any expense or delay due to conections or remedies
17 required to accomplish conformity.
�
20
21
3. Complete project Work, materials, fabrication, and installations in conformance
with approved shop drawings, applicable samples, and product data.
J. Submittal Distribution
1. Elech�onic Dish•ibution
22 a. Confirm development of Project directory for electronic submittals to be
23 uploaded to City's Buzzsaw site, or another external FTP site approved by the
24 City.
25 b. Shop Drawings
26
27
Fi3
l) Upload submittal to designated project directoty and notify appropriate
City representatives via email of submittal posting.
2) Hard Copies
29 a) 3 copies for all submittals
C1TY OF FOR7' WORTFI Logan Square, Phase 1
STANDARD CONSTRUCTION SPGCIFICAT[ON DOCUM6NTS — DEVELOPER AWARDED PROJEC7S City Prolect Na. 102077
Revised August 3Q 2013
013300-7
DAP SUBMITTALS
Page 7 of I 1
1
2
3
4
5
6
7
8
9
10
b) If Contractor requires more than I 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) DisYributed to the Project Representative
11 2. Hard Copy Distribution (if required in lieu of electronic distribution)
12 a. Shop Drawings
13 1) Disri•ibuted to the City
14 2) Copies
15 a) 8 copies for tnechanical submittals
16 b) 7 copies for all other submittals
17 c) If Contractor requires more than 3 copies of Shop Drawings returned,
18 Contractor shall submit more than the number of copies listed above.
19
20
21
22
23
24
25
26
27
28
29
b. Product Data
1) Distributed to the City
2) Copies
a) 4 copies
c. Samples
I) 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 thejob site file and elsewhere as
directed by the City.
CITY OF FORT WORTH Logan Square, Phase I
STANDARDCONST2UCTIONSPECIF[CATIONDOCUMENTS—DEVBLOPERAWARDEDPROJECTS CityPrqectNo.102077
Revised August 30, 2013
013300-8
DAP SUBM[TTALS
Page 8 of 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
a. Provide number of copies as directed by the City but not exceeding the number
previously specified.
K. Submittal Review
1. The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a. Permitting any departure from the Contract requirements
b. Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c. Approving departures from details furnished by the City, except as otherwise
provided herein
2. The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment oFthe terms of the Contract.
a. All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
16 3. The Contractor remains responsible for details and accuracy, for coordinating the
17 Work with all other associated work and trades, for selecting fabrication processes,
18 for techniyues of assembly and for performing Work in a safe manner.
19 4. If the shop drawings, data or samples as submitted describe variations and show a
20 depatture from the Contract requirements which City finds to be in the interest of
21 the City and to be so minor as not to involve a change in Contract Price or time for
22 performance, the City may return the reviewed drawings without noting an
23 exception.
24
25
26
27
2S
29
30
31
32
5. Submittals will be returned to the Contractor under 1 of the following codes:
a. Code 1
I) "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
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
the notations and comments IS NOT required by the Contractor.
CITY OF FORT WOR'CH Logan Square, Phase l
STANDARD CONST2UCT[ON SPECIF[CATION DOCUMBNTS — DEVELOPER AWARDED PROJEC7'S City Pmjec[ No. 102077
Revised August3Q 2013
01 33 00 - 9
DAP SUBMITTALS
Page 9 of ( l
1
2
3
�
5
6
7
a) The Contractor may release the equipment or material for manufacture;
however, all notations and comments must be incorporated into the
final product.
a 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.
8 a) The Contractor may release the equipment or material for manufacture;
9 however, all notations and comments must be incorporated into the
10 final product.
11 b) This resubmittal is to address all comments, omissions and
12 non-conforming items that were noted.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 meeY the ConYract Documents.
6. Resubmittals
a. Handled in the same manner as first submittals
1) Corrections other than requested by the City
2) Marked with revision triangle or other similar method
a) At Contractor's risk if not marlced
b. Submittals for eacl� item will be reviewed no more than twice at the City's
expense.
29 1) All subsequent reviews will be performed at times convenient to the City
30 and at the Contractor's expense, based on the City's or City
31 Representative's then prevailing rates.
32 2) Provide Contractor reimbursement to the City within 30 Calendar Days for
33 all such Fees invoiced by the City.
CITY OP FORT WORTH Logan Square, Phase 1
STANDARD CONSTRUCTION SPEC[FICATION DOCUMEN7'S—DEVBLOPER AWARDED PROJECTS City Pmject No. 102077
Revised Augus[ 30, 2013
01 33 00 - 10
DAPSUBMITTALS
Page 10 of 1 I
1
2
3
4
5
6
7
8
9
10
c. The need for more than I 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 reseives 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 Ciry may at its option provide a list or mark the submittal directing the
Contractor to the areas that are incomplete.
11 8. If the Contractor considers any correction indicated on the shop drawings to
12 constitute a change to the Contract Documents, then written notice must be
13 provided thereof to the Developer at least 7 Calendar Days prior to release for
14 manufacture.
15 9. When the shop drawings have been completed to the satisfaction of the City, the
16 Conh•acror may carry out the construction in accordance therewith and no further
17 changes therein except upon written instructions from the City.
18 ] 0. Each submittal, appropriately coded, will be returned within 30 Calendar Days
19 following receipt of submittal by the City.
20 L. Mock ups
21
22
23
24
25
26
27
28
29
30
1. Mock Up units as specified in individual Sections, include, but are not necessarily
limited to, complete units of the standard of acceptance for that type of Work to be
used on the Project. Remove at the completion of the Work or when directed.
M. Qualifications
1. If specifically required in other Sections of these Specifications, submit a P.E.
Certification for each item required.
N. Request for Information (RFI)
1. Contractor Request for additional information
a. Clarification or interpretation of the contract documents
b. When the Contractor believes there is a conflict between Contract Docwnents
CITY OF FORT WORTIi Logan Square, Phase t
STANDARD CONSTRUCT�ON SPBCIPICAT[ON DOCUMENTS — DEVBLOPER AWARDED PROJECTS City Pmject No. 102077
Revised Augus[ 30, 2013
013300-II
DAPSUBMITTALS
Page t I of 1 I
1 c. When the Contractor believes there is a conflict between the Drawings and
2 Specifications
3 1) Identify the conflict and request clarification
4 2. Sufficient information shall be attached to permit a written response without further
5 information.
[�
7
8
9
10
11
12
13
14
15
F�:i
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 DELIV�RY, STORAGE, AND HANDLING [NOT USED]
l.l l FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
17 PART 3- EXECUTION [NOT USED]
m
19
�ND OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
12/20/2012 D.Johnson 1.4.K.8. Working Days modifiedto Calendar Days
20
CITY OF FORT WORTH Logan Square, Phase 1
STANDARDCONST2UCT[ONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJBCTS CityProjectNnl02077
Revised August 3Q 2013
o� aszs
DAP TESTMG AND MSPECTION SERVICES
Page [ of 2
SECTION 01 45 23
TESTING AND INSPECTIONSERV[CES
PART 1- GENERAL
1.1 SUMMARY
A. SectionIncludes:
1. Testing and inspec[ion services procedures and coordination
B. Deviations fi•om This Ciry of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, buY are not necessarily limited to:
l. Division 0—Bidding Requirements, Contrac[ Forms and Conditions ofthe Contract
2. Division I—GeneralRequuements
1.2 PRICE AND PAYMENT PROCEDURES
A. MeasurementandPayment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
a. Contractor is responsible for performing, coordinating, and payment of all
Quality Control tesring.
b. City is responsible for performing and payment for fast set of Quality
Assurance testing.
1) If the first Qualiry Assurance test pe��formed by the Ciry fails, the
Contractor is responsible for payment of subsequent QualityAsswance
tesYing until a passing testoccurs.
a) Final accepYance will not be issued by City until all requiredpayments
for testing by Conh•actor I�ave been paid in full.
