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HomeMy WebLinkAboutContract 54654-PM2FORT WORTH ·�,,,., � PROJECT MANUAL FOR THE CONSTRUCTION OF LOGAN SQUARE -PHASE 1 WATER, SANITARY SEWER, STORM AND PAVING 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 "X" No. X-26072 Betsy Price Mayor David Cooke City Manager Christopher P. Harder, P .E. Director, Water Department David V. Magafia, P .E. City Engineer, Transportation and Public Works �-� . .l ... {,:;t, \t. � ... ;. .. * ····:t, ·� I! *'l , ... ,--.,i Prepared for The City of Fort Worth September 2020 ,el PAPE-DAWSON /JI 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 '-*' ••p,-�4··· ··········�········ ... ,) .. ,.�·l ASHL:&Y .N. WILUAM81. ·� .... , .......... , ... :,,, .. � .. 'J,,"''l ,,�\. 1t!�_89 l�.f t,'i)�·· .. �'ceNat.C?,··�,,,,,, ,, �,. ••••••••• �lo\� J ,, 1110NA\.1oo':._--'''�(' "\ /ioio CSC No. 54654-PM2 00 00 10- I TAHLE OF CONTENTS FOR DEVELOPER AWARDED PR07ECTS Pnge ] of 4 SECTION 00 00 10 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 TABLE OF CONTENTS D�VELOPER AWARDED PROJECTS Division 00 - General CondiHons 8�1-:--ri� r.,.,:«,.«:,... «,. n:aa,...,, B9-��:zi� r,.,.«....,.�;,. ,.n:aa,...,, 89 41 99 �i� �'ert� 00 42 43 Proposal Form Unit Yrice 984�13 ��on� 00 45 I 1 Bidders Prequalification's 00 45 12 Prequalification Statement 99 43 13 o:aa,,.. n..�,.. ..i;r.,..,.:,.., n.,..i:,....:,.., 00 45 26 Contractar Compliance with Workers' Compensation Law 8�4� ^ �A4it�ty-Bxsine�s �nEerprise fea; 00 52 43 Agreement 00 61 25 Certificate of Insurance 00 62 13 Perfoi7nance Bond 00 62 14 Payment Bond 00 62 19 Maintenance Bond 00 72 00 General Conditions 00 73 00 Supplementaiy Conditions 00 73 10 Standatd City Conditions of Yhe Construction Contract for Developer Awarded Projects Division Ol - General Requirements O1 11 00 Summaiy of Work A1-�c n�n—c.�w�.,..:,._ nnaz.�-r:ro��,.,.,.a....,� 01 31 19 Preconshuction Meeting 9� 31z9 gt�eTee'�"ee'aags 0-1 3?-:v� �a;,sE._.,.«:�o., o..,.�s.,-Seke�tt'� 91 3-2 3� n..e ...............«:,,.. �r.a,.,. O1 33 00 Submittals O1 45 23 Testing and Inspection Seivices Ol 50 00 Temporary Facilities and Conh•ols O1 55 26 Street Use Permit and Modifications to Traffic Control O1 57 13 Storm Water Pollution Prevention Plan O1 60 00 Product Requirements O1 66 00 Product Storage and Handling Require�nents 01 70 00 Mobilization and Re�nobilization 9� '���3 Eonst��e�ien S�al:ing O1 74 23 Cleaning O1 77 19 Closeout Requirements O1 78 23 Operation and Maintenance Data O1 78 39 Project Record Documents CITY OF FORT WORTH [,agan Syxm�e, Phase l STANDARDCONSTRUCTIONSPF.CIF[CATIONDOCUMENTS—DEVELOPERAWARDEDPROSECTS Ci1pA�ojecl#l02077 2evised September 1, 2015 00 0o io- z TAALB OF CONTHN'PS FOR DP.VGLOPBR AWARDP.D PR07ECTS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 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 4S 46 47 48 49 50 Tecimical Specifications which have beeu modified by the Engi�ieer specifically for this Pi•oject; hard copies ai•e included in the Project's Cmitract Documents NONF Technical Specifications listed below are included foj• this Yroject by reference and can be viewed/dowuloaded from the City's Buzzsaw site at: htus�//�iectpoint buzzsaw com/client/fortwortheov/Resources/02%20- %20Constnicti on%20Documents/Specifications Divisimi 02 - ExisHng Couditimis 02 41 13 Selactive Site Demolition 02 41 ]4 Utility Removal/Abandonment 02 41 IS Paving Removal Division 03 — Cmicrete 03 30 00 Cast-In-Place Concrete 93 34—r3 r,...«.,.ii,.a r,..., o...e..,.«i, n,r,,.,...;,.i irr or,n 03 3�4 16 Concrete Base Material for Trencli Repair 03 80 00 Modifications to Existing Conerete Structures Divisiou 26 - Electrical 26 OS 00 Common Worlc ResulYs for Electrical 26 OS 10 Demolitiion for Elechical Systems 26 OS 33 Raceway and Boxcs for Elechical Systems 26 OS �!3 Underground Ducts and Raceways for Electrical SysYems Divisiou 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embanlnnents 31 25 00 Erasion and Sediment Control � � t n�o-���',vnS 31 37 00 Riprap Division 32 - Exterior Impravemeuts 32 O 1 17 Permanent Asphalt Paving Repair 32 O1 18 Temporaty Asphalt Paving Repair 32 O1 29 Concrete Paving Repair � �-.T��� ci,...:tii,. n..,,,, �,.....,.,,. 32 11 29 Lime Treated Base Courses ��,�r' 33 �,...,..,...« -r..,.,.,.,.a n,.,,,. �,.....,.,.,, 32 12 16 Aspl�alt Paving 3� 1� 73 n....i...it n.. ,. �:'uc.c Sea:a..�., 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Rainps 32 l3 73 Concrete Paving Joint Sealants � t n i c n..: i. r r..: f n,...:..,. 32 16 13 Concrete Curb and Gutters and Valley Gutters CITY OF POR'I' WOR'fH Logaii Square, Phase 1 STANDARDCONSTRUC7'IONSPECIFICATIONDOCUMP.NTS-DF.VRLOPERAWARDEDPR07ECTS Cip�Prajec1R102077 Revised Septem6er 1, 2015 00 00 10- 3 TABI.P, OF CONTENTS FOR DEVGLOPER AWARDED PROIEC7'S Page 3 of 4 I 32 17 23 Pavement Markings 2 32 31 13 Chain Link Fences and Gates 3 32 �1 26 ur.... � ......... ....a n,.«,.,. 4 3i 3-1-� �z�,.,.a..�a��,...,.,.s-a; a.a-�A^��s 5 3i 3i-;-3 �..,.. :., ni..,,,, n,... .„.,, n,.«,,:..:..,. �x�..ii.. 6 32 91 19 Topsoil Placement and Finishing of Parkways 7 32 92 13 IIydro-Mulcl�ing, Seeding, and Sodding 8 32 93 43 Trees and Shcubs 10 Division 33 - Utilities 11 33 01 30 Sewer and Manhole Testing 12 33 01 31 Closed Circuit Te(evision (CCTV) Inspection 13 33 03 10 Bypass Pumping of Existing Sewer Systems 14 33�n in r,.:.,.n,...a:.,,.....a ni,.,.«..:,.,,i T,,,.i...:,.., IS 33�n i i � r i-r c+ � 16 33�^^,T�A4ag,�.��a�. .��.ea2�^�.^a�eD.�R<«.,n�ysY� 17 �3-�-�9 �r.......,...,...., �x�...,,.. c,,,.. . : 18 33 04 40 Cleaning and Acceptance Testing of Water Mains ]9 33OS10 20 33 OS 12 21 33 OS 13 22 33 OS 14 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 33 OS 16 Utility Trench Excavation, Embedment, and Bacicfill Water Line Lowering Frame, Cover and Grade Rings Adjusting Manholes, Intets, Valve Boxes, and Other Structures to Grade Concrete Water Vaults 33 OS 17 Concrete Collars 33�3-i9 �4ager�e�ing 33��2 i �r......,.i r :«,,.. ni,.�,. 33 OS 22 Steel Casing Pipe 33 OS 23 Hand Tunneling 33 OS 24 Installation of Cairier Pipe in Casing or Tunnel Liner Plate 33 OS 26 Utility Markeis/Locators 33 OS 30 Exploratoiy Excavation for Existing Utilities 33� � ��--r^�-8.,,.«:�,.�T oa�..,.., n:� 33 11 I 1 Ductile H�on Fittings 33 1 I 12 Polyvinyl Chloride (PVC) Presswe Pipe 33��i � � ............. n.„,.,.....,, n:..,. n,.. �x�......,.,,a c.evi r i:.,a:': �r , j'. , . jt... 33 I I 14 Buried SCeel Pipe and Fittings 33—I-'�i � n. .. ...........�a n,...,...,.«,. �.,i:..a,... n:..,, 33 12 10 Water Services 1-inch to 2-inch ��—�� � i r,.,.T,. �x�,.«.... nrt,.a,...,. 33 12 20 Resilient Seated Gate Valve 33-Iz � i n�znx� n o..�.ti,... c..,.«,.a n..«.,,.+�.. v,.i.,,... 33 12 25 Connection to Existing Water Mains 33-1r3A n w• n:..��..i..,. n,,,,,...,wi:,,,, �,. n,..,.ai,. �x�,.«,,.. oy�,n„,� 33 12 40 Diy-Barrel Fire Hydrants 33 12 50 Water Sainple Stations 33 12 60 Blow-off Valves r+ . r _ • _ _ _ 1 1 � � CITY OP FORT W027'H Logm� Sgum�e, Pdase ! STAIVDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS — UEVELOPE2 AWARDGD PROJECTS Citp Pr ject N 102077 ReviseA September 1, 2015 00 00 10- 4 TABLE OF CONTENTS FOR DF.VBLOPER AWARDED PROSECTS Page 4 of 4 1 33 31 21 Polyviuyl Chloride (PVC) Closed ProSle Gravity Sanitary Sewer Pipe 2 33 3-� �� a...,:,.,,_.. c,,...,... ci:.. r;..:,.,. 3 33 31 �3 e,. , c,. . n:..e �.,i„ �. .., 4 33 31 50 Sanitary Sewer Seivice Connections and Service Line 5 33 3� �n �,.._�:..,..:,.., n:.. ��,.i. . F,... a,.,.:«,,.... a,....,... �,...,.,. r.n..:..,. 6 33 39 10 Cast-in-Place Concrete Manl�oles 7 33 39 20 Precast Concrete Manholes s a� a� ae �;,��....,��� r��..u���� 9 333�I-nn �x�...,«,,...,..,,.n,.,..,..n�,,..,.w,...i�x�n�� 10 33 39 60 Epoxy Liners for Sanitaiy Sewer Stiuctures 11 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12 33-4 ��� ur�o� c«,....., o,....,... n:..,, 13 33��08—���'- a���r� 14 33�� ^�—o=a� �a p•� ^, n�a...� I S 33�` ^�—Tt�eneh Bt•�in � 16 33 49 10 Cast-in-Place Manholes and Junction Boxes 17 33 49 20 Curb and Drop Inlets 18 33 49 40 Stoim Drainage Headwalls and Wingwalls 19 20 Divisim� 34 — Transportation 21 34- i� n �r...rr.,, a:,..,,.i,. 22 34-nnTi � n .......:.... .r..,.rr.,, a:,.....i,. 23 34 41 20 Roadway Illumination Assemblies 24 34 41 30 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 71 13 Aluminum Signs Traffic Conrirol Appendix � n ni n.,..:i..w:i:...,.rr....a„ � e m c..u,....v,.,.,. ,...a m..,,,:,...i �,...a:«:,...,. �E�-.04 , r..a ................ �,.,.:,:«;,.,. � n nc rr .a ❑ i n a• � e� � '� G nc n T,r :......:.. ...a �x�,.«, « n...«�.1 n.. .. �`.,t ,.� ��.., I;�,,,,o o,.Y'. ,.Y..u..�� � c,nn n,,....,:.,.....a r�«:i:«:,.,, � c �n r.,..,a:....,.:w.;....«:,. � ni c�_nn �a..vnv�_=<• nC�i;«^s� icni5 39 END OF SECTION CITY OP PORT WORThI I.ogm� Syum�e, Phase 1 STANDARD CONSTRUCTION SPF.CiFICA"PION DOCUMENTS — DEVELOPER AWARDEU PROJHCTS City A�oject N 102077 Revised September I, 2015 0o n: n3 DAP � Om PROPoSAL Pnge I of4 SECTION 00 42 43 DeveloperAwarded Projecls - PROPOSA� FORM UNIT PRICE BID Bidder's Application Praject Item Infortnwtion Hidder's Proposnl Hidlistltem Descriplion Specifica�ionSectimiNo. Unitof Bid UnitPrice BidValne No. Measure Qunntiry UNIT I: WATER IMPROVEMENTS 1 3305.0309Trench5afe[V 330510 LF 1],)65 $0.35 $ 2,669.]5 2 3351.0001Du<lilelronWale�Fittingsw/flestraint 331113 TN ]3.20 $).060.OJ $ 93,191.92 3 3311.02418"WaterPipe 331130,331112 lF 14,J85 $21.35 5 335,659.J5 0 3313.054116"WaterP�pe 331110,331112 LF 3,990 $65.55 $ 195,994.50 5 3312.0001 FireMydrant 331240 EA 25 54,031.)5 5 10p,]93.]5 6 3312.10023"CombinationAirValveAssemblyforWater 331230 EA I 59,4)5.00 $ 9,4J5.00 ) 3312.30031"WatetServlce 331210 EA 36) $915.49 $ 335,994.83 a 33�z.uosis°wacerservme an�zio ea z S�,oum 5 a,oso.00 9 3332.30038"GateValve 331220 EA 51 $3,239.6I $ 63,220.62 10 3312.30p616"GateValvew/Vauit 331220 EA 3 $15,333.81 $ E5,995.43 it 3312.O1O8Connec[ioncoExisting2a"WaterMaln 3312i5 EA 2 $2.]3J.54 $ 4,455.�8 12 0341.OSOORemovefence 024113 LF 3U $6.89 $ 206.]0 13 0241.I100ftemoveAsphaltPvmt Oi4115 SY I50 $16.19 $ 3,928.50 10 3231.01114'ChainLink,S[eel 323113 lF 30 528.94 $ 868.20 15 3201.0201AsphaltPvmtRepal�BeyondDefinedWidth,0.esitlentiai 32011) SV 150 $166.03 $ 24,901.50 16 3201.OEOOTemporaryAsphal[PavingRepair 320118 LF 00 $145.16 $ 5,806.40 SJ 2605.30314"ConduitPVC5ch00�T� 260533 LF ]90 $11.25 5 3,263.50 18 19 20 TOTAL UNIT I: WATER IMPROVEMENTS $7,270,460.43 CRY OF FORT NORTH SiANUARp CONSSRUCTION SP[CIFICAiIONDOCUh1ENTS- �EVELOPERA0.�ARDED PROIECfS Logmr S�iin�e, �linse 1 Fo�i�iVersian5ry�hiniKr1.2015 Ciq'H'o%ecrNo.lO�OI] 00 d2 J3 UAP-BIDPROPOSAL Pogc i ofa SECTION 00 42 43 Developer Awarded Pmjects - PROPOSAL PORM ����►r�J:7t��n Bidder's Application Projec� Item Infortnntion RiAder's Proposnl Bidlix� Ilem Descciption SpeciRcalion Sec�ion No. U°�� of B�d Unit P�ice Bid Valne No. Mea Qimntity UNIT II: SANITARY SEWER IMPROVEMENTS 1 3301.0002 Post�CCNlnspectian 330131 LF 30,4J4 $1.50 $ 21,J11.W 2 3341.0101 ManholeVa[uumTesting 330130 EA )2 $108.50 $ J,81l.Op 3 3305.0309TrenchSafety 330510 lF 10,G]0 $0.38 $ S,SOO.Ii 4 33o5.100320"CasingByOpenCut 330522 Li 105 $155.09 $ 36,2)9.20 5 3331.31034"Sewe�Sery 33335a EA 3fi4 $)09.15 $ 258,130.60 6 3331.AI158"PVCSewerPipe 331110,333112,333120 lF 32,GE5 $2J.50 $ 342,23).SO J 3331.43168"SewerPipe,C558ackfll 331110,333112,333120 LF ]65 $96.83 $ 35,820.95 8 3331.420110"SewerPipe 331130,333112,333120 LF 1,2E4 $9�.15 5 49,946.60 9 3331.420210"SewerPipe,C558ackfil 333110,333t12,333]20 LF 20 $49.31 $ 986.20 30 3339.10014'Manhole 333910,333920 EA )2 $3,324.10 $ 239.335.20 31 3339.10034'Ev[�aDeO�hManhole 343910,333920 VF 231.4 $110A2 5 16,416.19 32 0330.00plConcre[e5ewerEn�aseSewerPipe 033000 LF 230 $39.24 $ 9,025.2� 13 0201.1WOflemoveConcPvmt O14115 SY 25 $20.55 $ 513.]5 14 0241.11W PemoveRSphaifPvmt 024115 SY 220 521.83 5 0,803.60 15 320].0202Asphai[PrmtRepairBeyand0efnedWidlM1,Arterial 320111 SY 320 $16).85 $ 36,92�.00 16 3201.0634ConcPvmtPepair,Residenttal 330129 SY 25 $]5.95 5 1,898.)5 1J 34)I.00O1TraHicCantml 3d)113 MO 1 $2,112.50 $ 2,J13.50 1H 19 20 70TALUNRO:SANITARYSEWERIMPROVEMENTS $7,060,119.96 Clfl'OFFORT\VORiH STANDARDCONSTRUC'itON SPECffICAitON OOCUM1IIN�S-O£VELOPERAII�AItDED PROJ[CiS Lognn Sqirme, Plio.ce t Fmm Vttsion 5ryt<n�bcr 1.2015 i(��A�a%ec�No. t0�0�] aouzu3 DAP-ANPROPOSN, PageJ ofJ SECTION 00 42 43 Developer Awarded Projec[s - PROPOSAL PORM UNIT PRICE BID Bidder's Appiication Project Ite�n Infomiaiiov Bidde2s Pmposal Bidlistllem pescriptiou Spe�ificationSectionNo. Unitof e�d UuitP�ice BidValue No. Mea QnanUry UNIT III: ORAINAGE IMPROVEMENTS 1 3323.O103UnclassifiedExcavaHon(RoadsideDihh) 312316 CY 3,500 5).23 $ 25,305.W 2 3305.0309Trench5afe[y 330510 LF 9,06J $0.30 $ 2,J2fi.30 3 33E1.020121"PCP,Claulll 324110 tF 924 $59.39 $ 54,BJ6.36 4 3341.020529"RCP,CIassill 334110 LF 2,064 56).BO 5 139,939.]0 5 3341.030230"RCV,Classlll 33411� LF ]15 582,38 $ 59,)25.50 6 33E1.030936"RCP,Oasslil 346110 LF ]20 $114.89 $ 82,)20.8� ] 3341.040259"qCP,Qassllt 334110 LF 18G 5253.21 $ 46,593.98 8 3341.11014x26ovCulver[ 334110 lF 32 $210.93 $ 6,]49.J6 9 3301.11034K3BoxCulvert 334110 LF 1,32) $223A9 $ 296,SJ1.23 10 3301.12015K38owCulven 334110 tF 581 $166.05 $ 354,SJ5.05 31 3341.13026x38o�Culvert 33a110 li 6�2 $338.33 $ 203,6)4.66 12 3301.1401 ]x3BoxCuivert 334110 LF 22> $011.01 $ 93,299.2) 13 3341.i5008M38oxCulvert 33q11p LF 632 $454.92 $ ]BJ,5�9.40 14 3341.15�38K4BoxCulvert 3G4130 LF 56) $691.11 $ 2J8p59.3] 15 33Ci.1W19K48oKCulvert 334310 tF 120 5502.�4 $ 65,118.80 16 3341.210111x4BoxCulvert 334110 lF 336 $1I0.9] $ 181,948.92 1J 3301.120213x58axCulvert 339110 LF 1E6 $939.90 $ 13),225.40 SB 3349.OWI4'Sfo�mlunRlonBox 334910 EA 3] $3,906.00 $ 66,402.W 19 3349.00025'S[o�mlunctionBox 334910 EA 4 $4,55J.00 $ 18,228.00 20 3369.00036'StarmlunclionBox 334910 EA 2 $S,fi96.25 $ 13,393.50 21 3349.000�]'StormlunciionBox 344910 EA 1 56,]B1.15 $ 6,)81.35 32 3349.OpO65�o�mlunction5�ructu�e�8'x5'Dropinle�� 3549I� EA I $13,950.00 $ 13,950.00 23 3309.00065[armlunciionSt�ucture(10'x10') 354930 EA 1 $15,3]9.88 $ 35,3)9.88 2Q 3369.U006S�ormlun[tionStructure(13'xll'� 364910 EA 1 $]0,506.50 $ 30,506.50 25 3349.00p65rormlun<lion5iruc[ure�14'x10'� 334910 EA 1 510,506.50 $ 20,506.50 26 3349.01024'ManholePiset 33<910 EA 3 $2,iJ0.00 $ 6,530.00 2> 33<9.SOp130'Cu�binlet 330910 EA 38 $4,881.50 $ 185,53500 28 33C9.500215'Curbinlet 334930 E/ 2 $5,50p.0p 5 II,OOp.pO 29 3349.600110'RecesSedlnlet 334920 EA ] $5,045.25 $ 35,316.)5 30 3349.J0010'proPinlet 334920 EA 1 $4,340.00 S 4,300.00 31 33d9.)0035'Drapinlet 334920 EA 5 56,510.00 $ 32,SSO.W 32 3309.40013ET,TypelforBoxCulverts�8'x3'� 334940 EA 1 $9$48.00 5 9,598.00 33 3349.00p1SEt,TypelforBoxCulverts�l2'x5') 34d9p0 EA 1 51),998.35 $ 1),808.25 34 33E9.410)30"SET,Spipe 3]4940 EA 1 $3,150.00 $ 3,350.00 35 3349.01145G"SET,3pipe 334940 EA 1 $5,96].50 $ 5,96),50 36 313J.0104 MedlumSroneRip�aO�dty 313>Op SY 1,335 $105.]9 $ 119,013.)5 3) 02a1.1WOPemoveUncPvmt 024335 SV 100 $1J.66 $ 1,J86.00 38 � 024t.11W RemoveASphalfPvmt 024115 SY ],560 $15.82 $ 40p99.20 39 0241.3501ftemoveStarmluncUonSttu<Nre&Pipe 02q114 LS 1 $950.00 $ 950.00 9� 3201.0900TemporaryAsphrltVavingRepair 320118 LF 321 $195.16 $ 1],564.36 91 3201.0614[ancNm[Repalr,Residen�ial 320339 SY 100 $81.38 $ 8,138.CU 02 34]1.0001TrafflcConiroi 34JI13 MO 1 532,333.00 $ 32,333.00 43 9999.00016'-PilotChannei SY 543 $85.40 $ 06,393.92 44 9999.00031n1etProte<Gon EA 54 $2)1.25 $ 14,64).5� OS 9999.OW35WPPPMaIn[enance MO ) $2,650.00 5 18,554.00 TOTAI UNIT III: URAINA6E IMPROVEMENTS E2,907,815.2U rtY OF FORT WORiIi STAM]ARDCONSIRUCTfON SPECQICATION DOCIR.lENTS -OEVSLOPER A0.�A2O[D PROIE(TS Lagn�r 59�inre, Pl�nie / Fo�m Vaaion Sry�euJ�er 1.2015 Ci�.Prol�riNo. )0�0I1 W i2 Jl OAP-BIDPROPoSAL PnR= � ofJ SECTION 00 42 43 Developer Awarded Projecis - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Informntinn eidJer's Pro��osnl HiAGstllem Unitof Bid No. Descrip[ion Speci6ca�im� Sec�ion No. Mexsna Q�i,�����y Unit P�icc Bid Value UNIT IV: PAVING IMPROVEMENTS 1 0203.1100ftemoveAsphaltPvm 024115 SY 4,390 $15.43 $ 6),J3).>0 2 3123.0101 Un�lassifietlExcavation�OakGroveShelbyRd� 311139 CY 3,800 510.85 $ 41,130.00 3 3211M00 Hytlrafedllme 323129 TN ],060 $161.22 $ 1J0,893.2� 4 3211.05016"LimeTreatment 321313 SV 6�,503 $].53 $ 153,0)2.59 5 3213.U3040"ASphaltPvmlTypeD 321216 SV ]30 S�zso 5 ie,a�s.ao 6 3213.01016"Con[Pvmt 321313 SY E0,325 $33.2) $ 1,341,612.)5 ] 3213.0102 J"ConcPrm� 321220 SY 15,990 $41.23 $ 659,26J.J0 8 331303014"Concre�e5idewalk 321320 SF 33,803 $S.J2 $ 193,353.16 9 3213.OSO1Bartie�FreePamp,TVPeR-1 32133U EA ]4 $1,651.10 $ 39,65040 10 3213.OSO6BarrierFreeRamp,TyDeP-I 321324 EA 32 $1,551.E8 $ 69,833.96 11 321].W020"SL�PvmlMarkingHNS�Y) 321]23 LF fi,20p $1.5� $ 9,300.00 12 3G01.0p03Furnish/InstallAlumSignG�oundMoun�CitySttl.(fll-1) 304130 EA 24 $83.)5 $ 1,962.00 13 34414003Furnish/InztallAlum5lgnGroundMountCityS�d.�D3-1) 344130 EA 5� $348.80 $ SJ,490.0� 14 34)10001Trai�ICConf�ol 34)113 MO 3 $31,439.13 $ 94,33J 69 15 313>.0104Medium5tonePiprap,d�y 313]Op SV Zfi0 $]).00 $ ]0,328,00 16 9999.0003 Mallbo�ClusterConcreteFounda�ion SF 4fi0 513.30 $ 5,566.00 1J 9999.0002"End-o(-fload"Barricade EA 6 $B6fi.55 $ 5,199.30 18 9999.00D35WPPPMaintenance MO 4 $3,650.00 $ IO,600.W 19 999900p4TemporaryftoadWidening�0ak6rove5helbyRoad) 331216 LS 1 $22,J00.00 $ 32,]0000 20 TOTAL UNIT IV: PIIVING IMPROVEMENTS $2,924,]38.45 �id Sunnnn�v UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS To[alConstruclion This Rid is su6ndiicd by ihe enfity nnmeJ beluw: I3IUDER: L.R. Lxcy Conslruclion, LTD f880 Cro�n� Dr. Sle 1200 Uallas, TX 75234 $1.060, $2,901, B7': �iobby GorJon TITLE: Presidenl DATE: Con�rnefa� agrees 10 com�le�e R'ORK for PI\AL ACCEPI'AI�CE �rithin 210 vorking da�a aRer the �nte �vhen lLe CONTR:ICT cun�meneex lo ruu ns �roviAed in Ihe General Con�ifions. ENDOPSECTION [iYOFFl1RT\VOHIH STANDNtU ('ONSi2IlCTION SPECif i('AilON �OCUAfFMS -IIEVEL�PlIt.