13 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Testing
1. Complete testing in accordance with the ContractDocuments.
2. Coordination
a. When testing is required to be performed by the City, notify City, sufficienUy
in advance, whentesting is needed.
b. VJhen YesTing is required to be completed by the Contr•actor, noYify City,
sufficiently in advance, that testing will beperformed.
3. DistributionofTestingReports
a. Electronic Distribution
1) Confirm development of Project directory for elech•onic submittals to be
uploaded to the City's document management system, or another form of
distribution approved by the City.
CITY OP FORTWORTH Logan Square, Phase I
STANDARDCONSTRUCTIONSPEC[FICATIONDOCUMENTS—DBVELOPERAWARDHDP20JECTS CityProjecWo.102077
2evised March 20, 2020
01 45 23
DAP THSTING AND INSPBCTfON SERVICES
Page 2 of 2
2) Upload test reports to designated project directoty and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) I copy for all submittals submitted to the ProjectRepresentative
b. HardCopyDistribution(ifrequiredinlieuofelech•onicdistribution)
I) Tests performed by City
a) DistributelhardcopytotheContractor
2) Tests performed by the Contractor
a) Dish•ibute 3 hard copies to Ciry's Project Representative
4. ProvideCity'sProjectRepresentativewithtripticketsforeachdeliveredloadof
Coucrete or Lime material including the following information:
a. Nameofpit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligaYion to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSIJRANCE [NOT USED]
1.10 DELNERY, 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 [NOTUSED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OP CHANGE
03/20/2020 D.V. Magaiia Removed reference to Buzzsaw and noted that electronic snbmittals beuploaded
thmugh the City's document management system.
Cl'CY OF FORTWORTH Logan Square, Phase I
STANDARDCONST2UCTIONSPPCIPICA'CIONDOCUMBNTS. UEVELOPERAWA2DEDPROJECTS CityProjecWo.102077
Revised March 20, 2020
015000-L
DAP TEMPORA2Y FAC[LITTES AND CONTROLS
Page I of4
2
SECTION Ol 50 00
TEMPORARY FACIL[TIES AND CONTROLS
3 PART1- GENERAL
4 1.1 SUMMARY
5
6
7
8
9
10
11
12
13
14
A. Section Includes:
1. Provide temporary facilities and controls needed for the Work including, but not
necessarily limited to:
a. Temporary utilities
b. Sanitary facilities
c. Storage Sheds and Buildings
d. Dust conh'ol
e. Temporaiy fencing of the consriuction site
B. Deviations from this City of Fort Worth Standard Specification
1. None.
IS C. Related Specification Sections include, but are not necessarily limited to:
16 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
17 2. Division 1— General Requirements
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiaiy to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES (NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
A. Tempaary Utili[ies
1. Obtaining Temporary Service
a. Make arrangements with utility service companies for temporaiy services.
b. Abide by iules and regulations of utility service companies or authoxities
having jurisdiction.
c. Be responsible for utility service costs until Work is approved for Final
Acceptance.
1) Included are fuel, power, lighT, heat and other utility services necessary for
execution, completion, testing and initial operation of Work.
2. Water
a. Contractor to provide water required for and in connection with Work to be
performed and for specified tests of piping, equipment, devices or other use as
required for the completion of the Work.
b. Provide and maintain adequate supply of potable water for domestic
consumption by Contracror personnel and City's Project Representatives.
c. Coordination
CITY OF ROR'C WORTH Logan Square, Phase /
STANDARDCONSCRUCTIONSPECIFICATIONDOCUMENTS—DEVBLOPERAWARDEDP20JECTS Ciry•ProjectNo.102077
Revised JOLY I. 2011
ois000-z
DAN TEMPORARY rAC[LI1'IES AND CONT20LS
Page 2 of 4
1 1) Contact City I week before water for construction is desired
2 d. Contractor Payment for Construction Water
3 1) Obtain construction water meter from City for payment as billed by City's
4 established rates.
5 3. Electricity and Lighting
6 a. Provide and pay for electric powered service as required for Work, including
7 testing of Work.
8 1) Provide power for lightiug, operation of equipmeut, or other use.
9 b. Electric power service includes temporary power seivice or generator to
10 maintain operations during scheduled shutdown.
11 4. Telephone
12 a. Provide emergency telephone service at Site for use by Contractor personnel
13 and others performing work or furnishing services at Site.
14 5. Temporary Heat and Ventilation
15 a. Provide tempora�y heat as necessary for protection or completion of Work.
16 b. Provide temporaiy heat ai�d ventilation to assure safe working conditions.
17 B. Sanitary Facilities
18 I. Provide and maintain sanitary facilities for persons on Site.
19 a. Comply with regulations of State and local departments of health.
20 2. Enforce use of sanitaty £acilities by construction personnel at job site.
21 a. Enclose and anchor sanitary facilities.
22 b. No discharge will be allowed from these facilities.
23 c. Collect aud store sewage and waste so as not to cause nuisance or health
24 problem.
25 d. Haul sewage and waste off-site at no less than weekly inteivals and properly
26 dispose in accordance with applicable regulation.
27
28
29
30
31
3. Locate facilities near Work Site and keep clean and maintained tivoughout Project.
4. Remove facilities at completion of Project
C. Storage Sheds and Buildings
I. Provide adequately ventilated, watertight, weatherproof storage facilities with floor
above ground level for materials and equipment susceptible to weather damage.
32 2. Storage of materials not susceptible to weather damage may be on blocks off
33 ground.
34 3. Store materials in a neat and orde�9y manner.
35 a. Place materials and equipment to permit easy access for identiftcation,
36 inspection and invento�y.
37 4. Equip building with lockable doois and lighting, and provide electrical service for
38 equipment space heaters and heating or ventilation as necessary to provide storage
39 environments acceptable to specified manufacturers.
40
41
az
43
44
45
5. Fill and grade site for temporary structures to provide drainage away from
temporary and existing buildings.
6. Remove building from site prior to Final Acceptance.
D. Temporary Fencing
1. Provide and maintain for the duration or construction when required in contract
documents
CITY OF FORT WORTH Logau Square, Phuse 1
STANDA2DCONSIRUCTIONSPECIF[CATIONDOCUMENTS—DfVELOPERAWARDBDPROJECTS Ciry•ProjeclNo.l02077
Revised IDLY 1, 201 I
OI5000-3
DAP TEMPORARY PACILITIES AND CONTROLS
Page 3 of 4
1 E. Dust Control
2 1. Conh•actor is responsible for maintaining dust conh•ol throttgh the duration of the
3 project.
4 a. ContracYor remains on-call at all times
5 b. Must respond in a timely manner
6 F. Temporaiy Protection of Construction
7 1. Contractor or subcontractors are responsible for protecting Work from damage due
8 to weather.