\NAM[� PROJF,(TS Logn�i Sqi�ni-��, Plinae l FniniVe�sionSeV������r1.2015 ('i�'('ro/errNo. IO101] oaasn-i BIDDERS PREQUALIFICAI'IONS Page i of3 1 SECTION 00 45 11 Z BIDDERS PREQUALIFICATIONS 4 1. Sammary. 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 Sectiou 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. ) 10 Ti�e prequalificatiou process will establish a bid limit based on a technical evaluation and 11 finaucial anllysis 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 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's I S Prequalification Application, the following must accompany the suUmission. 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) 5tatement of Retained Earnings 21 (5) Notes to the Finaneial Statements, if any 22 b. A certiEed copy of the Srm's organizational doeuments (Corporate Charter, Articles 23 of Incorporation, Articles of Orgauization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 ( I) The firm's Texas Taxpayer ldentification Nwnber as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification 28 number visit the Texas Comp[roller of Public Accounts online at the 29 following web address www.windowstate.tx.usltax ep rmit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fvc number. 32 (3) The firm's DIJNS number as issued by Dun & Bradstreet. Tliis number 33 is used by the City for required reporting on Federal Aid projects. The DLTNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting tl�e construction experience of the principles o£the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other infor�natiov as requested by tlie City. 39 40 2. Prequalification Requirements 41 a. Finnncial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) Tl�e City requires Chat the original Finaucial StaCemeut or a certifled copy 44 be submitted for consideration. CITY OF FORT WORTH Lagmi Sqnm�e, Pirnse 1 S"CANDARD CONSTROCTION 3PECIFICATION DOCUMENTS Ciq� Projecf Na. 102077 Revised April 2, 2014 ooas��-z BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, ceRified public accounting firm registered and in 3 good standivg in any state. CurrenC Texas statues also require tl�at 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 Che audit report or review whether 8 the contr�ctor is an individual, corporaCion, or limited liability company. 9 (4) Fin�ncial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. I 1 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, iudependent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review lias been conducted in 15 accordance with auditing staudards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (I) express au Lmqualified 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 statemeut at any time. 20 (8) The financial statement must be prepared as of the last day of any montl�, 21 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 City will determine a contractor's biddivg capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = cuirent assets — current 26 liabilities) by a factor of 10. Only Chose statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification puiposes. 29 (10) In the case tl�at a bidding date falls witl�in the time a new financial 30 statement is being prepared, the previous statement sh111 be updated with 31 piroper verification. 32 b. Bzdder Preqcralifzcation Ayplication. 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 eovshuction and maintenavice projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is uothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimuin of five (5) references of related work inust be provided. 39 (3) Submission of an equipment schedule which indicaCes equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalific�tion. The schedule must 42 include the manufacturer, model and general coimnon description of 43 each piece of eguipment. Abbreviations or means of describing 44 equipmevt other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequaliiication. 48 b. The Ciry may reject, suspend, or modify any prequalifieation for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the stltus of the prequali�cation approval. C(1'Y OP PORT WORTH Logan Sgxnre, Pimse 1 STANDARD CONS"PRUC7ION SPECIFICAT[ON DOCUMENTS Ciq� A•ojecr No. 102077 Revised April2, 2014 004511-3 BIDDERS PREQUALIFICA770NS Page 3 of3 1 d. If a contractor has a valid prequaliiicaCion letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION C(TY OC PORT WOR7'H Lognn Srprnre, Phnse 1 STANDARD CONSTRUC710N SPECIFICAI'!ON DOWMENTS Ciry R�oject No. 102077 Revised Apri12, 2014 00 �s �z DAY PI2EQUALIF'ICATION STATEMENT Page 1 ot 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is rec�i�ired to complete the information below by ideu[ifying the prequalified contrac[ors aud/or subeontractors whom tliey intevd to utilize for the �najor work type(s) listed. In the "Major Work Type" box provide thc completc major work type and actual description as provided by the Water Departrnent for w�ter �nd sewer and TPW for paving Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Wastewater New Development Open Cut (42° and �mder); Water New Development L.H. Lacy Company, LTD 4/30/2021 Open Cut (48" and under); Concrete Coustructioi�/ L.H. Lacy Company, LTD 6/30/2021 Rcconstructiou Unlimited Tl�e undersigned hereby certifies that the conp-actors and/or subcontcactors describcd in the table above are currently prequalified for the work types listcd. BIDDER: L.H. Lacy Company, LTD 1880 Crown Dr. Ste 1200 Dallas, TX 75234 BY: Bobby Gordon ( fgnature TITLE: President DATE: �'ZH1�, END OF SECTION CITV OF FOPT WORTH STFNDARDCONSTFUCTIONGNEQUALIFICATIONSTATEMENT-DEVELOPERAWAflOEDPROIECTS 006512_Prequalification5tatement2015_DqP.do<x Farm Version September 1, 2015 00 45 2G - 1 CONTItACfOR WMPLIANCE WITH WORKER'S COMPENSA770N LAW Page 1 of 1 I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Conhactor certifies tl�at it 5 provides workcr's compevsation insurance coverage for all of its employees employed on City 6 Project No. 102077. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's eertificates of co�npliance with 8 workei's compens�tion coverage. 9 to CONTRACTOR: tt 12 L.H. Lacv Com�anv. Ltd. By �� 1,�.� �� o; ��,� 13 Coinpany (Pl ase Print) l4 IS 16 17 18 l9 20 21 22 23 1880 Crowu Road Ste 1200 Address Dallas. Texas 75254 City/State/Zip THE STATE OF TEXAS Signature: Titic: 1 � � ' � hT (Please Print) 24 COUNTY OF TARRANT § 25 26 BEFORE ME, the undersigned authority, on this day personally appeared / � 27 !�(����'x� (J,J (��' ��r(�� � , known to me to be the person whose naine is 28 subscriUed t he forcgoing inshument, and aclrnowledged to ine that he/she executed the same as 29 the act and deed of L.H. Lacv Com�any. Ltd for the purposes and consideratiou therein 30 expressed and in Che capacity tlierein stated. 31 32 33 34 35 36 37 38 39 40 GIVEN UNDER MY HAND AND SEAL OF OFFICE tliis ,� day of �� �j� , �7, � , 2020. �,�•=n..��_-��-„��:. .�„ � DARI..Efd� COIVEY p lI No y Public in and for t ie State of T xas �o�'+P'- My1Jo�-ryID#k1U3'17301 J � Expire> ?�farr,h 9, 2p'L4 END OF SECTION C[TY OP FORT WORTH Logarr Sqnnre, Phare 1 STANDARD CONST2UCTION SPF,CIFICATION DOCUMENTS CiN Projeci No. 102077 Revised April 2, 2014 ooszas-i Developer A�varded Project Agrecmenl Page 1 of4 1 SECTION 00 52 43 Z AGREEMENT 3 THIS AGREEMENT, authorizcd on 10 �t'2o20 is made by and between the 4 Developer, LGI Homes - Texas. LLC, autl�orized to do business in Texas ("Developer"), and 5 L.H. Lacy Companv. Ltd , autliorized to do business in Texas, acting by and tlu�ougl� its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereivafter set forth, agee as 8 follows: 9 10 II 12 13 14 15 I6 Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Docwnents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally dcscribed as £ollows: Water, Sanitcny S'ewer, Storrn and Paving Facilitiea� for Logan Sqtrm•e, Phase 1 No. 102077 17 Article 3. CONTRACT TIME � 19 20 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Aeceptance as stated in tUe Contract Documents are of tlie esseuce to this Contract. 21 32 Fival Acceptance. 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 The Work will be complete for Final Acceptauce withiu 210 workiug days after d�e date wheu the Contraet Time commences to nm as provided in Paragraph 12.04 of the Standard City Conditions of the Conshuction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreeuleut and tliat Developer will suffer finaucial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus auy extension tl�ereof allowed in accordauce with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proviug in a lcgal proceeding tlie actual loss suffered by tlie Developer if the Work is not completed on time. Accordingly, instcad of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer One Thozrsmid Dollars ($1 000.00 for each day [l�at expires afier the time specified in Paragraph 32 for Final Acceptance until tl�e City issues the Final Letter of Acceptance. CITY OF FOR'1' WORTH Lagnn Sq�iore, Phnse 1 STANDARD CONSTRUCTION SPGCIPICATION DOCOMENTS— DF;VELOPER AWARDED PROJECTS Citp ProJeclNo. 102077 2evised June IC,, 2016 005243-2 Developer Awnrded Project Agreement Page 2 oC4 37 Artide 4. CONTRACT PRICE 38 Developer agrees to pay Coutractor for peiformance of the Work in accordance with the Contract 39 Documents an amount in current funds of Ei�ht Million Ninety-Seven Thousand One Hundred 40 Thirty-Four and 04/100 Dollars ($8,097,134.04). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENT5: 43 A. The Contract Documents which comprise the enrire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attac6ments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 I) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 " ��:.�:, .^. :w �:..a.:,::.:.a,,.,........ ,, i_ ....:..... ..:a,.� �� 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) SS € Pet�e�-s��--�-�.�a� D�a-as 56 g. Worker's Compensation Affidavit 57 58 3. Standard City General Conditious of the Construction Contract for Developer 59 Awarded Pro,jects. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment G2 or, if not attached, as incorporated by referevice and described in the Table of 63 Contents of the ProjeeY's Contract Documents. 64 6. Drawings. 65 7. Addeuda. 66 67 68 69 '10 71 72 73 74 8. Documentation submitted by Contractor prior to Notice o£ Award. 9. Tlie followiiig whieh may be delivered ar issued after the Effective Date of the Agreement aud, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FOR'P WORTH Lognn S9uare, Plrnse 1 STANDARDCONSTRUCTIONSPECIFICAT[ONDOCUMEN'PS—DEVELOPERAWARDFDPROJGCTS CiryProjectNo.l01077 ReviseA June 16, 20I6 005243-3 Devcloper A�varded Project Agreemen( Page 3 oC4 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 IOI 102 Article 6. INDEMNIFICATION 61 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 worlc and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleeed or uroven that all or some oF the damaees beine soueht were caused, in whole or in part, bv anv act, omission or neeli¢ence of the citv. This indemnity provision is intended to inclade, 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 ofGcers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its of�cers, agents, employees, subcontractors, licensees or invitees under this contract This indemnification provision is saecificallv intended to oaerate and be effective even if it is alleeed or proven that all or some of the damaees beine soueht were caused, in whole or in part, bv anv act, omission or neelieence of the citv. Article �. MISCELLANEOUS 7.1 Terms. Tei7ns used in this Agreement are defined in Article 1 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 72 Assignxnent of Contract. This Agreement, including all of the Contract DocLunents inay not be assigned by the Contractor without the advauced express written consent of the Developer. 103 7.3 Successors aud Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the otlier party liereto, in respect to all covenants, agreements and 106 obligaCions contained in the Contract DocumenCs. 107 7.4 Severability. 108 Any provision or pait of Che Contraet Doeuments held to be unconsCitutional, void or 109 unenforceable by a court of competent jm�isdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be v11id and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Goveruing Law and Venue. 113 This Agreement, including all of the Contract Docuinents is performaUle in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States Dish•ict Court for the I IS Northern District of Texas, ForC Wortl� Division. CITY OF FORT WORTH Logun S9uare, Phnse 1 S'CANDARDCONS'CRUCTIONSPECIFICA'CIONDOCUMENTS—DEVELOPERAWARlltDPROJECTS Cin�Pr'ojec�No.102077 Revised Juna 16, 2016 00 52 43 - 4 Devcloper A�varded Project Agrccment Pagc 4 of 4 116 I 17 7.6 Authority to Sign. 118 119 120 l2l 122 123 124 125 Contractor shall attach evidence of �uthoriry to sign Agreement, if other than duly authorized signatory of tlie Contractor. IN WITNESS WHEREOF, Developer and ContcacCor have executed this Agreement in multiple couuterparts. This Agreement is effective as of the last date signed by the Parties ("Effeetive Date"). Cont�actor: L.K Lacy Con�pany, L�d. B: (Si nahire) Developec LGI Homes - Texns, LLC B: (Sigi ��re) Pjc�� u1 �c:�o. ��Janno� �,r� ( rinted Name) (Printed Name) Titla 1:e-�����{ Tit1e: Officer Company Name: L.H. Lacy Company, Ltd. Company name: LGI Homes-Texas, LLC Address: 1880 Crown Road Ste 1200 Address: ]4S0 Lake Robbins Drive Ste 430 City/State/Zip: Dallas, Texas 75234 City/State/Zip: Tl�e Woodlands, TX 77380 Date 126 °1 I 2ti12� 10 /q /2vZo Date CTTY OP FORT W02TH Lognw Squnre, Plmse 1 5'I'ANUARDCONSTRUCTIONSPECIFICATIONDOCUMEN'IS—D�VGLOPERAWARDEDPROJECI'S Ciry�ProjeclNo.J02077 Rm-ised Jnne IG, 2016 OD6213-I PERFORMANCEBOND Page 1 of 2 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 lIt3 19 20 21 22 23 24 25 26 27 28 29 30 3] THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 I��1:70C�J:7�iI:��[�1 �:i�l�I�7 § § § Bond No.3326224 KNOW ALL BY THESE PRESENTS: That we, L.H. Lacv Companv, Ltd. , known as "Principal" herein and Great American Insurance Company of New York , a corporate sureTy (sureties, If MOte th8i1 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 penal sum of, Eieht Million Ninety-Seven Thousand One Hundred Thirty-Four and 04/100 Dollars ($8,097,134.04), lawful money ofthe United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly u�to the Developer and the City as dua] obliges, 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 WHEREAS, the Principal has entered into a cedain written contract with the Developer awarded the q1H day of D�TaBE2 , 2020, which Contract is hereby refen•ed to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Lo�an Square, Phase 1. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, speci£cations, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. C[TY OP �ORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDBD PROJECTS Revised lanuary 31, 2012 Logmi S9vare, Phase l Ciry� R�ojec! No. 102077 006213-2 PERPORMANCEHOND Page 2 of 2 1 PROVIDED FURTHER, that if any lega] action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED �� S this instrument by duly authorized agents and officers on this the 7`� day of 9 5z okE,�n%�.� , 2020. ] 0 PRINCIPAL: 11 L.H. Lacv Companv. Ltd. 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 , _ATTEST: ( rincipal) Secretary � L__ / Witness as to Prmcipal L� W i[ness a to Surety AI Johnson BY: � S�gnature Bobby Gordon. President Name and Title Address: 1880 Crown �e� orive Ste 1200 Dallas, Texas 75234 SURETY: Greal American Insurance Company of BY: ry%�.%/�� • Signature Rita G. Gulizo, Attorney-In-Fact Name and Title Address: 301 E. Fourth Street Cincinnali, OH 45202 Telephone Number: (513) 369-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OP PORT WORTH Logan Square, Phase 1 STANDARD CITY CONDITIONS — DEVELOYBR AW ARDED PROJECTS Cip� Prujeci No. 102077 Revised January 31, 20I2 00 62 14 - 1 PAYMENTBOND Page 1 of 2 1 2 3 4 5 6 THC STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 PAYMENTBOND § § KNOW ALL BY THESE PRESENTS: § 8ond No. 3326224 7 That we, L.H. Lac,�panv, Ltd. known as "Principal" herein, 8 2nd Great American Insurance Company of New York , a corporate SU1'eYj' 9 (or sureties if more than one), duly authorized to do business in the State of Texas, known as ]0 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, LGI 11 Homes - Texas, LLC., authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of Eieht Million Ninet, -S� 13 Thousand One Hundred Thirtv-Four and 04/100 Dollars ($8,097,134.04), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dua] obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Woith, by and through a Community Facilities 20 Agreement, CFA Number 19-0061 ; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 9TH day of OGTOBEQ , 2020, which Conh•act is hereby 23 referred to and made a part hereof for all purposes as if fully set farth 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 LoQan Sguare. 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 beneficiaty (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF PORT WORTII STANDARD CITY CONDITIONS — DGVELOPGR AW ARDED PROJECTS Revised January 31, 2012 Logarr Square, Phase 7 Ciq� Project No. 102077 006214-2 PAYMENTBOND Page 2 of 2 2 3 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. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the �`� +~ day of 6 Se���Y,.�-� , aoao. � 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 m PRINCIPAL: L.H. Lacv Comnanv. Ltd. ATTEST: , � � �� � moipal) ecratary Witness as to Principal BY: � , Signature � Bobby Gordon. President Name and Title Address: 1880 Crown R�Xd Drive Ste 1200 Dallas, Texas 75234 SURETY: GreatAmerican Insurance Company of BY: T� 1���%1�",� Signature `" Rila G Gulizo, Atlorney-in-Fact Name and Title Address: 301 E. Fourih Sireet Cincinnali, OH 45202 Wi��oSu�r ty AlJohnson Telephone Number: (513) 369-5000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WOR'PH Logan Sgrvure, Phase 1 STANDARD CI'PY CONDITIONS — DEVELOPER AWARDED PROJECTS Ciry� Pr jec( No. 102077 Revised January 31, 2012 006219- I MAMTENANCEBOND Page I of 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ib 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 THE STATE OF TEXAS :K111J►Y IIYIJ 8111►:\.�.7:\►Y Y SECTION 00 62 19 Bond No.3326224 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § 'I'hat we L.H. Lacy Company, Ltd. , known as "Principal" herein and Grea� American Insurance Company of New York , a corporate surety (sureties, tf t1lOiB t}tari 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 Ei¢ht Million Ninetv-Seven Thousand One Hundred ThirtV-Four and 04/]00 Dollars ($8,097,134.04), in lawfu] 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 dua] 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 tluough a Community Facilities Agreement, CFA Number 19-0061 ; and WHEREAS, the Principal has entered into a cettain written contract with the Developer awarded the� day of O�tOBER , 2020, which Contract is hereby referred to and a made part hereof for al1 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as LoQan Sguare, Phase 1; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifcations and Contract Documents that the Work is and wil] remain free from defects in materials or workmanship for and during the period of hvo (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF PORT WORTH STANDARD CITY CONUI'PIONS — DEVELOPBR AWARDED PR07ECTS Rcvised January 31, 2012 Logm� Sguare, Phase 1 City Po�ojeci No. 102077 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 0 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. � 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1t noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 IS PROVIDED FURTHER, that iFany legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court far the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTAER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OP FORT WORTH Logan Squm�e, Ppase 1 STANDARD CI7'P CONDI"CIONS — DEVELOPER AWARDED PR07EC7'S Ciry� Projec( No. 102077 2evised 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 insh�ument by duly authorized agents and officers on this the �� `f day of 3 �e0�e�v,� .2020. 5 PRINCIPAL: 6 L.H. Lacv Companv. Ltd. 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 TTEST: ,\ �'�. �. c� � �(Prmcipal) Secretary �� Witness as to Principal �t��✓�^^ Witness a'to Surety AI Johnson BY: Signa ure Bobbv Gordon, President Name and Tide Address: 1880 Crown � '1f6� Drive Dallas. Texas 75234 SURETY: Great American Insurance Company of New York BY: ( � / il: �!,;,I/G��-- Signature Rila G. Gulizo, Attorney-in-Fact Name and Title Address: 301 E. Foudh Street Cincinnali, OH 45202 Telephoue Number: (513) 369-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OP FORT WORTH Logan S�nore, Plrase / STANDARD CI'fY CONDITIONS — DEVELOPER AWARDED PROJECTS Ciry� Projec( No. 102077 Reviscd Janunry 31, 2012 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 307 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 19964 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RITA G. GULIZO SUSAN D. ZAPALOWSKI DAVID T. MICLETTE ALL OF NEW ORLEANS, LOUISIANA ALL $�oo,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF, the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this �3TH day of APRIL , 2020 . Attest d.. �a„�� L � •' SEA��Lp.�� C. "' y��' La AsrislantSecr'eta�7� GREAT AMERICAN INSURANCE COMPANY OF NEW YORK �� v V �G(.C/ b(visionol Seniw' 17ce H'esident MAFK VICARIO (B]l-3]�-2905) STATE OF OHIO, COUNTY OF HAMILTON-ss: On this 13iH day of APRIL 2020 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division ot Great American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so aRixed by authority of his office under tha By-Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST n,�a Notary Publlc � /1 , /� � -� �R - State ol0hio ��,h, � ` ���� My Comm. �pires A1ay 78, 2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 74, 2009. RESOLVED: That the Divisional President, the several Divisional SeniorVice Presidents, Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one ol them, be and hereby is authorized, irom time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts o/suretyship, or other written obligations in the nature thereof,� to prescribe their respective duties and fhe respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company sea/ and the signature ol any of the aloresaid officers and any Secretary orAssistant Secretary of the Company may be aflixed by facsimi/e to any power of attorney or certificate of either given for the execution of any bond, underfaking, contract of suretyship, or other written obligafion in fhe nature thereof, such signature and seal when so used being hereby adopted by the Company as the origina/ signature of sucA of/icer and the original sea/ of the Company, to be valid and binding upon the Company with the same force and elfect as though manually alfixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company of New York, do hereby ctrtiFy Yr,at the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked a�id zre now in full force and effect. Signed and sealed this a���,� '+rsEA� °d .. .. 3. '^;8:,; `r' atH dayof (j�r06L2� 20bo � ��; L- �. �...,...s Ao-sislmll secremp� 51185N (03/20) � GRIiAT,4jqERlCAN INSURANCE GROUP IMPORTANT NOTICE: Great American Insurance Company of New York Great American Alliance Insw•ance Company Great American Insurance Company To oblain infonnation or make a complainL• You tnay conlact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaiuts at: 1-800-252-3439 You tnay wrile the Texas Deparlment of hisiu'ance aL• P.O. Box 149104 Austin, TX 78714-9091 FAX: I -512-490- I 007 Your notice of claim againsf the attached bond may be given to the surety co�npany that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Physical Address: G�eat American Insur�nce Company P.O. Box 2ll9 Cincinnati, Ohio 45202 Gre�t Americ�n Insw<tnce Comp�my 301 E. Fourth Street Cincinnnti, Ohio 45202 You may also contact lhe Creat American hisurance Company Claim office by: Fax: Telephone: Email: 1-888-290-370G I-513-3G9-5091 bondclaims@gaiacom PRI;MIOM OR CLAIM DISPU7TS: If you have a dispute concerning a premium, you should contacl the lgent firsL If you have a dispute concerning � daim, you should conlacl the company firsL If lhe dispute is �iot resolved, you may contact the Texas Department of Insurince. ATTACH THIS NOTICI; TO YOUR BOND: This nolicc is for informalion only and does nol become a parl ar condition of lhe attached document. r ��r,e�A � i on a> THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT -FORM A This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL IIABiLITY COVERAGE PART Policy Number Agency Number Policy Effective Date CPP20675291101 0765330 02101/2020 Policy Expiration Date Date Account Number 02101 /2021 20017633 Named Insured u Agency Issuing Company L.H. LACY COMPANY, LTD. BOWEN, MICLETfE & BRITi' AMERISURE INSURANCE INSURANCEAGENCY,LLC COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property dama9e", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary conVacts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability ceused, in whole or in part, by: (1) Premisesyou: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury' or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 BS 10 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement; (1) Requires "arising out oP' language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 1� 10 01; or (b) Additional Insured — Owners, lessees or Contractors — Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out oP'. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, �essees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written conKact or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2,a.(1)(c) above does not extend beyond the end of a premises lease or rental agreeme�t. f. The Iimits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arisin9 out of an architect's, engineer's, or surveyor's rendering of, or failure to re�der, any professional services, including but not Iimited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions, indudes copyrighted material of insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (fl Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONOITIONS, paragraph 4. Other insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Con[ingent, or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named insured, and we will not share with that otherinsurance. i. it the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other insurance shown above. ADDIT�ONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modities insurance provided under the foilowing: COMMERCIAL GENERAI LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, informa[ion required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for thai insured by or for you. CG 20 10 11 85 Copyright, Insurance Seroices Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 70 15 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE PO�ICY. PLEASE READ IT CAREFU�LY. TEXAS CONTRACTOR'S B�ANKET ADDITIONAL INSURED ENDOR5EMENT -FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILiTY COVERAGE PART Policy Number Agency Num6er Policy Effective Date CPP20675291101 0765330 02/01l2020 Policy Expiration Date Date Account Number 02/0 7 /2021 20017633 Named Insured Agency Issuing Company L.H. LACY COMPANY, LTD. BOWEN, MICLETTE & BRITT AMERISURE INSURANCE INSURANCE AGENCY, LLC COMPANY 1. a. SECTION II - WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additio�al insured on this policy under a written contract or written agreement relating to your business. b. The written contract or written agreement must (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) lease; or (d) Occupy; (2) Ongoing operations performed by you or on your beha�f. Ongoing operations does not apply to "bodily injury" or "property dama9e" occurring aker: (a) All work to be performed by you or on your behalt for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same projecL Includes copyrighted material ot Insurance Services Office, Inc. CG 70 65 70 15 Pages 1 of 3 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out oP' �anguage; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10 Ot; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the fallowing: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured — Owners, �essees or Contractors — Completed Operations endorsement CG 20 37 withoui an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the addi[ional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architecPs, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 (d) Reports; (e) Surveys; (fl Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and repiaced with the following: 4, Other Insura�ce. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; a Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance wiil be primary and non-contributory relative to other insurence available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that otherinsurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the covera9e provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limifed to that provided by CG 20 10 11 BS shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by writ[en contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for Ihat insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 85 10 15 Pages 3 of 3 oo�zoo-i GENERAL CONDIT[ONS Page I of I I 2 3 PART1- GEN�RAL SECTION 00 72 00 GENERAL CONDITIONS 4 1.1 FORM Or GEN�RAL CONDITIONS 5 A. The General Conditions of this Contract is the Enginecrs Joint Conmact Documents 6 Committee (EJCDC) Document C-700 "Standard General Conditions of the 7 Conshuction ContracY', 2007 Edition, hereinafter referred to as the "General 8 Conditions" and is attached following this page. 9 1.2 R�LATED S�CTIONS 10 A. Section 00 73 00 — Supplementary Conditions 11 1.3 SUPPLEMENTARY CONDITIONS 12 A. Refer to Document 00 73 00 for amendments to these General Conditions 13 PART 2- PRODUCTS — NOT USED 14 PART 3- EXECUTION — NOT USED IS END OF DOCUM�NT Logan Sg�mre. Phase 1 Ciry� R�oject No. 102077 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology ................................................. 1.01 Defined Terms ...................................................................... 1.02 Terminology ......................................................................... � 1 1 5 Article2— Preliminaiy Matters ......................................................................................................................... 6 2.01 Deliveiy of Bonds and Evidence of Insurance ............................................................................. 6 2.02 Copies ofDocuments ....................................................................................................................6 2.03 Commencement of Conri�act Times; Notice to Proceed ............................................................... 6 2.04 Starting the Work ..........................................................................................................................7 2.05 Before Starting Construction ........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ..................................7 2.07 Initial Acceptance of Schedules .................................................................................................... 7 Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent .............................................................................................................................................. 8 3.02 Reference Standards ...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ...................................................................9 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................10 Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ............................................................................................... 4.01 Availability of Lands ....................................................................................................... 4.02 Subsurface and Physical Conditions ............................................................................... 4.03 Differing Subsurface or Physical Conditions ................................................................. 4.04 Underground Facilities .................................................................................................... 4.05 Reference Points .............................................................................................................. 4.06 Hazardous Environmental Condition at Site .................................................................. lu•ticle 5— Bonds and Insurance ..................................................................... 5.01 Pei�'ormance, Payment, and Other Bonds .................................. 5.02 Licensed Sureties and Insurers ................................................... 5.03 Certificates of Insurance ............................................................ 5.04 Contractor's Insurance ............................................................... 5.05 Owner's Liability Insurance ....................................................... 5.06 Property Insurance ...................................................................... 5.07 Waiver of Rights ........................................................................ ..................................... ..................................... ..................................... ..................................... ..................................... ..................................... ..................................... ..................................... 5.08 Receipt and Application of Insurance Proceeds .............................................. �JCDC C-000 StandarU General Cm�ditions of the Consh•ueHmi Conh�act Copyriglit � 2007 NaHonal Society of Professional Engineers fm� L,TCDC. All rights rese�ve�. Paeei 11 11 11 12 13 14 14 ....16 ....16 ....16 ....17 ....17 ....19 .... ] 9 .... 20 ....21 5.09 Acceptance of Bonds and Insurance; Option to Replace .............. 5.10 Partial Utilization, Acknowledgment of Property Insurer ............. Article 6 - Conh•actor's Responsibilities ................................................. 6.01 Supervision and Superintendence ........................................ 6.02 Labor; WorkingHours ......................................................... 6.03 Services, Materials, and Equipment .................................... 6.04 Progress Schedule ................................................................ 6.05 Substitutes and "Or-Equals" ................................................ 6.06 Concerning Subcontractors, Suppliers, and Others ............. 6.07 Patent Fees and Royalties .................................................... 6.08 Permits .................................................................................. 6.09 Laws and Regulations .......................................................... 6.10 Taxes .................................................................................... 6. ll Use of Site and Other Areas ................................................. 6.12 Record Documents ............................................................... 6.13 Safety and Protection ........................................................... 6.14 Safety Representative ........................................................... 6.15 Hazard Communication Programs ....................................... 