9 1.5 SUBMITTALS [NOT USED]
10 1.6 ACTION SUBMITTALSQNFORMATIONAL SUBMITTALS [NOT USED]
1 I 1.7 CLOS�OUT SUBMITTALS [NOT USED]
12 1.H MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
13 1.9 QUALITY ASSURANCE [NOT USED]
14 1.10 DELIVERY, STORAG�, AND HANDLING [NOT US�D]
15 1.11 FIELD [SITE] CONDITIONS [NOT USED]
I6 112 WARRANTY [NOT USED]
17 PART 2- PRODUCTS [NOT USED]
18 PART 3- EXECUTION [NOT USED]
19 3.1 INSTALLERS (NOT USED]
20 3.2 EXAMINATION [NOT USED]
21 3.3 PR�PARATION [NOT USED]
22 3.4 INSTALLATION
23 A. Temporary Facilities
24 I. Maintain all Yemporary facilities for duration of consYruction activities as needed.
CITY OF FORT WORTH Lagae Sqrmre, Phase 1
STANDARD CONSTRUCT[ON SPECI�[CATION DOCUMENTS — DEVELOPER AWARDED PROJGCTS Ciry� ProjeciNo. l02077
2evised JULY 1, 20I 1
oi s000-a
DAP TEMPORARY FACILITIES AND CONT20L5
Page 4 of 4
1 3.5 [REPAIR] / [RESTORATION]
2 3.6 RE-INSTALLATION
3 3.7 FI�LD [oa] SITE QUALITY CONTROL [NOT USED]
4 3.8 SYST�M STARTUP [NOT USCD]
5 3.9 ADNSTING [NOT USED]
6 310 CLCANING [NOT USED]
7 3.11 CLOSEOUT ACTIVITIES
8 A. Temporary Facilities
9 1. Remove all tempora�y facilities and restore area after completion of the Work, to a
10 condition equal to or better than prior Yo start of Work.
I1 3.12 PROTECTION [NOT USED]
12 3.13 MAINTENANCE [NOT USED]
13 314 ATTACHMENTS [NOT USED]
14
IS
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
16
CTTY OF PORT WORTH Lagan 59i�are, Plmse 1
STANDARD CONST2UCT[ON SPECIFICATION DOCUMENTS—D8V8I.OPER AWARDED PROJECTS Ciry� Pr jec(Na. 102077
2evised JULY 1, 201I
015526-I
DAP STREET USE PERMIT AND MOD[FICATIONS TO TRAFFIC CONTROL
Page 1 of 3
9
SECTION Ol 55 26
STREET USE PERM[T AND MOD[FICATIONS TO TRAFFIC CONTROL
3 PART1- GEN�RAL
C!
5
6
7
8
9
10
11
l.l 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.
12 C. Related Specification Sections include, but ace not necessarily limited to:
13 1. Division 0— Bidding Requirements, Coutract Forms and Conditions of the ConG�act
14 2. Division 1— General Requirements
15 3. Section 34 71 13 — Traffic Control
16 1.2 PRICE AND PAYMENT PROCEDUR�S
17 A. Measurement and Payment
18 l. Work associated with this Item is considered subsidiacy to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFER�NCES
21 A. Reference Standards
22 1. Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
�
27
28
29
30
31
32
33
34
1.4 ADMINISTRATIVE REQUIREMENTS
A. Traffic Control
1. General
a. When traffic control plans are included in the Drawings, provide Traffic
Control in accordance with Drawings and Section 34 71 13.
b. When haffic control plans are not included in the Drawings, prepare tra�c
control plans in accordance with Section 34 71 13 and submit to City for
review.
I) Allow minimum 10 working days for review of proposed Traffic Control.
35 B. Street Use Permit
36 1. Prior to installation of Traffic ConVol, a City Street Use Permit is required.
37 a. To obtain Street Use Permit, submit Traffic Control Plans to City
38 Tcansportation and Public Works Department.
CITY OF FORT W02TH Lognn Square, Pl�ase 1
STANDARDCONSTRUCTIONSPF,Ci�ICATIONDOCUMBNTS—DEVELOPERAWARDEDPROJECTS Ciry�ProjectNo.102077
Revised July 1, 201 t
015526-2
DAP STREET USF. PERMIT AND MODIPICATIONS TO 7RAFFIC CONTROL
Page 2 of 3
1
2
3
4
5
6
7
8
9
10
11
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 thaY 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 Transpottation and
Public Works Depaitment.
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 SYreet Use Permit, such that construction is not delayed.
12 D. Removal of St�•eet Sign
13 L If it is determined that a street sign musY be removed for const�uction, then contact
14 City Transpoirtation and Public Works DepaMment, Signs and Markings Division to
15 remove the sign.
16
17
18
19
20
21
22
23
24
25
�
E. Temporary Signage
1. In the case of regulatory signs, replace permanent sign with temporaty 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 Depa�iment, Signs
and Markings Division, to reinstall the permanent sign.
F. Traffic Control Standards
1. Traffic Conh•ol Standards can be found on the City's Buzzsaw website.
1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30
31
32
33
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]
34 PART 2- PRODUCTS [NOT USED)
35
PART 3 - EXECUTION [NOT USED]
36 END OF S�CTION
CITY OF PORT WORTH Logan Syuare, Plmse 1
57'ANDARDCONSTRUCT[ONSPECIFICATIONDOCUMENTS—D6VELOPERAWARDEDPROJECTS Ciry�Projec(No.102077
Revised July 1,201I
015526-3
DAP S'PREET USE PERMIT AND MODIF[CATIONS TO TRAFFIC CONIROL
Page 3 of 3
Revision Log
DATE NAME STJNIMARY OF CHANGE
C1TY OF FORT WORTH Lagm� Sq�mre, Phnse 1
STANDA2D CONSIRUCT[ON SPECIFICATION DOCUMENI'S — DEVELOPER AWA2DED PR07ECT5 Ciry� Projec� No. /02077
Revised July i, 201 I
015713-1
DAP STORM WATF.R POLLUTION PREVENTION
Page I of3
2
11 SUMMARY
3 PART1- GENERAL
4
5
6
7
8
SECTION Ol 5� 13
STORM WATER POLLUTION PREVENTION
A. Section Includes:
1. Procedures for Storm Water Pollution Prevention Plans
B. Deviations from this City of Fort Worth Standard Specification
1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 I. Division 0— Bidding Requirements, Contract Forms and Conditions of the
I1 Contract
12 2. Division I— General Requirements
l3 3. Section 31 25 00 — Erosion and Sediment Control
14 1.2 PRICE AND PAYMENT PROCEDURES
IS
16
17
18
l9
20
A. Measurement and Payment
l. Construction Activities resulting in less than 1 acre of disturbance
a. Work associated with this Item is considered subsidiaiy to the various Items
bid. No separate payment will be allowed for Yhis Item.
2. Construction Activities resulting in gi•eater than 1 acre of disturbance
a. Measurement and Payment shall be in accordance with Section 31 25 00.
21 1.3 REFER�NCES
22
23
24
25
26
27
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
28 A. Reference Standards
29 1. Reference standards cited in this Specification refer to the current reference
30 standard published at the time of the latest revision date logged at the end of Yhis
31 Specification, unless a daTe is specifically cited.
32 2. Integrated Storm Management (iSWM) Technical Manual for Construction
33 Controls
34 1.4 ADMINISTRATIV� REQUIR�M�NTS
35 A. General
36 1. Contractor is responsible for resolution and payment of any fines issued associated
37 with compliance to Stormwater Pollution Prevention Plan.
CITY O� PORT WORTH Logm� Squm�e, Plmse /
STANDARD CONSTRUCTION SPGCIFICAT[ON DOCUMENTS— DEVELOPBR AWA2DED PROJ6CTS Ciry� ProjeclNo. /02077
Revised July 1, 2011
015713-2
DAP STORM WATER POLLUT[ON PRBVENTION
Page 2 of 3
1 B. ConstrucCion Activities resulting in:
2 L Less than 1 acre of disturbance
3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and
4 Drawings.
5 2. 1 to less than 5 acres of disturbance
6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
7 Permit is required
8 b. Complete SWPPP in accordance with TCEQ requirements
9 I) TCEQ Small Construction Site Notice Required under general permit
10 TXR150000
I1 a) Sign and post atjob site
12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of
13 Transportation and Public Works, Environmental Division, (817) 392-
14 6088.