6.16 Emergencies ......................................................................... 6.17 Shop Drawings and Samples ............................................... 6.18 Continuing the Work ............................................................ 6.19 Contractor's General Warranty and Guarantee ................... 6.20 Indemnification .................................................................... 6.21 Delegation of Professional Design Services ........................ Article 7- Other Work at the Site ........................................................................ 7.01 Related Work at Site ........................................................................ 7.02 Coordination ..................................................................................... 7.03 Legal Relationships .......................................................................... Article 8 - Owner's Responsibilities .................................................... 8.01 Communications to Conh•actor ........................................ 8.02 Replacement of Engineer ................................................. 8.03 Furnish Data ..................................................................... 8.04 Pay When Due .................................................................. 8.05 Lands and Easements; Reports and Tests ........................ 8.06 Insut�ance ........................................................................... 8.07 Change Orders .................................................................. 8.08 Inspections, Tests, and Approvals ................................... 8.09 Limitations on Owner's Responsibilities ........................ 810 Undisclosed Hazardous Environmental Condition......... 8.11 Evidence of Financial Arrangements ............................... 8.12 Compliance with Safety Pro��am .................................... Article 9- Engineei's Status During Conshuction .................. 9.01 Owner's Representative ....................................... 21 ................................ 22 ................................ 22 ................................ 22 ................................ 22 ................................ 23 ................................ 23 ................................ 25 ................................ 27 ................................ 27 ................................ 28 ................................ 28 ............................... 28 ............................... 29 ............................... 29 ............................... 30 ............................... 30 ............................... 30 ............................... 31 ............................... 3 2 ............................... 3 3 ............................... 3 3 ............................... 34 35 35 35 36 .............................. 3 6 .............................. 3 6 .............................. 3 6 .............................. 3 6 .............................. 3 6 .............................. 3 6 .............................. 3 6 ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ........................................ ......37 ...... 37 ...... 37 ...... 37 ...... 37 ...... 37 37 37 �,iCDC C-700 Standard General Conditions of the Conshvction Conhact Copyright � 2007 Na[im�al Society of ProPessim�al Gngineers Pm� �JCDC. All rights rese�ved. Pxge ii 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 Visitsto Site ...................................................................................................................... Project Representative ....................................................................................................... Authorized Variations in Work ........................................................................................ Rejecting Defective Work ................................................................................................. Shop Drawings, Change Orders and Payments ................................................................ Determinations for Unit Price Work ................................................................................ Decisions on Requirements of Contract Documents and Acceptability of Work........... Limitations on Engineer's Authority and Responsibilities .............................................. Compliance with Safety Program ..................................................................................... Article 10 - Changes in the Work; Claims .................. 10.01 Authorized Changes in the Work ............ 10.02 Unauthorized Changes in the Work......... 10.03 Execution of Change Orders .................... 10.04 Notification to Surety ............................... 10.05 Claims ....................................................... .......37 .......38 .......38 .......38 ....... 39 .......39 .......39 .......39 .......40 40 40 41 41 41 41 A�ticle 11 - Cost of the Work; Allowances; Unit Price Work,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 42 11.01 Cost of the Work .........................................................................................................................42 11.02 Allowances ..................................................................................................................................45 11.03 Unit Price Work ..........................................................................................................................45 Aiticle 12 - Change of Contract Price; Change of Contract Times ...............................................................46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Cont�•act Times ..........................................................................................................47 12.03 Delays ..........................................................................................................................................47 Article 13 - Tests and Inspections; Con�ection, Removal or Acceptance of Defective Work .......................48 13.01 Norice 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 oPDefective Work ................................................................................50 13.07 Correction Period ........................................................................................................................50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 Owner May Correct Defective Work ......................................................................................... 52 Article 14 - Payments to Conh�actor and Completion .............................. 14.01 Schedule of Values ................................................................ 14.02 Progress Payments ................................................................ 14.03 Contractor's Wan�anty of Title .............................................. 14.04 Substantial Completion ......................................................... 14.05 Partial Utilization .................................................................. 14.06 Final Inspection ..................................................................... 14.07 Final Payment ........................................................................ 14.OA Final Completion Delayed .................................................... .......... . ............... 52 .......................... 52 .......................... 52 .......................... 5 5 .......................... 5 5 .......................... 5 6 .......................... 57 .......................... 57 .......................... 5 8 EJCDC C-000 Standard General Cm�ditim�s of [he Constructlon Conhact Copyright � 2007 National Suciety of P�nfessional Engince�re fm� GJCDC. Ali rig6ts rese�ved. P�ee iii 14.09 Waiver of Claims .......................................................... Aiticle 15 — Suspension of Work and Termination ........... I5.01 Owner May Suspend Work ............................ 15.02 Owner May Terminate for Cause .................. 15.03 Owner May Teiminate For Convenience ...... 15.04 Contractor May Stop Work or Terminate...... Atticle 16—DisputeResolution......... 16.01 Methods and Procedw•es Article 17 — Miscellaneous ......................... 17.01 GivingNotice ......................... 17.02 Computation of Times ........... 17.03 Cumulative Remedies............ 17.04 Survival of Obligations .......... 17.05 Controlling Law ..................... 17.06 Headings ................................. ............................... 5 8 59 59 59 60 60 61 61 61 61 62 62 62 62 62 CJCDC C-000 Standard General CondiHons of H�e Cm�atruction Cmitrnct Copyright �O 2007 Natiainl Socie[y of A•ofessional �ngineers for CSCDC. All rights resmwed. ARTICLE 1— DEFINITIONS AND TERMINOLOGY I.O 1 Defi�ied Tern2s A. Wherever used in the Bidding Requirements or Cont��act Documents and printed with initial capifal letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addirion to teims specifically defined, terms witb initial capitalletters in the Contract Documeuts include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic insh�uments issued prior to the opening of Bids which cla�ify, con•ect, or change the Bidding Requirements or the proposed Conh�act Documents. 2. Agreenaent—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Pay»ient—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting pirogress 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 Adminisri•ation. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed foi�rn setting farth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirer�zents—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order=A document recommended by Engineer which is signed by Contractar and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Clairn—A demand or assertion by Owner ar ConCractor 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 seivices by a third party is not a Claim. 11. Contr•act—The entire and integrated written agreement between the Owner and Conh•actor conceining the Work. The Contract supersedes prior negotiations, representations, or agreemenYs, whether written or oral. EJCDC C-700 Standard Generai Conditions of the Consh�nclion CmLLract Copyrigh[ � 2007 Na[ional Soeiety of Pirofesaim�nl Cngineers fm• �]CDC. All righ[s reserved. Paee 1 of 62 12. Contract Docz�naents—Those iten�s so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement u•e Contract Documents. Approved Shop Drawings, other Contiractor submittals, and the reports and drawings of subsurface and physical conditions are not Conh�act DocumenYs. 13. Contract P��ice—The moneys payable by Owner to Contractor for completion of the Work in accardance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph I 1.03 in the case of Unit Price Wark). IA. Co�itract Tin2es—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 perPormed by Contractor. Shop Drawings and other Cont��actor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivet�ed by the last of the two parties to sign and deliver. 19. Engineer--The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Reqi�ir•enaents—Sections of Division 1 of the Specifications. 22. Hazardous Environrnental Condition—The presence at the Site of Asbestos, PCBs, Peh�oleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or properiy exposed thereto. 23. Hazardoz�s Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Secrion 6903) as amended from time to time. 24. Laws and Regi�lations; Laws or Rega�lations—Any and all applicable laws, rules, regulations, ordinances, codes, aud orders of any and all goveinmental bodies, agencies, authorities, and courts hauing jurisdiction. 25. Liens—Charges, secuiity interests, or encumbrances upon Project funds, real property, or personal properry. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or• time prior to Substantial Completion of all tl�e Work. liJCDC C-700 Standard General Conditions of the Conshvctimi Con[rnct Copyrig6t � 2007 National Society of Arofesaional Cngineers for �SCDC. All rights reserved. Paee 2 of 62 27. Notice of Award—The written notice by Owner Yo the Successful Bidder statin� thaC 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 iun 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 far whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petrolea�na—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Conh�actor's plan to accomplish the Work within the Contract Times. 33. Project—The total constiuction of which the Work to be pei�foi�rned under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constiucting the Work. A listing of the contents of the Project Manual, which may be bound in one or mot�e volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Saniples—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 Subniittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled perfoimance of related construction activities. 39. Schedide 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 Conri•actor's Applications for Payment. GJCDC C-700 Standard General Conditions of O�e ConshncHon Conh•act Copyrighl � 2007 Na[ional Socie[y oPP�roCessimial IDngineers fm� CJCDC. All rights reseived. Page 3 of 62 40. Shop Drawings—All drawings, diagrams, illusri•atious, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illusri•ate some portion of the Work. 41. Site—Lands or areas indicated in the ConY��act Documents as being fuinished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontr•actor—An individual or entity having a direct contract with Contractar or with any other Subcontractor for the perforniance of a part of the Work at the Site. 44. Sz�bstantial Conapletion—The time at which the Work (or a specified part thereo fl has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereofl 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 "substanrially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supple»aenta�y Conditions—That part of the Conh•act Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Conh�actor� or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor ar Subcontractor. 48. Underground Facilities—All undeiground 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 electiicity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other cont�rol 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 fuinishing, installing, and iucorporatin� all materials and equipment into such construction, all as required by the Contract Documents. 51. Woriz Change Directive—A written statement to Contractor issued on or after the Effective Date of tlie Agreement and signed by Owner and recommended by Engineer ordering an ESCDC C-700 Standard General Cm�ditions of tl�e Cmishvction Conh•act Copyright � 2007 National Society of Profcssim�al Cnginecrs fm� GJCDC. All rights reserved. addition, deletion, or revision in the Work, or responding to differing or unfbreseen subsui�face or physical conditions under which the Work is to be perfonned or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Cont��act Times. 1.02 Te��nii�aology A. The words and terms discussed in Paragraph 1.02.B tlu•ough F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Ternis or Adjectives: 1. The Contract Documents include the teims "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 determinaCion of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or detei7nination will be solely to evaluate, in general, the Work for compliance with the infoimation 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 supeivise or direct the perfoirnance of the Work, or any duty or authority to underfake 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 fi•om midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refeis to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b, does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c, has been damaged prior to Engineer's recommendation of f nal payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). ti,iCDC C-700 StandarU General Conditimis of the Cm�sGvctim� Contract Copyrigl�t �O 2007 Natlonal Socie[y of Arofessional Engineers for CSCDC. All righ[s rese�ved. Paee 5 of 62 E. Funzish, bastall, Perfor�v2, Provide: 1. The word "furnish," when used in connection with seivices, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use m� place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perPorm" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish aud install said services, matet-ials, 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 Conh�act Documents, words or phrases that haue a well-known technical or constiuction industry or trade meanin� are used in the Contract Docunlents in accordance with such recognized meaning. ARTICLE 2 — PR�LIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Conri•actor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insa�rance.• Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insm�ed 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 az�e required to purchase and maintain in accordance with ArCicle 5. 2.02 Copies of Docur�2ents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be fuinished upon request at the cost of reproduction. 2.03 Com�nencenaent of Contract Ti»aes; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day at�er Che 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 Conh�act 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. ti,iCDC C-700 StandarJ General CondiBons of the Conshnetian Conh•acf Copyright � 2007 National Society of Yrofessional Cngineers fa� I�:JCDC. All rights reserved. Paee 6 of 62 2.04 Startiiag the Work A. Conh•actor shall start to pei�form the Work on the date when the Conri•act Times commence to run. No Woiic shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Prelinainary Sclsedules: Within 10 days afler the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Proga•ess Schedule indicating the rimes (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detai] 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 P��econstruction Conference; Designation ofAuthorizedRepresentatives 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 refeired 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 Conri•act. Such individuals shall haue the authority to tr�ansmit instrucrions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective parry. 2.07 Initial Acceptance ofSchedules 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 con�ections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Conri•actor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Worlc to completion within the Conh•act Times. Such acceptance will not impose on �SCDC C-000 Standard Genm•al Conditions of th¢ Const�vetion Coniract Copyright � 2007 Na[ional Sociely of ProPessim�al �,ngineers fm• �JCDC. All rights rese�ved. Paee 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Wm�k, nor intei%re with or relieve Contractor from Contractor's full responsibiliry therefor. 2. Contractoi's Schedule of Submittals will be acceptable to Engineet� if it provides a workable airangement for reviewing and processing the required submittals. 3. Conh�actor'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 Contt�act Documents are complementaiy; what is required by one is as binding as if required by all. B. It is the intent of the Cond�act Documents to describe a funcrionally complete project (or pa�t thereofl to be constructed 'rn accordance with the Conh�act Documents. Any labor, documentation, seivices, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or h�ade usage as being required to produce the indicated result will be provided whether or not speciPically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Conri•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 tbe Contract Documents. No p�rovision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duries ar responsibilities of Owner, Contractor, or Engineer, or any of their subconh�actot�s, consultants, agents, or employees, from those set fartk� 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, ar subcontractors, any duty or authority to supeivise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. P�SCDC C-000 StsndarU General Conditions of [I�e Cm�sh�uctimi ConG�act Copyrigh[ O�' 2007 Na[ional Society of Rrofessional Enginee�s fm• CSCDC. All rights reserve�. 3.03 Repor�ting and Resolvi�xg Discrepancies A. ReportingDiscrepancies.• 1. Contractor's Review of Contract Docacments Before Starti�zg Worh: Before undertaking each part of the Work, Contractor shall carefully study and compare the Conh�act Documents and check and verify pertinent figures therein and all applicable field measut�ements. Conh�actor shall promptly report in writing to Engineer any conflict, enor, ambiguity, or discrepancy which Conh�actor discovers, or has actual knowledge of, and shall obtain a written inteipretation or clarification fi•on� En�ineer before proceeding with any Work affected Yhereby. 2. Contractor's Review of Contract Docunzents During Performance of Wor7c: If, dw7ng the performance of the Work, Contractm• 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. ResolvingDiscrepancies.• 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, en�or, ambiguity, or discrepancy between the provisions of the Conri�act Documents and: a, the provisions of any standard, specification, manual, or code, or the insCrucCion of any Supplier (whether or not specifically incoiporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the perfoimance of the Work (unless such an intetpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplemerating Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work m• to modify Che terms and condirions thereof by either a Change Order o1- 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: CSCDC C-700 S[andarA Generai Conditim�s of tLe Const�vcHon Contract Copyright O 2007 Natlonal Society of Professia�al Gnginecrs fm� GJCDC. All rights rese�wed. Paee 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Rettse ofDocu�nents A. Contractor and any Subcontractor or Supplier shall not: 1. have ot� acquire any title to or ownership righYs in any of the Drawings, Specifications, or other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer or its consultants, ineluding 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 teimination of the Contract. Nothing herein shall preclude Conh•actor 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 Yo Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in elech�onic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion oi� information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in elech�onic media foirnat can deteriorate or be modified inadvertently or otheiwise without authorizarion 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 transfeired. Any errors detected within the 60-day acceptance period will be coirected by the transferring party. C. When transferring documents in electronic media foimat, the transferring pariy makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of soflware application packages, operating sysfems, or computer hardware differing from those used by the data's cr�eator. �,iCllC C-700 Standard General Conditim�s of the Consh�uctlon Cm�tract Copyright � 2007 National Society of Professional �ngineers for CSCDC. All rights rese�ved. Paee 10 of 62 ARTICLE 4— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; R�TERENCE POINTS 4.01 Availabilityoflands A. Owner shall furnish the SiCe. Owner shall notify Contractor of any encuulbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in perfoiming the Worlt Owner will obtain in a timely manner and pay for easements for permanent stiuctures 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 furnish Contractor with a current statement of recard legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanids or constiuction 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 constiuction facilities or storage of mateiials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and De•awings: 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. Linsited Reliance by Coratractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Conh�act 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 subcontractars with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of constiuction to be employed by Contr�actor, and safery precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such repoi�ts or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn fi•om any "tecluiical data" or any such other data, inteipretations, opinions, or in�formation. EJCDC C-000 Standard General Cm�ditions of the Conshvctlon Cantract Copyright � 2007 National Suciety of ProPcssional Gngineers fm� I�:JCDC. All rights reserved, Pace I l of G2 4.03 D�ering Substtrface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is 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 Contr�act Documents; then Contractar shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or perfoi�rning any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of �n7tten 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 wriring (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Ti»ties Adjush�ients: 1. The ContracY Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a, such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Conri•act Price or Contiact Times if: a. Contractor Irnew of the existence of such conditions at the time Conh�actor 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 condirion could reasonably haue been discovered or revealed as a result of any examination, investigation, exploration, test, or study of tl�e Site and �JCDC C-700 Standard General Cm�ditions of the Cmwh•uction Contract Copyright � 2007 NaHmial Society of Professim�al L�nginecrs fm� GJCDC. All rights rese�roed. contiguous a��eas required by the Bidding Requirements or ConCract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Conh�actor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Conh�actor are unable to agree on entiClement to or on the amount or extenC, if any, of any adjustment in the Contract Price or Conri•act Times, or both, a Claim may be made therefor as provided in Paragrapli 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 cowt or arbih�ation or other dispute resolurion costs) sustained by Contractor on or in connecrion with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Conri•act Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data Piu-nished 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 haue full responsibility for: a. reviewing and checking all such infoi�rnation 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 Ownet�, 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 In�licated: L If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written norice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and deteimine the extent, if any, to which a chan�e is required in the Contract DocumenYs to reflect and document the 6:,iCDC C-700 S[andnrd Genernl Cm�dilimis of the ConshvcNon Conh�act Copyright OO 2007 Na[ionnl Society of Professional �ngineers fm• ESCDC. AII rights rese�ved. consequences of the existence or location of the Undergrouud Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Faciliry. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or locarion of any Underground Faciliry 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 haue been expected to be aware of or to have anticipated. If Owner and Conri•actor 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 Points A. Owner shall provide engineering suiveys to establish reference points for construction which in Engineer's judgment are necessary to enable Conri•actor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and properiy monuments, and shall make no changes or relocations without the prim� written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 I3aza��dous Environmental Condition at Site A. Reports and Drawings: The Supplementaiy Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that haue been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technicai data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementa�y Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractoi's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of constiuction to be employed by Conh•actor 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 information. ESCDC C-700 Standard Generai Condilimis oY tl�e Con.vhvction Contract Copyrigiit � 2007 Natlm�al Society of 7'rofessional �nginew�s fm� GJCDC. All rights rese�ved. Paee 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or idenCified in the Contract Documents to be within the scope oP 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 Conri•actor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous �nvironmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafier confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take coirective action, if any. Promptly after consulting with F,ngineer, Owner shall talre such actions as are necessary to permit Owner to timely obtain required permits and provide Cont�•actor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condirion 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 far 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 adjushnent 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 pariy may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Woiic under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either parry may make a Claim therefor as provided in Paragraph ]0.05. Owner may haue such deleted partion of the Work perfoimed 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 haimless Contractor, Subconh•actors, 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, attoineys, and other professionals and all court or arbiri•ation or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Conri�act Documents to be included witl�in the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph �t.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. Is.iCllC C-700 Standard General Cm�ditions of the Conshvctlon Contrac[ Copyright O�' 2007 National Saciery of Arofessional Cngineers fm� EJCDC. All rights reserved. Paee IS of 62 H. To the fullest extent permitCed by Laws and Regulations, Conri•actor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partuers, employees, agents, consultants, and subcontractors of each and any of them fi�om and against all claims, costs, losses, and damages (including but not limifed to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration ar� other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible, Nothing in this Paragraph 4.06.H shall obligate Conh•actor to indemnify any individual or entily fi•om and against the consequences of that individual's or entity's own negligence. I. The provisions of Par�agraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5— BONDS AND INSURANCE 5.01 Perfonnance, Pay�nent, ancl Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful pei�formance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the con•ection period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Cont�•act Documents. Conri•actor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authoiiry 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 tei�rninated in any state where any part of the Project is located or it ceases to meet the requirements of Paz�agraph S.O1.B, Contractor shall pronzptly noti£y 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 Insu��ers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained fi•om surety or insurance companies that are duly licensed m� 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 ESCDC C-700 Stan�ard General Cm�ditlons of H�e Consh�ucHan Contract Copyright � 2007 NaHonal Society of Professim�al Gngineers fm� EJCDC. AlI rights reserved, Paee 16 of 62 meet such additional requirements and qualificaCions as may be provided in the Supplementuy Conditions. 5.03 Certificates oflnsurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementaiy Conditions, cerCificates 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 Supplementaiy Conditions, cerfificates of insurance (and other evidence of insurance requested by Contractor or any other addirional insured) whicl� Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided sball not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contracto�'s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insm�ance as is appropriate for the Work being perPormed and as will provide protection from claims set forth below which may arise out of or result from Contractor's perfoimance of the Work and Contractor's other obligaCions under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1, claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2, claims for damages because of bodily injury, occupational siclrness or disease, or death of Contractor's employees; 3, claims for damages because of bodily injmy, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal iujury liability coverage which are sustained: EJCDC C-700 Standard General Cm�ditim�s of the Cm�st�vction Conh�act Copyright OO 2007 Natim�at Society of Professionat Engineers fm� EJCDC. AII righ[s rese�ved. Paee 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 dama�es, other than to the Work itself, because of injury to ar deshuction of tangible properry wherever located, including loss of use resulting therefi•om; and 6. claims for damages because of bodily injury or death of any person or properry dan�age 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 insurauce required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entiries identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligaCions under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage affarded will not be canceled, materially changed or renewal refused until at least 30 days prior writiten notice has been given to Owner and Contractor 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 unril final payment and at all times thereafter when Contractor may be con�ecting, 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 yeus after final payment. b. Conh�actm• 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 thereatter. li,iCDC C-700 Standard Gcncral Cm�diNm�s of [he Conshnction Conh•act Copyright O 2007 National Society of Prufessional Engincers fm� CJCDC. All rig6ts rese�ved. Paee 18 of 62 5.05 Owne��'s Liability Insa�rance A. In addition to the insurance required to be p�rovided by Contractor under Paragraph 5.04, Owner, at Ownei's option, may purchase and maintain aY Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise fi�om operations under the Cont��act Documents. 