15 2) Provide erosion and sediment control in accordance with:
I6 a) Section 31 25 00
17 b) The Drawings
18 c) TXR150000 General Permit
19 d) SWPPP
20 e) TCEQ requirements
21 3. 5 acres or more of Disturbance
22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
23 Permit is required
24 b. Complete SWPPP in accordance with TCEQ requirements
25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee
26 a) Sign and post at job site
27 6) Send copy to City Department of Transpo�tation and Public Works,
Zg Environmental Division, (817) 392-6088.
29 2) TCEQ Notice of Change required if making changes or updates to NOI
30 3) Provide erosion and sedimentcontrolin accordance with:
31 a) Section 31 25 00
32 b) The Drawings
33 c) TXR150000 General Permit
34 d) SWPPP
35 e) TCEQ requirements
36 4) Once the project has been completed and all the closeout requirements of
37 TCEQ have been met a TCEQ Notice of Termination can be submitted.
38 a) Send copy to City Depa�rtment of Transpo�tation and Public Works,
39 Environmental Division, (817) 392-6088.
40 1.5 SUBMITTALS
41 A. SWPPP
42 1. Submit in accordance with Section 01 33 00, except as stated herein.
43 a. Prior to the Preconstruction Meeting, submit a dcaft copy of SWPPP to the City
44 as Follows:
45 1) 1 copy to the City Project Manager
46 a) Ciry Project Manager will forward to the City Depa�tment of
47 Transportation and Public Works, Environmental Division for review
CITY OF FORT WORTtI Lognn Syaare, Phnse !
S'CANDARDCONSTRUCTfONSPECIFICATtONDOCUMENI'S—DEVFI.OPE2AWARDBDPROJECTS Ciry�ProjeclNo.l02077
2evised July 1, 2011
015713-3
DAP STORM WA'CER POLLUTION PREVENTION
Page 3 of 3
I B. ModifiedSWPPP
2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance with Section 01 33 00.
4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED]
6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT US�D]
7 1.9 QUALITY ASSURANC� [NOT USED]
8 110 D�LIVERY, STORAGE, AND HANDLING [NOT USED]
9 111 FIELD [SITE] CONDiTIONS [NOT USED]
10 1.12 WARRANTY [NOT USED]
I1 PART 2- PRODUCTS [NOT USED]
12 PART 3- EXECUTION [NOT USED]
l3
14
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
IS
C[TY OP �ORT WORTH Lognn Square, Phnse I
STANDARDCONST2UCT[ONSPECIFICAT[ONDOCUMENTS—DEVELOPERAWARDEDPROJECTS Cip�Projec(No.l02077
Revised July I, 201 I
01 60 00
DAPPRODUCTR6QUIREMENTS
Page [ of 2
S�CTION Ol 60 00
PRODUCT REQUIREMENTS
PART I- GENERAL
1.1 SUMMARY
A. SectionIncludes:
1. References for Product Requirements and City Standard Products List
B. Deviations fi�om 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 ofthe Contract
2. Divisionl—GeneralRequirements
1.2 PRICE AND PAYMENT PROCEDURES [NOTUSED]
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A list of City approved products for use is available through the City's website at:
https•//apps.fortworthtexas.eov/ProiectResources/ and following the directary
path: 02 - Construction Documents\Standard Products List
A. Only products specifically included on City's Standard Product List inthese Contract
Documents shall be allowed foruse onthe Proj ect.
1. Any subsequently approved products will only be allowed for use upon specific
approval by the City.
B. Any specific product requirements in the Contract Documents supersede similar
products included on the City's Standard Product List.
I. 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.
C. Although a specific product is included on City's Standard Product List, not all
products from that manufacturer are approved foruse, including but not limited to, that
manufacturer's standard product.
D. See Section Ol 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 FORTWORTH Logan Square, Phase L
STANDARDCONST2UC'C[ONSPBC[PICA'ftONDOCUMHNTS—DEVELOPERAWARDEDPROJECTS CityProjectNo.102077
Revised March 20, 2020
OI 60 00
DAPPRODUCTREQUIREMENTS
Page 2 of 2
1.10 DELIVERY, STORAG�, 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 FORTWORTH Logan Square, Phase I
STANDARDCONSTRUCT(ONSPECIPICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS CityPmjectNo.102077
Revised March 20, 2020
016600-1
DAP PRODUCT S'P02AGF: AND HANDI.ING REQUIREMENTS
Page I of4
1
2
3
4
5
6
7
8
9
10
11
12
SECTION Ol 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
PART1- GENERAL
1.1 SUMMARY
A. Section lncludes:
1. Scheduling af 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 fi•om this CiTy of Foit Worth Standard Specification
l. None.
13 C. Related Specification Sections include, but are not necessarily limited to:
14 1. Division 0— Bidding Requirements, Con[ract Forms and Conditions of the Contract
15 2. Division 1— General Requirements
l6 1.2 PRICE AND PAYM�NT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this [tem is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3
[NOT USED]
21 1.4 ADMINISTRATIV� REQUIREMENTS [NOT USED]
22
23
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
24 1.7 CLOSEOUT SUBMTTTALS [NOT USED]
25 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED]
26 1.9 QUALITY ASSURANCE [NOT USED]
27 1.10 DELIVERY AND HANDLING
28 A. Delivery Requirements
29 1. Schedule delivery of products or equipment as required to allow Yimely installation
30 andto avoid prolonged storage.
31 2. Provide appropriate personnel and equipment to receive deliveries.
32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site
33 for personnel or equipment to receive the delive�y.
CITY OF FORT WOR1'H Logmr Square, Plmse 1
STANDARD CONSTRUCTION SPECI�ICATION DOCUMENTS — DEVELOPBR AWARDED PROJECTS Ciry� Projecl No. /01077
Revised April 7, 2014
016600-2
DAP PRODUCT ST02AGE AND HANDLING REQUIREMENTS
Page 2 of 4
1 4. Deliver products or equipment in manuFacturer's original imbroken cartons or other
2 containeis designed and constructed to protect the contents from physical or
3 environmental damage.
4 5. Clearly and fully mark and identify as to manufacturer, item and installation
5 location.
6 6. Provide manufacturer's instructions for storage and handling.
7 B. Handling Requirements
8 I. Handle products or equipment in accordance with Yhese Conh•act DocumenYs and
9 manufacturer's recommendations and inshuctions.
10 C. Storage Requirements
11 1. Store materials in accordance with manufacturer's recommendations and
12 requirements ofthese Specifications.
13 2. Make necessary provisions for safe storage of materials and equipment.
14 a. Place loose soil materials and materials to be incorporated into Work to prevent
IS damage to any part of Work or existing facilities and to maintain free access at
16 all times to all paits of Work and to utiliry service company installations in
17 vicinity of Work.
18 3. Keep materials and equipment neatly and compactly stored in locations that will
l9 cause minimum inconvenience to other contractors, public travel, adjoining owners,
20 tenants and occupants.
21 a. Arrange storage to provide easy access for inspection.
22 4. Restrict storage to areas available on construction site for storage of material and
23 equipment as shown on Drawings, or approved by CiTy's Project Representative.
24 5. Provide off-site storage and protection when on-site storage is not adequate.
25 a. Provide addresses of and access to off-site storage locations for inspection by
26 City's Project Representative.
27 6. Do not use lawns, grass plots or other private prope��ty for storage pu�poses without
28 written permission of owner or other person in possession or control af premises.
29
30
31
32
33
34
35
36
37
38
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, sh•eets 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 Logm� Sgunre, PJrnse !
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMBN'1'S — DEVELOPER AWARDBD Y20JECT5 Ciry� Projec( No. 102077
Revised Apri17, 2014
016600-3
DAPPRODUCTSTORAGEANDHANDLMGRGQUIREMENTS
Page 3 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED)
2 112 WARRANTY [NOT USED]
3 PART 2- PRODUCTS [NOT USED]
4 PART3- �XECUTION
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
i
3]
30
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT US�D]
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 (os] SITE QUALITY CONTROL
A. Tests and Inspections
I. 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]
310 CLEANING [NOT USED]
311 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.