5.06 Prope�•ty Insurance A. Unless othenvise provided in the Supplementaiy Conditions, Owner shall purchase and maintain properCy 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: I. include the interests of Owner, Conh�actor, Subconh•actors, and Engineer, and any other individuals or entities idenrified 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 Buildei's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or� causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3, include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incoiporated in the VJork, 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 stariup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractar, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall pm•chase and maintain such equipment brealcdown insurance or additional properry insurance as may be required by the Supplementaiy 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, ESCDC C-000 Standard Ceneral Canditions of [he Constructim� CmLLract Copyright � 2007 National Soeicty of P�rofessional �ngineers for L�7CDC. AII rights rese�wed. Paec 19 of 62 members, parmers, employees, agents, consultants and subconh�actors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence 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 refased 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 Para�•aph 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 otheis 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 boine by Conh•actor, 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 Paragt�aph 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 ofRights 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 ar 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 ar� causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other properry 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 Supplen2entary 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 parry making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable uuder any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subconri•actors of each and any of them for: �dCDC C-700 Standard Genernl Conditions of the Conetruction Cm��rnct Copyrig6t � 2007 National Society of Professional rngineera for P�dCDC. Atl �ights rese�ved. 1. loss due to business intetruption, loss of use, or othef� consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting fi�om fire ar other perils whether or noC 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 fmal payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss refen�ed 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 haue no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractars of each and any of them. 5.08 Receipt and Application of Insurance Pr•oceeds 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 far the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciaiy shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss wiYh the insurers and, if required in writing by any pa��ry 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 Contractar has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragr�aph 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 parry 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 parry in writing of such failure to purchase prior to the start of che Work, or of such failure to maintaiu prior to any change in the required coverage. Without prejudice to any other right ar remedy, the other parCy may elect to obtain equivalent bonds or insurance to protect such other party's CSCDC C-700 Standard General Cm�ditlons of the Consh•ucfiun Conhaet Copyright OO 2007 National Society of Professimial Gngineers fm� �JCDC. All righ[s reseiwed. Paee 21 af 62 interests at the expense of the party who was required to provide such covet�age, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilizatio�2, Adcnowledg�nent of Proper�ty Insurer A. If Owner iinds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupaucy shall commence before the insurers providing the propertyinsurance pursuantto Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or pei�rnitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Conri•actor shall supervise, inspect, and direct the Work compeYenCly 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 constiuction which is shown or indicated in and expressly required by the Contract Documents. B. At all rimes dw�ing 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; Worlcing Hoams A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and peiform 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 duri�lg regula�� working hours. Contractor will not permit the pei%rmance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unt�easonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otheiwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all seivices, materials, equipment, labor, h�ansportation, construction equipment and machinery, tools, appliances, fue1, power, light, heat, telephone, water, sanitaiy facilities, temporary facilities, and all other facilities and incidentals necessaiy for the performance, testing, stait-up, and completion of the VJorlc. �JCDC C-700 S[andard General Conditlons of [he Consh•nction Contract Copyrigh[ <O 2007 National Suciety of Pirofcssional Tngineers for C,iCllC. AII rights rese�ved. Paee 22 of 62 B. All materials and equipment incorporated into the Woilc shall be as specified or, if noY specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Speci6cations shall expressly run to the benefit of Owner. If required by Engineer, Conri•actor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipnzent shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with insh�uctions of the applicable Supplier, except as othet�wise may be provided in the Contract Documents. 6.OA Prog��ess Sc&edule A. Conh•actor 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 Para�-aph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjushnents will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Confract 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 Substitutes and "Or-Eqz�als" A. Whenever an item of material or equipment is specified or described in the Conh•act Documents by using the name of a proprieta�y item or the name of a particular Supplier, the specification or description is intended to establish the type, funetion, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to L,ngineer for review under the circumstances described below. "O��-Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Conh•actor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or�-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the putposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered funcrionally 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 conshuction, quality, durability, appearance, sh�engtU, and design characteristics; cacnc a�oo sr���a�� a e���e� �i co��a�eo„s os me co„st����eo�� co��t��a�r Copyright � 2007 Natimial Sociery of Professionat L�ngineers for E,iCDC, Ail rights reserved. Page 23 of 62 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 perfonnance and availabiliry of responsive service. b. Contractor cei�tifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner ar inerease in Conri•act Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Iten2s: a. If in Enginee�'s sole discretion an item of material or equipment proposed by Conh�actor 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 equivalenY to Chat named and an acceptable substitute therefor. Requests far review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.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 substitute item will: a) pei%rm adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substituCe item will prejudice Conh�actor's achievement of Substantial Completion on rime, b) whether use of the proposed substitute item in the Work will require a change in any of the Cont�•act Documents (or in the provisions of any other direct conh�act with Owner for other work on the Project) to adapt the design to the proposed substitute item, and ESC`nC G700 Standard General Cm�ditions of [he Construction Conhact CopyrigLt � 2007 Natia�al Society of Professimial Gngineers fm� tiJCDC. All rights rese�ved. Paee 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 fi•om 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 conri•actors affected by any resulting change. B. Substitute Constra�ction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of conshuction is expressly required by the Contract Documents, Contt�actor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Conh•actor shall submit sufficient information to allow En�ineer, in Engineer's sole discretion, to deteimine that the substitute proposed is equivalent to that expressly called for by the Conh�act 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 rime 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 En�ineer'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 detertnination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Rei»iba�rsenzent: 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. Contractar shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor•'s Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractoi's expense. 6.06 Concee•ning Siabcontractors, Suppliers, and Otl2ers A. Contractor shall not employ any Subconh•actor, 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 Owuer may ha�e reasonable objecCion. Contractor shall not be CJCDC C-700 Standa�d Gencral Cm�ditions oS[he Cm�s[ructlm� Contract CopyrigLt � 2007 Na[ional Society uf Professional L,ngineers fm� CJCDC. All rights reserved. Paee 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to fvrnish or perform any of the Worlc against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontracfors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date priar to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's accepYance (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 invesCigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or� other individual or entity, and the Conri•act Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No accepYance 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. Contractm• 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 oP 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. Conh-actor 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 cont��act with Conh•actor. E. Contractor shall requis�e a11 Subcontractors, Suppliers, and such other individuals or entities performing or fiu�nishing any of the Work to communicate with Engineer through Conh•actor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among SubconCractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a SubcontracCor or Supplier will be pursuant to an appropriate agreement between Conh�actor and the Subcontractor or Supplier which specifically binds the Subconh•actor 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 Subcont�•actor 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, CSCDC C-000 Standnrd Generai Conditlons of the Consh•uetimi Conhact Copyright� 2007 Nafional Soeiety of P�rofessionxl I!;ngineers fm� Lr.ICDC. All rights rese�ved. Pagc 26 of G2 Conri•actor, Engineer, uid all other individuals or entities identified in the Supplementaiy Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subconh•actors 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, ff the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Conh•actor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalries 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 Conh•act 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 peimitted 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 couit 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 incoiporation 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 cop}n�ights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directars, 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 relaring to any infi�ingement 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 Conn�act Documents. 6.08 Pe»�aits A. Unless otherwise provided in the Supplementazy Condirions, Conri•actor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Conri•actor shall pay all governmental charges and inspection fees necessaiy 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 A��eement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. E,iCDC C-700 Standard Cenerai Condilimis of the Cmist�vction Cm�h•act Copyright � 2007 Nadonal Society of P�nfessional Gngineers fm� E.TCDC. All righta rese�ved. Pa¢e 27 of 62 6.09 La��s and Regulations A. Contractor shall give all notices required by and shall comply with all I.aws and Regulations applicable to the performance of the Work. Except where othe�wise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Kegulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bea�• 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, buC this shall not relieve Contractor of Contractoi'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) hauing an effect on the cost or time of performance of the Woilc shall be the subject of an adjusttnent 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. Cont�•actor 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 Wark. 6.1 I Use ofSite and OtherAreas A. Lin2itation on Use of Site and Other Areas: 1. Contractor shall confine conshuction equipment, the storage of materials and equipment, and the operations of workers to tlie Site and other areas peimitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with consriuction equipment ar other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the perfoi�rnance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Cont��actor shall promptly settle with such othet� parCy by negotiation or otheiwise resolve the claim by a��bitration or other cGspute resolurion proceeding ar at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold haimless Ownet� 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 (induding but not limited to all Cees 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 EJCDC C-700 Standard General Canditions of the Construction Cm�tract Copyright 0 2007 Na[ional Socicty of Profesaia�al lingineers for �.iC�C. All rights 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 T1ie Wo1-k. B. Removal of Debris During Perfo��nia�2ce of the Wor]c.• During Yhe progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, iubbish, and other debris. Removal and disposal of such waste materials, iubbish, and other debris shall conform to applicable Laws and Regulations. C. CleaT¢ing: Prior to Substantial Completion of the Work Conri•actor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work ConYractor shall remove fr•om the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all properry not designated for alteration by the Conri•act Documents. D. Loading Structures: Contractor shall not load nor permit any part of any shucture 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 Docunsents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the peiformance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessaiy 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 offthe Site; and 3. other properry at the Site or adjacent thereto, including trees, sluubs, lawns, walks, pavements, roadways, st�•uctures, ufilities, 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 relatin� to the safety of persons or property, or to the protection of persons or properry from damage, injury, or loss; and �SCDC C-700 Standard General Cmiditions of the Conshvetion CmLLracl Copyright OO 2007 NaHonal Socicty of Prufessional Cngineers fm� CdCDC. All rights reserved. Paee 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Conri•actor sl�all norify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in Y1ie protection, removal, relocation, and replacement of their properry. C. Conh�actor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safery 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 refen•ed to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Conh•actor, 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 tkie 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 accardance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Complerion). 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. 615 Haza��d Conana¢�nicatioia Programs A. Conri•actor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made auailable to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Worlc or properry at the Site or adjacent thereYo, Contractar is obligated to act to prevent ttu•eatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations fi•om 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 CSCDC C-700 Standard General Conditim�s of the Cmistructlm� Conh•act CopyrigLt � 2007 Natimiat Society of P�rofessional Enginoers for CJCDC. All rights rese�ved, Paee 30 0£62 required because of the action talcen by Conh•actor in response to such an emergency, a Work Change Dit�ective or Change Oider will be issued. 6.17 Shop D�°awi�ags and Samples A. Conri•actar shall submit Shop Drawings and Samples to Engineer for review and approval in accor-dance with the accepted Schedule of Submittals (as required by Paragaph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractar 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 Specificarions. 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 responsibiliry of Conh•actor. C. Sacb»2ittal Procedures.• 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Wark and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design ciiteria, installation requirements, mateiials, catalog numbers, and similar infot�rnation 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 constiuction, and safety precautions and programs incident thereto. GJCDC G700 Standard Gm�eral Condilim�s of the Construction Conh•acf Cupyright �O 2007 Nxtlonat Society of Arofessional �ngineers Cor II;JCDC. All rights re.ce�ved. Paee 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Conhactor's obligations under the Contract Documents witli respect to Conh•actor's review and approval of that submittal. 