313 MAINTENANCE [NOT USED]
314 ATTACHMENTS [NOT USED]
END OF S�CTION
CITY OF FORT WORTH l,ognn Square, Phnse 1
STANDARD CONSTRUCTION SPECIPICATION UOCUMENTS — DEVELOPFR AWARDED PROJECTS Ciry� Projec( No. l02077
Revised Ap�il 7, 2014
016600-4
DAP PRODUCT STORAGE AND HANDLING RF.QUIREMENTS
Page 4 of A
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/20t4 M.Domeuech Revised for DAP application
CITY OF FORT W02TH Logan Squnre, Plinse 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ciry- Pr ject Na. (02077
Revised April 7, 2014
oi�000-i
DAP MOBILIZ.ATION AND REMOB[LIZA'CION
Page I of 6
1 SECTION 0170 00
2 MOBILIZATION AND REMOBILIZATION
3 PART1- G�NERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 I. Mobilization and Demobilization
7 a. Mobilization
g 1) Transpottation of Contractor's personnel, equipment, and operating supplies
9 to the Site
10 2) Establishment of necessary general facilities for the Contractor's operation
11 at the Site
12 3) Premiums paid for performance and payment bonds
13 4) Transportation of Contractor's personnel, equipment, and operating supplies
14 to another location within the designated Site
15 5) Relocation of necessary general facilities for the Cont�•actor's operation
16 from I location to another location on the Site.
17 b. Demobilization
18 1) Transportation of Contractor's personnel, equipment, and operating supplies
19 away from the Site including disassembly
20 2) Site Clean-up
21 3) Removal of all buildings and/or other facilities assembled at the Site for this
22 Contract
23 c. Mobilization and Demobilization do not include activities for specific items of
24 work that are for which payment is provided elsewhere in the conh•act.
25 2. Remobilization
26 a. Remobilization for Suspension of Work specifically required in the Contract
27 Documents or as required by City includes:
28 1) DemobilizaYion
CITY OF FORT WOR1'H Logan Square, Phase 1
S"CANUARD CONST2UCTION SPEC[PICATION DOCUMENTS — DEVELOPER AWARDED PRO7ECTS City Project No. 102077
Revised Aprii 7, 2014
oi�oao-z
DM MOBII.IZATION AND REMOBILIZATTON
Page 2 of 6
1 a) Transportation of Contractor's personnel, equipment, and operating
2 supplies from the Site including disassembly or temporacily securing
3 eguipment, supplies, and other facilities as designated by the ContracY
4 Documents necessary [o suspend the Work.
5 b) Site Clean-up as designated in the Contract Documents
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
2) Remobilization
a) Transpo�tation of Contractor's personnel, equipme��t, and operating
supplies to the Site necessary to resume the Work.
b) EsTablishment of necessaiy general facilities for the Contractor's
operation at the Site necessary to resume the Work.
3) No Payments will be made for:
a) Mobilization and Demobilization from one location to another on the
Site in the normal progress of performing the Work.
b) Stand-by or idle time
c) LosY profits
3. Mobilizations and Demobilization for Miscellaneous Projects
a. Mobilization and Demobilization
1) Mobilization shall consist of the activities and cost on a Work Order basis
necessary for:
a) Transportation of Contcactor's personnel, equipment, and operating
supplies to the Site for the issued Work Order.
b) Establishment of necessary general facilities for the Contractor's
operation at the Site For the issued Work Order
2) Demobilization shall consist of the activities and cost necessaiy for:
a) Transportation of Contractor's personnel, equipment, and operating
supplies from the SiYe including disassembly for each issued Work
Order
b) Site Clean-up for each issued Work Order
c) Removal of all buildings or other facilities assembled at the Site for
each Work Oder
b. Mobilization and Demobilization do noY include activities for specific items of
work for which payment is provided elsewhere in the contract.
CITY OF PORT WORTH Logan Square, Phase 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDGD P20JECTS City Prqect No. 102077
Revised April 7, 2014
oi �000-s
DAP MOBILIZAT[ON AND REMOBILIZATION
Page 3 of 6
1 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects
2 a. A Mobilization for Miscellaneous Projects when directed by the City and the
3 mobilization occurs within 24 hours of the issuance of the Work Order.
4 B. Deviations from this City of Fort Worth Standard Specification
5 1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0— Bidding Requirements, Contract Forms and Conditions of the ConU�act
2. Division 1 —General Requirements
9 1.2 PRICE AND PAYMENT PROCEDURES
10
11
12
13
14
15
16
17
18
19
A. Measurement and Payment
1. Mobilization and Demobilization
a. Measure
1) This Item is considered subsidiary to the various Items bid.
6. Payment
I) The work performed and materials furnished in accordance with this Item
are subsidiary to the various Items bid and no other compensation will be
allowed.
2. Remobilization for suspension of Work as specifically required in the Contract
Documents
20 a. Measurement
21 1) Measurement for this [tem shall be per each remobilization perfoi7ned.
22 b. Payment
23 1) The work performed and materials furnished in accordance with this Item
Z4 and measwed as provided under "MeasuremenY' will be paid for at the unit
25 price per each "Specified Remobilization" in accordance with Contract
26 Documents.
27 c. The price shall include:
2g 1) Demobilization as described in Section I.l.A.2.a.1)
CITY OF FOR1' WORTH Logan Square, Phase t
STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPBR AWARDED PROJP:CTS City Pr ject No. 102077
Revised April 7, 2014
017000-4
DAP M061LIZAT[ON AND 2EMOBILIZATION
Page 4 of 6
1 2) Remobilization as described in Section 1.1.A.2.a.2)
2 d. No payments will be made for standby, idle time, or lost profits associated this
3 Item.
4 3. Remobilization for suspension of Work as required by City
5 a. Measurement and Payment
6 1) This shall be submitted as a Contract Claim in accordance with Article 10
7 of Section 00 72 00.
8 2) No payments will be made for standby, idle time, or lost profits associated
9 with this Item.
10 4. Mobilizations and Demobilizations for Miscellaneous Projects
11 a. Measurement
12 1) Measurement for this Item shall be for each Mobilization and
13 Demobilization required by the Contract Documents
14 b. Payment
15 1) The Work performed and materials furnished in accordance with this Item
16 and measured as provided under "MeasuremenY' will be paid for at the unit
17 price per each "Work Order Mobilization" in accordance with Contract
18 Documents. Demobilization shall be considered subsidiary to mobilization
19 and shall not be paid for separately.
20 c. The price shall include:
21 l) Mobilization as described in Section 1.1.A3.a.1)
22 2) Demobilization as described in Section 1.1.A3.a.2)
23 d. No payments will be made For standby, idle time, ar lost profits associated this
24 Item.
25 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects
26 a. Measurement
27 1) Measurement £or this Item shall be for each Mobilization and
28 Demobilization required by the Contract Documents
29 b. Payment
30 I) The Work performed and materials furnished in accordance with this Item
31 and measured as provided under "MeasuremenP' will be paid far at the unit
CPCY OF �ORT WORTH Logan Square, Phase I
STANDARDCONSTRUC'CIONSPEC[PICA'PIONDOCUMENTS—DEVELOPE2AWARDEDPROSECTS CityProjectNo.102077
Revised April 7, 2014
oi�000-s
DAP MOI3IL1'LATION AND REMOBILIZATION
Page 5 of 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
price per each "Work Order Emergency Mobilization" in accordance with
Contract Documents. Demobilization shall be considered subsidiary to
mobilization and shall not be paid for separately.
c. The price shall include
1) Mobilization as described in Section 1.1.A.4.a)
2) Demobilization as described in Section l.l.A3.a.2)
d. No payments will be made for standby, idle time, or lost profits associated this
Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMCNTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 INFORMATIONAL SUBMITTAL5 [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE [NOT USED]
1.10 DELIVERY, STORAG�, AND HANDLING [NOT USED]
111 FIELD [SITE] CONDITIONS [NOT USED]
112 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
20 PART 3- EXECUTION [NOT USED]
�
22
END OF SECTION
C1TY OP F02T WORTH Logan Square, Phase 1
STANDARDCONST2UCTIONSPBCIF[CATIONDOCUMBNTS—DBVELOPERAWARDEDPROJECTS CityPrqecWo.102077
Revised Apri17, 2014
O17000-6
DAP MOBILIZAT[ON AND REMOBILIZAT[ON
Page 6 of 6
CITY O� F02T WOR1'H Logan Square, Phase 1
STANDARD CONST2UCTION SPECIPICATION DOCUMENTS — DEVELOPER AWARDBD P20JECT5 City Pwject No. 102077
2evised Apri17, 2014
017423-I
DAPCLEAN[NG
Page I of4
2
3 PART1- G�NERAL
4 11 SUMMARY
5
6
7
�
10
I1
12
13
14
SECTION Ol 74 23
CLEANING
A. Section Includes:
1. Intermediate and final cleaning for Work not including special cleaning of closed
systems speciiied elsewhere
B. Deviations Fi•om 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 ConUacY
2. Division 1— General Requirements
3. Section 32 92 13 — Hydiro-Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Work associated with this Item is considered subsidiary to the various Items bid.
17 No separaYe payment will be allowed for Yhis Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20
21
22
23
24
25
A. Scheduling
I. Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not Fall on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION 5UBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINT�NANCE MATERIAL SUBMITTALS (NOT USED]
�
30
31
32
33
1.9 QUALITY ASSURANCE [NOT USED]
1.10 STORAGE, AND HANDLING
A. Storage and Handling Requirements
1. Store cleanin� producYs and cleaning wasYes in containers specifically designed for
those materials.
CITY OP �ORT WORTH Log<m Syuure, Phnse 1
S1'ANDARDCONSTRUCTIONSPECIF(CA'CIONDOCUMHNTS—DEVELOPERAWARDEDPROJGCTS Ciry�ProjeclNo.102077
Revised Apri1 7, 2014
017423-2
DAP CLEANING
Page 2 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED)
2 112 WARRANTY [NOT USED]
3 PART2- PRODUCTS
n
5
6
7
8
9
10
11
l2
t3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
21 OWNER-FURNISHED [oa] OWNER-SUPPLIEDPRODUCTS [NOT USED]
2.2 MATERIALS
A. Cleaning Agents
I. Compatible with surface being cleaned
2. New and uncontaminated
3. For manufactured surfaces
a. Material recommended by manufacturer
2.3 ACCESSORI�S [NOT US�D]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART3- EXECUTION
3.1 INSTALLERS [NOT USED]
3.2 EXAMINATION (NOT USED]
3.3 PREPARATION [NOT USED)
3.4 APPLICATION [NOT USED]
3.5 REPAIR / R�STORATION [NOT USED]
3.6 RE-INSTALLATION [NOT US�D]
3.7 FIELD [oa] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADNSTING [NOT USED]
310 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 mannec approved by City and regulatory agencies.
CITY OP FORT WORTH Logm� Sq�mre, Phase /
STANDARDCONSTRUCTfONSPECI�ICAT[ONDOCUMENTS—DEVELOPERAWARDEDPROJECTS CiryPo�ojeclNa.102077
Revised Apri17, 2014
017423-3
DAPCLEANING
Page 3 of 4
t 6.
2 7.
3
4 8.
5
6 9.
7
8 10
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Handle materials in a controlled manner with as few handlings as possible.
Thoroughly clean, sweep, wash and polish all Work and equipment associated with
this project.
Remove all signs of temporary construction and activities incidental to construction
of required permanent Work.
If project is not cleaned to the satisfaction of the City, the City reseives the right to
have the cleaning completed at the expense of the Contractor.
Do not bw•n on-site.
B. Intermediate Cleaning during Conshuction
1. Keep Work areas clean so as not to hinder health, safety or convenience of
personnel in existing facility operations.
2. At maximum weekly intervals, dispose of waste materials, debris and rubbish.
3. Confine construction debris daily in strategically bcated container(s):
a. Cover to prevent blowing by wind
b. Store debris away from construction or operational activities
c. Haul from site at a minimum of once per week
4. Vacuum clean interior areas when ready to receive finish painting.
a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance.
5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which
may become airborne or transported by flowing water during the storm.
C. Exterior (Site or Right of Way) Final Cleaning
1. Remove trash and debris containers from site.
a. Re-seed areas disturbed by location of trash and debris containers in accordance
with Section 32 92 13.
2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
that may hinder or disrupt the flow of traffic along the roadway.
3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
junction boxes and inlets.
4. If no longer required for maintenance of erosion facilities, and upon approval by
City, remove erosion control fi�om site.
5. Clean signs, lights, signals, etc.
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USCD]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
C(TY OF FORT WORTI�I Lognu Syuare, Phase !
STANDARDCONST2UCTIONSPECI�ICATIONDOCUMENTS—DEVEI.OPERAWARDEllPROJGCTS Ciry�ProjeclNa.102077
Revised April 7, 2014
oi�a2s-a
DAP CLEANMG
Page d of 4
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
CITY OF �ORT WORTt[ Logan Square, Plrase 1
STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS — DEVELOPGR AWARDED PROJECTS Ciry� Projec( Na. /02077
2evised Apcil 7, 2014
017719-I
DAP CLOSEOUT RHQUIILEMENTS
Page 1 of 3
1
2
3 PART1- GENERAL
4 l.l SUMMARY
SECTION Ol 7'7 19
CLOSEOUT REQUIREMENTS
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations fi�om this City of Fort Worth Standard Specification
8 1. None.
9 C. Related SpeciFicatia� Sections include, but are not necessarily limited to:
10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1— General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this IYem.
16 1.3 R�FERENCES [NOT US�D]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Guarantees, Bonds and Affidavits
19 I. No application for final payment will be accepted until all guarantees, bonds,
20 cer[iftcates, licenses and affidavits required for Work or equipment as specified are
21 satisfactorily filed with the CiTy.
22 B. Release of Liens or Claims
23 1. No application for final payment will be accepted until satisfactory evidence of
24 release of liens has been submitted to the City.
25 1.5 SUBMITTALS
26 A. Submit all required documentation to City's Project Representative.
CITY OF FORT WORTH Logan Square, Plinse !