3. With each submittal, Cont��actor shall give F,ngineer specific written norice of any variations that the Shop Drawing or Sample may have from the requirements of the Conri•act Documents. This notice shall be both a written communication separate fi�om 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: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to detertnine if the items covered by the submittals wi11, after installation ar 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 conshuction (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 whieh the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibiliry for any variation fi•om the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from ��esponsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resub»sittal Procedtiires: 1. Contractor shall make coirections required by Engineer and shall return the required number of coirected copies of Shop Drawings and submit, as required, new Samples for review and approval. Cont��actor shall direct specific attention in wriring to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continaiing the Worlc A. Contractor shall cairy 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 otheitivise agree in writin�. �SCDC C-700 Standard General Condilions of the Conshvcfion Contract Copyright � 2007 Natimial Society of P�rofeseimial �ngineers fm� GSCDC. All rights re.se�ved. Pa¢e 32 of fi2 6.19 Contractor's General Warranty a��d Gc�ara�ztee A. Contractar warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. F,ngineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Conri•actor's warranty and guarantee hereunder excludes defects or damage caused by: 1, abuse, modification, or improper maintenance or operation by persons other than Conri•actor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. noirnal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contr�act 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 perfoim the Worlc in accordance with the Contract Documents: 1. observations by Engineei; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3, the issuance of a certificate of Substantial Complerion by Engineer or any payment related thereto by Owner; 4. use ar occupancy of the Work or any parC 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 Inde»snifzcation A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold har-mless Owner and Engineer, and the officers, director�s, members, partners, employees, agents, consultants and subconh•actors 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 arbitrarion or other dispute resolution costs) arising out oF or relating to the perfarmance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, siclrness, disease, or death, or to injury to or desh•uction of tangible property (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 perform any of the Work or anvone for whose acts any of them may be liable . CJCDC C-700 Standard General Cm�ditla�s of the Cunstructimi Coniract Cupyright O�' 2007 Na[ional Socicty of P�rofessia�al Gnginecrs fm� P.dCDC. All rights rese�wed. I'aec 33 ot 62 B. In any and all claims against Owner or Engineer or any of tl�eir officers, directors, members, partners, employees, agents, consultants, or subconh�actors by any employee (or the suivivor or personal representative of such employee) of Contt�actor, 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 ot• for Conri•actor 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 Contractar under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's offcers, directors, members, partners, employees, agents, consultants and subcontractors arising out o£ 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 instrucrions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation ofP��ofessionalDesign Services A. Contractar 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 cany out Contractor's responsibilities for constiuction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by Uie Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the seivices, cerCifications or approvals perfarmed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services musC satisfy. D. Pw�suant 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 confoimance with perfor-mance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the puipose stated in Paragraph 6.17.D. ] . CSCDC C-000 S[andard General Conditions af the Constructim� Cm�tract Copyright C� 2007 National Sociely of Rrofeasional l,ngineers fm� L�SCDC. All rights resmwed. Paec 34 0l'62 E. Contractor shall not be responsible for the adequacy of the performance ar design criteria required by the Conhact Documents. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Worlc at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work pei%rmed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Conh�actor prior to stai�ting any such other work; and 2. if Owner and Contractm• are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Conri•act 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. Contractar shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the inh�oduction and storage of materials and equipment and the execution of such other work, and properly coardinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Wark that may be required to properly connect or othetwise make its several parts come together and properly integrate with such other worlc Contractor shall not endanger any work of others by cutting, excauating, or otherwise altering such work; provided, however, that Conri•actor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to tlie extent that there are comparable provisions for the benefit of Conh�actor in said direct conh•acts 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, Conh�actor shall inspect such other work and promptly report to Engineer in writing any delays, defects,, or deficiencies in such other work that render it unauailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance oP other work on the Project at the Site, tbe following will be set forth in Supplementaiy Conditions: the individual or entity who will haue autharity and responsibility for coordination of Che activities among the various contractors will be idenrified; 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. �dCDC C-700 Standard Gm�eral Cm�ditions of Hte Conshnctim� Cmitrac[ Copyright � 2007 Natimial Society of Pirofesaimial Enqineers fm• EJCUC. All rights resmved. Pace 35 of 62 B. Unless otherwise provided in tk�e 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 disiuption costs incurred by Contractor as a result of the other conri�actor's �n•ongful actions or inacfions. 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 Conri•actor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Co�nnaunicatio�zs to ContractoY A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractar through Engineer. 8.02 Replace�nent ofEngineer A. In case of teimination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay Whe�z Dzre 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 Easenients; 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 auailable 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 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and properry insurance u•e set forth in Article 5. �JCDC C-700 Standard Generai Cm�ditimis of the Consh•uclimi Cm�tract Copyright � 2007 Natiainl Society of Profeasional Gngineei:s for C,iCDC. All iights reserved. Paee 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 hzspecrio��s, Tests, and Approvals A. Owner's responsibility with respect to cerCain inspections, tests, and appr�ovals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of conshuction, or the safery precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the pei�formance of the Work. Owner will not be responsible for Contractor's failm•e to perform the Work in accordance with the Contract Documents. 8.10 Unclisclosed Hazardozrs Environniental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 FvidenceofFinancialArrangenzents A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial an�angements have been made to satisfy Owner's obligations under the Contract Documents. 812 Compliance with Safety Prograni 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 Pat�agraph 6.13.D. ARTICLE 9—�NGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the conshuction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during conshuction are set farth in the Conh•act Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at inteivals appropriate to the various stages of constiuction as Engineer deems necessaiy in order to obseive as an experienced and qualified design professional the progress that has been made and Che quality of the various aspects of Cont��actoi's executed Work. Based on information obtained during such visits and obseivations, Engineer, for the benefit of Owner, will determine, 'rn ge�zeral, if the Work is proceeding in accordance with the Contract Docwnents. Engineer will not be required to make exhausrive or EJCDC C-700 Standard General Conditimis of the Cm�structlon Contract Copyrigh[ Q 2007 National Sacicty of Professional �ngineers for GSCDC. All rights rese�ved. 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 deg•ee of confidence Chat the completed Wark will conform �enerally to the Contract DocumenYs. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. En�ineer's visits and observations are subject to all the limitations on Engineer's authoriry and responsibility set forth in Pa��agraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Conh•actor's Work, Engineer will not supeivise, direct, control, or have authority over or be responsible fot� Contractor's means, methods, techniques, sequences, ar procedures of constiuction, or the safety precautions and programs incident thereto, or for any failure of Conri�actor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 ProjectRepresentative 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 Representarive 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 authoriry and limitafions thet�eon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Conh�act 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 Conh•actor 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 Worlc 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 confoims 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 haue authority to require special inspection or testing of the Work as provided in Paragz•aph 13.0�4, whether or not the Work is fabricated, installed, or completed. EJCDC C-000 Standard General Cmidi�ions of the Construction ConiracC Copyright � 2007 National Society of Professional Engineers for CdCDC. All rights reserved. 9.06 Slzop Drawi�ags, Change Or•ders and Paynae��ts A. In connection witli Engineer's authoriry, and limitations thereof as to Shop Drawings and Samples, see Paragraph 617. 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, iP any, see Paragraph 6.21. C. In connection with Eilgineer's authority as to Change Orders, see Articles 10, ll, and ] 2. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Deternainatio�ss for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Conh•actor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Reguirements of Contract Docamaents andAcceptability of Woriz 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 priar 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 refeired. If Owner or Contractor believes that any such decision entitles them to an adjustment in fhe 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 pmposesofParagraph IO.OS.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 funetioning 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 Li�nitatio�zs on Engineer's Aaitlsority 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 CSf,DC C-700 Sfandard Ceneral Conditimu of t6e Constivction Cmih�act Copyright � 2007 Na[im�al Society of P�rofessional Engineers fm� GSCDC. All rights reserved. exercise such authority or responsibility or the undertaking, exercise, or performance of any authority m• responsibility by Engineer shall create, impose, or give rise to any duty in contract, Cort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee m• agent of any of them. B. Engineer will not superoise, direct, conri•ol, or haue authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, ar the safety precautions and programs incident thereto, ar for any failure of Conh�actor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts ot� omissions of Conri•actor or of any Subcontractor, any Supplier, or of any other individual or enrity performing any of the Work. D. Engineer's review of the final Applicarion for Payment and accompanying documentation and all maintenance and operating inshuctions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to deteimine 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 assisYants, if any. 9.10 Co�npliance with Safety Progra�n A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 613.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change 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 otheiwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjusrinent in the Conh•act Price or Conh�act 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. C,iCDC C-700 Standard Genernl Conditlons of the Consh�uefimi Cm�h�act Copyright O 2007 Na[ionai Society of Pirofessional Pngineers for EJCDC. All rights reserved. Paee 40 of G2 10.02 Unauthorized Cha�2ges in tlze WoYlc A. Contractor shall not be enCitled to an increase in the Contract Price or an extension of the Conh�act Times with respect to any work performed that is not required by the Conri•act Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Conh•actor shall execute appropriate Change Orders recommended by Engineer covering: 1, changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the pairties; 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 Conh•act 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 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractoi's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Clai�ns A. Engineer's Decision Reqtiiired: All Claims, except those waived pursuant to Paragraph 14.09, shall be refen�ed to the F,ngineer for decision. A decision by Englneer� shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise haue 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 pariy making the Claim. Notice of the amount or extent of the Claim, with supporCin� data �JCDC C-700 Shandard Genernl Caidi[ions of the Construction Contract Cupyrigli[ OO 2007 National Society of Prafessional tngineers fm� EJCDC. All rights reseiwe�. Paee 41 of 62 shall be delivered to the Engineer and the other party to the ContracY within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Conri•act 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 claimant's written statement thaC the adjustment claimed is the entire adjustment to which the ciaimant believes it is entitied as a result of said event. The opposing parry shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; w� 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Para�aph 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 ar Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Worlc A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incun�ed and paid by Contractor in the proper pei%rmance of the Work, When the value of any Work covered by a Change Order ot� 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 otheiwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than tl�ose prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph ll.O 1.8, and shall include only the following items: CJCDC C-700 Stnndard General Condilions of [he Conshvctlon Conh•act Copyright 0 2007 Natim�al Society of Professional Gngineers fm� GJCDC. All rights reserved. PaEe 42 of 62 Pa}n�oll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Worlt Pa}n�oll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Pa}n•oll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefts, which shall include social security contributions, unemployment, excise, and pa}n•oll taxes, workers' compensation, health and retirement benefits, bonuses, sick leaue, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field seivices 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 acciue to Owner. All trade discounts, rebates and r�efunds and rehzrns 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 Conh�actar to Subcontractors for Work perfoimed 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. lf any subconn•act provides that the Subcontractot� is to be paid on the basis of Cost of the Work plus a fee, the Subconh•actor's Cost of the Work and fee shall be determined in the same manner as Conh•actor's Cost of the Wark and fee as provided in this Paragraph 1 I.O 1. 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 Contracto�'s employees incun•ed in discharge of duties connected with the Work. b. CosY, including transportation and maintenance, of all materials, supplies, equipment, machineiy, 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 properry of Contractor. c. Rentals of all construction equipment and machinery, and the parfs thereof whether rented from Contractor or others in accordance with rental ag•eements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereo£ All such costs shall be in accordance with the teims of PJCDC C-700 StandarU Gencral Conditlons of the Consh�uction Contrac[ Copyriglll OO 2007 National Socie[y of Arofessional Engineers for E.iCDC. All rights reserved. Paee 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parfs shall cease when the use thereoPis no longer necessa�y 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 Conh•actor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalry payments and fees for permits and licenses. £ Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otheitivise, 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 pmpose 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 periy cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Conh•actor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Pa}n�oll 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 Wark and not specifically included in the agreed upon schedule of job classifications refen�ed to in Paragraph 11.OI.