STANDARDCONSTRUCT[ONSPECIF[CATIONDOCUMEN"f5—DBVELOPERAWARDEDPROJECTS Ciq�ProjectNo.102077
Revised April 7, 2014
oi �� i9-z
DAPCLOSEOUTRHQUl2EMENTS
Page 2 of 3
1.6 INFORMATIONAL SUBMITTALS [NOT USED]
2
3
4
1.7 CLOSEOUT SUBMITTALS [NOT US�D]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EX�CUTION
5 3.1 INSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8 3.4 CLOSEOUT PROCEDURE
9 A. Prior to requesting Final Inspection, submit:
10 1. Project Record Documents in accordance with Section O1 78 39
1 I 2. Operation and Maintenance Data, if required, in accordance with Section O l 78 23
12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
13 O17423.
14
15
16
17
18
l9
20
21
22
23
24
25
2G
27
28
29
30
31
32
33
34
35
36
37
38
C. Finallnspection
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 ContracYor, 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 fi•om the City, immediately wtdertake 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 Conteactor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item o£equipment in full
operation. These special accessory items include, but are not limited to:
a. Specified spare parts
b. Adequate oil and.grease as required for the first lubrication of the equipment
c. Initial fill up of alI chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
£ Vault keys
g. Handwheels
h. Other expendable items as required for initial stait-up and operation oF all
equipment
39 D. Notice of Project Completion
CITY OP PORT WORTH Logan Sgunre, Phnse 1
STANDARDCONSTRUCTfONSPECI�ICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS Ciry�ProjectNo.102077
2evised April 7, 2014
0177(9-3
DAPCLOSEOUTRHQUI2EMENTS
Page 3 of 3
1
2
3
4
5
6
7
8
9
10
11
12
]. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactoiy, 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)
£ Contractor's Evaluation of City
g. Per£ormance Evaluation of Contractor
l3 F. Letter of Final Acceptance
14 1. Upon review and acceptance of Notice of Project Completion and Suppoiting
15 Documentation, in accordance with General Conditions, City will issue Letter of
16 Final Acceptance and release the Final Payment Request for payment.
17 3.5 REPAIR / RESTORATION [NOT USED]
18
19
20
21
22
23
24
25
26
27
m
3.6 RE-INSTALLATION (NOT US�D]
3.7 FIELD (oa] SITE QUALITY CONTROL [NOT USED)
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING (NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
6�']
CITY OF FORT WORTH Logai Square, PHnse /
STANDARDCONSTRUCT[ONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROIECTS CiryProjeclNo.102077
Revised April 7, 2014
017823-I
DAP OPERATION AND MAMTENANCE DATA
Page I of 5
1 SECTION Ol 78 23
2 OPERATION AND MAINTENANCE DATA
3 PART1- GEN�RAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Product data and related information appropriate for City's maintenance and
7 operation of products furnished under Contract
8 2. Such products may include, but are not limited to:
9 a. Traffic Controllers
10 b. Irrigation Controllers (to be operated by the City)
11 c. Butterfly Valves
12 B. Deviations fiom this City of Foit Worth Standard Specification
l3 I. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
IS 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1—General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 I. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REF�RENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Schedule
24 1. Submit manuals in final form to the City within 30 calendar days of product
25 shipment to the project site.
26 1.5 SUBMITTALS
27 A. Submittals shall be in accordance with Section O1 33 00. All submittals shall be
28 approved by the City prior to delivery.
29 1.6 INFORMATIONAL SUBMITTALS
3o A. Submittal Form
31 1. Prepare data in form of an instructional manual for use by City personnel.
32 2. Format
33 a. Size: 8%z inches x 11 inclies
34 b. Paper
35 1) 40 pound minimwn, white, for typed pages
36 2) Holes reinforced with plastic, cloth or metal
37 c. Text: Manufacturer's printed daYa, or neatly typewritten
CI'TY OF FORT W02TH Logmr Syuure, Phnse 1
STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ci(�� Project No. 102077
Revised April 7, 2014
017823-2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
1 d. Drawings
2 I) Provide reinforced punched binder tab, bind in witli text
3 2) Reduce larger drawings and fold Yo size of text pages.
4 e. Provide fly-leaf for each separate product, or each piece of operating
5 equipment.
6 1) Provide typed description of product, and major component patts of
7 equipment.
g 2) P�•ovide indexed tabs.
9 £ Cover
10 1) Identify each volume with typed or printed title "OPERATING AND
11 MAINTENANCE INSTRUCTIONS".
12 2) List:
13 a) Title of Project
14 b) Identity of separate strucYure as applicable
15 c) Identity of general subject matter covered in the manual
I6
17
18
19
20
21
3. Binders
a. Commercial quality 3-ring binders with durable and cleanable plastic covers
b. When multiple binders are used, correlate the data into related consistent
groupings.
4. If available, provide an electronic form of the O&M Manual.
B. Manual Content
22 I. Nea[ly typewritten table of contents for each volume, arranged in systemaTic order
23 a. Contractor, name of responsible principal, address and telephone number
24 b. A list of each product required to be included, indexed to content of the volume
25 c. List, with each product:
26 1) The name, address and telephone number of the subcontractor or installer
27 2) A list of each product required to be included, indexed to content of the
28 volume
29 3) Identify area of responsibility of each
30 4) Loca( source of supply for paits and replacement
31 d. Identify each product by product name and other identifying symbols as set
32 forth in Contract Dowments.
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
2. Product Data
a. Include only those sheets which are pertinent to the specific product.
b. Annotate each sheet to:
1) Cleazly identify speciftc product or pati installed
2) Clearly identify data applicable to installaYion
3) Delete references to inapplicable information
3. Drawings
a. Supplement product data with drawings as necessary to clearly illustrate:
1) Relations of component parts of equipment and systems
2) Control and flow diagrams
b. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation.
c. Do not use Project Record Drawings as maintenance drawings.
4. Written text, as required to supplement product data for the particular installation:
a. Organize in consistent format under separate headings fa• different procedures.
b. Provide logical sequence of instructions of each procedure.
CITY OF FORT WORTH Lognn Squm�e, PHrise /
STANDA2DCONSTRUCPIONSPECIFICATIONDOCUMENTS—DEVELOPERAWA2DEDPROJECI'S CiryR�ojectNa.102077
Revised April 7, 2014
017823-3
DAP OPERATION AND MAM'CENANCE DATA
Page 3 of 5
t 5. Copy of each warranty, bond and service contract issued
2 a. Provide information sheet for City personnel giving:
3 I) Proper procedures in event of failure
4 2) Instances which might affect validity of warranties or bonds
5 C. Manual for Materials and Finishes
6 l. Submit 5 copies of complete manual in final form.
7 2. Content, for architectural products, applied materials and finishes:
8 a. Manufacturer's data, giving full information on products
9 1) Catalog number, size, composition
10 2) Color and textw�e designations
11 3) Information required for reordering special manufactured products
12 b. Instructions for care and maintenance
1; l) Manufacturer's recommendation for types of cleaning agents and methods
14 2) Cautions against cleaning agents and methods which are detrimental to
�5 product
16 3) Recommended schedule for cleaning and maintenance
17 3. Content, for moisture protection and weather exposure products:
18 a. Manufacturer's data, giving full information on products
19 I) Applicable standards
20 2) Chemical composition
21 3) Details of installation
22 b. Instructions for inspection, maintenance and repair
23
24
25
26
27
28
29
30
31
32
33
34
35
3G
37
38
39
40
41
42
43
44
45
46
47
48
D. Manual for Equipment and Systems
1. Submit 5 copies of complete manual in final form.
2. Content, for each unit of equipment and system, as appropriate:
a. Description of unit and component paMs
1) Function, normal operating characteristics and limiting conditions
2) Performance cuives, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Operating procedures
I) Sta�t-up, break-in, routine and normal operating inst�uctions
2) Regulation, control, stopping, shut-down and emergency instructions
3) Summer and winter operating insYructions
4) Special operating instructions
c. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Aligiiment, adjusting and checking
d. Servicing and lubrication schedule
I) List of lubricants required
e. Manufacturer's printed operating and maintenance instructions
£ Description of sequence of operation by control manufacturer
1) Predicted life of pa�ts subject to wear
2) Items recommended to be stocked as spare parts
g. As installed conteol diagrams by controls manufacturer
h. Each contractor's coordination drawings
1) As installed color coded piping diagrams
CITY O� P02T WORTI{ Logau S9uare, Plrnse l
STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS Ciry�ProjeclNo.l02077
Revised Apri17. 2014
017823-4
DAP OPERATION AND MAMTENANCE DATA
Page 4 of 5
I i. Charts of valve tag numbers, with location and function of each valve
2 j. List of original manufacturer's spare parts, manufacturer's current prices, and
3 recommended quantities to be maintained in storage
4 k. Other data as required under pe�tinent Sections of Specifications
5 3. Content, for each electric and electronic system, as appropriate:
6 a. Description of system and component parts
7 1) Function, normal operating characteristics, and limiting conditions
8 2) Performance curves, engineering daYa and tesTs
9 3) Complete nomenclature and commercial number of replaceable parts
10 b. Circuit directories of panelboards
I1 1) Electrical service
12 2) Controls
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3) Communications
c. As installed color coded wiring diagrams
d. Operating procedures
I) Routine and normal operating inst�vctions
2) Sequences required
3) Special operating instructions
e. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Adjustment and checking
f. Manufacturer's printed operating and maintenance instructions
g. List of original manufacturer's spare paits, manufacturer's current prices, and
recommended quantities to be maintained in storage
h. Other data as required under pe�tinent Sections of Specifications
4. Prepare and include additional data when the need for such data becomes apparent
during instruction of City's personnel.
30 1.7 CLOSEOUT SUBMTTTALS [NOT USED]
31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
32 1.9 QUALITY ASSURANCE
33 A. Provide operation and maintenance data by personnel with the following criteria:
34 1. Trained and experienced in maintenance and operation of described products
35
36
2. Skilled as technical writer to the extent required to communicate essential data
3. Skilled as draftsman competent to prepare required drawings
C1TY OF F02T WORTH Logan Square, Phnse l
STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS — D6VELOPER AWARDED PROJECTS Ciq� ProjecWo. 102077
2evised Apri17, 2014
017823-5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
I 1.10 D�LIVERY, STORAGE, AND HANDLING [NOT USED]
2 111 FIELD [S1TE] CONDITIONS [NOT USED]
3 112 WARRANTY [NOT USED]
4 PART 2- PRODUCTS [NOT USED]
5 PART 3- EXECUTION [NOT U5ED]
6 �ND OF SECTION
Revision Log
DATE NAME SUNIMARY OF CHANGE
8/31/2012 D. Johnson LS.A.I — title of section removed
4/7/2014 M.Domenech Revised for DAP Application
CITY OF FORT WORTH Logmr Square, Phnse /
STANDARD CONSTRUC'LION SPECIFICAT[ON DOCUMENTS— DGVELOPBR AWARDED PROJEC'TS Ciry� ProjectNo. 102077
Revised April 7, 201A
017839-I
DAP PROIEC"1' [2ECORD DOCUMENTS
Page 1 of 4
1
2
3
0
5
6
7
8
9
10
11
12
13
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
a Sanitary Sewer Service Reports
d. Large Water Meter Reports
B. Deviations fi•om this City of Fo�¢ Worth Standard SpeciFication
1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1— General Requirements
17 1.2 PRICE AND PAYMENT PROC�DURES
IS A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21
22
23
24
25
26
27
28
1.3 REFER�NCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREM�NTS [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]
29 1.9 QUALITY ASSURANCE
30
31
32
33
34
35
36
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 sucli 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 Lognrc Square, Phase /
STANDARDCONSTRUCTIONSPECIF[CATIONDOCUMENTS—DEVELOPGRAWARDEDPROlECTS CiIJ�ProjectNo.102077
Revised Aprii 7, 2014
017839-2
DAP NROJECT 2BCORD DOCUMENTS
Page 2 of4
1
2
3
4
5
G
7
8
9
10
I1
12
13
14
IS
16
17
18
19
20
21
22
3. To facilitate accuracy of records, make entries within 24 hours after eeceipt 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 thejob set of Record DocumenYs 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 necessacy 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.
l.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART2- PRODUCTS
2.1 OWNER-FURNISHED �on] OWNER-SUPPLIED PRODUCTS [NOT USED]
2.2 RECORD DOCUMENTS
A. Job set
I. Promptly following receipt of [he Notice to Proceed, secure from the CiTy, at no
charge to the Contractor, 1 complete set of all Documents comprising the Contract.
23 B. Final Record DocumenYs
24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide
25 the City 1 complete set of all Final Record Drawings in the Contract.
�
27
�
29
30
31
32
2.3 ACC�SSORIES [NOT USED]
2.4 SOURCE QUALITY CONTROL [NOT USED]
PART 3 - EXECUTION
31 INSTALLERS [NOT USED]
3.2 EXAMINATION [NOT USED]
3.3 PREPARATION [NOT USED]
3.4 MAINTENANC� DOCUMENTS
33 A. Maintenance of Job Set
34 I. Immediately upon receipt of the job set, identify each of the Documents with the
35 title, "RECORD DOCUMENTS - JOB SET".
CITY OP FORT WORTH Logau Syaare, PGnse l
STANDARD CONSTRUCTION SPECIPICAT[ON DOCUMENTS — DEVELOPER AWARDED P207EC1'S Ciry� Project No. l02077
Reviscd April 7, 2014
017839-3
DAP PROJECT RECO2D DOCUMHNTS
Page 3 of4
1 2. Preservation
2 a. Considering the Contract completion time, the probable number of occasions
3 upon which the job set must be taken out for new entries and for examination,
4 and the conditions under which these activiYies will be performed, devise a
5 suitable method for protecting thejob set.
6 b. Do not use the job set for any purpose except entry of new data and for review
7 by the City, until sta�t of transfer of data to final Project Record Documents.
8 a Maintain the job set at the site oFwork.
9 3. Coordination with Construction Sucvey
10 a. At a minimum clearly mark any deviations from Contract Documents
11 associated with installation of the infrastructuce.
l2 4. Making entries on Drawings
13 a. Record any deviations from Contract Documents.
14 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
15 change by graphic line and note as required.
16 c. Date all entries.
17 d. Call attention to the enGy by a"cloud" drawn around the area or areas affected.
18 e. In the event of overlapping changes, use different colors for the overlapping
�
changes.
20 5. Conversion of schematic layouts
21 a. In some cases on the Drawings, anangements of conduits, circuits, piping,
22 ducts, and similar items, are shown schematical(y and are not intended to
23 portray precise physical layout.
24 1) Final physical arrangement is determined by the Contractor, subject to the
25 City's approval.
26 2) However, design of future modi£cations of the facility may require
27 accurate information as to the final physical layout of items wliich are
28 shown only schematically on the Drawings.
29 b. Show on the job set of Record Drawings, by dimension accurate to within 1
30 inch, the centerline of each run of items.
31 1) Final physical arrangement is determined by the Contractor, subject to the
32 City's approval.
33 2) Show, by symbol or note, the ve�tical location of the Item ("under slab", "in
34 ceiling plenum", "exposed", and the like).
35 3) Make all identification sa�ciently descriptive that it may be related
36 reliably to the Specifications.
37 c. The City may waive the requirements for conversion of schematic layouts
38 where, in the City's judgment, conversion serves no useful purpose. However,
39 do not rely upon waivers being issued except as specifically issued in writing
40 by the City.
41
42
43
44
45
46
47
48
B. Final Project Record Documents
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.
a Call attention to each entry by drawing a"cloud" around the area or areas
affected.
CITY OF FORT W02TH Logm� Sq��are, Plrase 1
STANDARD CONSTRUCTION SPECIrICATION DOCOMEN'TS — DEVELOPE2 AWARDED PROII3CTS Ciry� Project No. 102077
2evised April 7, 20I4
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
oi�ss9-a
DAP PROJECT RECORD DOCUMENTS
Page J of 4
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other pocwnents
a. If the Documents, other than Drawings, have been kept cfean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE-INSTALLATION [NOT USED)
3.7 FIELD [oa] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT US�D]
3.9 ADJUSTING [NOT USED]
310 CLEANING [NOT USED]
311 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application
GTY OF EORT WORTIi Logmi Square, Pl�ase 7
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDHD PROIECTS Cip� A�ojec( No. l02077
Revised April 7, 2014