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered adminish•ative costs covered by the Conh•actor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractoi's capital expenses, including interest on Contractoi'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 C.TCDC C-700 Stnndard General Conditlons of tl�e Construcfion Contract Copyright � 2007 National Sociely of' Professim�al Gngineers far �.TCDC. All rights rese�ved. limited to, the emrection of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I 1.OI.A. C. Contractor's Fee.• When all the Worlc is perfoi�rned 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 au adjustment in Conri•act Price is determined on the basis of Cost of the Work, Conh�actor's fee shall be determined as set forth in Paragraph 12.OI.C. D. Docu»ie�station: Whenever the Cost of the Work for any pmpose is to be determined pursuant to Paragraphs I1.O1.A and 11.O1.B, Contractor will establish and maintain records Chereof 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 undeistood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor ag�ees that: a. the cash allowances include the cost to Conri•actor (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 far additional payment on account of any of the foregoing will be valid. C. Contingency Allowa�ice: 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 Ordet� will be issued as recommended by Engineer to reflect actual amounts due Conri•actor on account of Wark covered by allowances, and the Contract Price shall be correspondingly adjusted. I 1.03 Unit Pr•ice Worlc A. Where the Conri•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 ESCDC C-700 Standard General Cm�ditions of the Conshvcfim� Conh•act Copyrig6t 02007 National Society uf Professional Enginem�s for CSCDC. All rights reserved, the sum of the unit price for each separately identified item of Uuit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estinzated quantities of items of Unit Price Work az•e not guaranteed and are solely for tlie purpose of comparison of Bids and deteimining an initial Conri•act Price. Deteiminations of the actual quantities and classificarions of Unit Price Worlc performed by Conri•actor 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 Conh•actor to be adequate to cover Conh•actor's overhead and profit for each separately idenrified item. D. Owner or Contractor may make a Claim for an adjushnent in the Contract Price in accordance with Paragraph 10.05 if: the quantity of any item of Unit Price Work perfoimed by Conri•actor differs materially and significantly from the esrimated quanYity of such item indicated in the Agreement; and 2. there is no con�esponding 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 incuired 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 PRICF; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim far an adjustment in the Contract Price shall be based on written notice submitted by the party malcing 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 Conh�act Price will be detei�rnined 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 quanriries of the items involved (subject to the provisions ofParagraph I 1.03); or where the Wot�k 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 prof t not necessarily in aceordance with Paragraph 12.O1.C.2); or where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Par�a��aph 11.01) plus a Cont��actoi's fee for overhead and proft (determined as provided in Paragraph 12.OI.C). EJCDC C-700 Standard General Conditim�s oS tl�c Conshvctlon Caitract Copyright O 2007 Na[im�al Society of Arofessional �nginee�s for EJCDC. All rights rese�ved. Paee 46 of 62 C. Co�ztractor's Fee: The Contractor's fee for overhead and profit shall be deteimined as follows: 1. a mutually acceptable fixed fee; or 2, if a fixed fee is not a��eed upon, then a fee based on the following percentages of the various poitions of the Cost of the Work: a. for costs incurred under Paragraphs I 1.O1.A1 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 ar more tiet�s 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 I I.O1.A.1 and ll.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by Conh•actor 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 adjustrnent in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.O1.C.2.a tku•ough 12.OI .C.2.e, inclusive. 12.02 Change of Co�ztract Tinies A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the ConYract Times shall be based on written notice submitted by the pariy making the Claim to the Engineer and the other parry 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 Contractar 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 conh•ol of Contractor shall include, but not be limited to, acts or CSCDC C-700 Standard General Conditlons oP t6e Consdvctlm� Conh•act Copyright OO 2007 Na[im�al Society of Professional Cngincers fm� GJCDC. All rights reserved. Paee 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors pei�forming other work as contemplated by Arricle 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners petforming other work for Owner as contemplated by Article 7, or auyone for whom Owner is responsible, delays, disiupts, or interferes with the performance or progress of the Work, then Conh•actor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, ar both. Contractar's entitlement to an adjushnent of the Conhact Tirnes is conditioned on such adjustment being essential to Conh•actor's ability to complete the Work within the Conh�act Times. C. If Contractor is delayed in the pei�foimance 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 conri•ol of Owner and Contractor, then Contractor shall be entitled to an equitable adjusrinent in Contract Times, if such adjusrinent is essential to Coniractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Conh�actor'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, ar 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. Conh�actor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays amibutable 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 INSPECTTONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice ofDefects 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. 13A2 Access to Worlc A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will haue access to the Site and the Wark at reasonable times for their obseivation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Cont��actor's safety procedures and programs so that they may comply therewith as applicable. ESCDC C-700 StandarA Ceneral Ca�ditions oS the ConsG�uction CmLLract Copyiigl�[ G<' 2007 Nationat Sociely of P�rofess3onnl Rngincers Por �iJCIIC. All rights reserved. I'aee 48 of G2 13.03 Tests and bzspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratoiy to perfoi�rn all inspections, tests, or approvals required by the Conh�act Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incun�ed 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, Conh�actor shall assume full responsibility for an�anging and obtaining such inspections, tests, or approvals, pay all cosCs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for airanging 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 incorparated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for obseivation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Conh�actor's expense unless Contractor has given Engineer timely notice of Conri•actor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Worls A. If any Work is covered conri•ary to the written request of En�ineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contr�actor's expense. B. If Engineer considers it necessary or advisable that covered Work be obseived by Engineer or inspected or tested by others, Cont�•actor, at Engineer's request, shall uncover, expose, or otherwise make auailable for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. ESCDC C-700 S[andard General Conditions of the Cm�sh�uc[ion Conirnct Copyrigh[ � 2007 Na[ia�al Society of I'rofessional �ngincers for CJCllC. All rights resc�ved. Page 49 of 62 C. If it is found that the uncovered Work is defective, Conh•actor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, arcl�itects, attorneys, and other professionals and all court or arbitration or other dispute resolution cosYs) arising out of or relating to such uncovering, exposure, obseivation, inspection, and testing, and of satisfactory replacement or reconstructioiz (including buC not limited to ail 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. ff the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Conh•act 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 amowit or extent thereof, Contractar may make a Claim thet�efor 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 ot� suitable materials or equipment, or fails to perfoim the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Ren2oval of Defective Wo�^7c 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. Conh•actor 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 con�ection or removal (including but not limited to all costs of repair or replacement of work of others). B. When con•ecting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such lon�er period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Conh-actor's use by Owner or peimitted by Laws and Regularions as contemplated in Paragraph 611.A is found Co be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: I�;JCDC C-700 Standard Generai Conditions of the Co�uhnetion Conhac[ Copyright 02007 National Society of ProPessia�al Cngineers fm� LJCDC. All �ights reserved. Pagc 50 of 62 I. 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. sarisfactorily carrect or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefi•om. B. If Contractor does not promptly comply with the terms of Owner's writfen inshuctions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute 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 wark of' others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the coirection period for that item may start to run from an earlier date if so provided in the Specif cations. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance ofDefective Worlc A. If instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work 2o the extent not otherwise paid by Conh•actor 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 malce a Clain2 therefor as provided in Paragraph 10.05. If the acceptance occros after such recommendation, an appropriate amount will be paid by Contractor to Owner. C,iCDC C-700 Standard General Cm�diBons of the Cmistructlm� Contract Copyright OO 2007 Na[im�al Society of P�rofessimial Engincers for GSCDC. NI rig6ts rese�ved. 13.09 Ow�ser• May Con•ect Defective Worlc A. If Conhactor fails within a reasonable time after written notice from Engineer to correcY 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 Yhe Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, afler seven days written notice to Contr•actor, 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 con�ective or remedial action, Owner 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, take possession of Contractor's tools, appliances, construction equipment and machineiy at the Site, and incorporate in the Wos•k all mateiials 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, attarneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others desh•oyed 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 attt-ibutable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Sched2tle of T/alues A. The Schedule of Values established as provided in Paragraph 2.07.A will seive as the basis for progress payments and will be incorporated into a fot-m of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Wark will be based on the number of units completed. 14.02 Progi•ess Payments A. Applications for Paynaents: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EdCDC C-700 Standard General Cm�difions of the Conshnction Conh�act CopyriglLL � 2007 Natim�nl Sociery of ProPessianal L.ngineers for C,iCDC. All rights reserved. Paee 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 docuinentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation wan�anting that Owner has received the materials and equipment fi-ee and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other airangements to protect Owner's interest therein, all of which must be sarisfactory to Owner. 2. Beginning with the second Application far 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 pirogress payments will be as stipulated in the Agreement. B. Review ofApplications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessaiy corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's obsetvations 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 Contr•act 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 Wm�k 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 Wark. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of tl�e Work as it has been perfoi�rned haue been exhaustive, extended to every aspect of the Work in progress, or CJCDC C-700 SfanAard General Condi[ions oS[he Cmistivctim� Conhact Copyright C� 2007 National Society of Professional �ogineers for CSCDC. All rights reserved. Paec 53 of 62 involved detailed inspections of the Work beyond the responsibiliries specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Cont�•actor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Wot�k for the purposes of recommending payments nor Engineet's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, ar procedures of consh�uction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Conh•actor 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, iY would be incorrect to make the rcpresentations to Owner stated in Para��aph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring coirection 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 occun�ence of any of the events enumerated in Pat�agraph 15.02.A. C. PaymentBeco�nesDue: 1. Ten days after presentation of the Application for Payxnent to Owner wiCh Engineei'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. E,iCDC C-700 S[andard General Conditions of the Cm�sh�uctlon Conh•act Copyrigirt � 2007 Nationat Saciety of ProPessional Enginems for G.TCDC. All righ[s reserved. Paec 54 of 62 D. Reduction ii2 Pay»2ent: 1. Owner may refuse to mal<e payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractoi's perfarmance or furnishing of the Work; b. Liens haue been filed in connection with the Work, except where Conri�actor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occmrence of any of the events enumerated 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 Conh�actor 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 deteimination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be t�•eated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incoiporated 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. VJhen Contractor considers the entire Work ready for its intended use ConY��actor shall norify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Conh�actor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notificarion, Owner, Conh•actor, 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 Conh•actor in writing giving the reasons therefar. 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 lisC of items to be emnpleted or corrected before ESCDC C-700 S[andard Ceneral Cm�dilions oS Ihe ConstrucHon Cm�tract Copyriglit O 2007 National5ociery of Professimial Cnginecrs fm� EJCDC. Atl righ[s reserved. PnQe 55 of 62 final payxnent. Owner shall l�ave seven days afler� receipt of the tentative certificate during which to make written objection to Eugineer 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 Conri�actor in writing, stating the reasons therefor. If after consideration of Ownei's objections, Engineer consideis 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 ot� coirected) reflecting such changes fi•om the tenYative 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 infoi�rn 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. F,. Owner shall have the right to exclude Conh•actor 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 tentarive list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, pwner may use or occupy any substantially completed pait 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 Conri•actor's pe�formance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Conh•actor in �n•iting to permit Owner to use or occupy any such part of the Worlc which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Conh•actor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for Yhat part of the Work. 3. Within a reasonable time after either such request, Owner, Conh•actor, and Engineer shall make an inspection of that part of the Work to determine its sYatus of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Conri�actor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 1�4.04 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. �JCDC C-000 Standard General Cm�ditim�s of the Cm�strucHon Contraet Copyright �O 2007 Natia�al Sociery of Professional L�nginecrs fm� CJCDC. All righ[s resmved. Paee Sfi of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding properry insurance. 14.06 Fi�2allnspection A. Upon wriften notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly malce a final inspection with Owner and Contractar and will notify Contractor in writing oP all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measw•es as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Pa7maent A. Application for Pay�nent: 1. After Contractor has, in the opinion of Engineer, satisfactoi7ly completed all coirections identified during the final inspection and has delivered, in accordance with the Conh�act Documents, all maintenance and operating insriuctions, 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, Conri•actor may make application for final payment following the procedure for progress payments. 2. Tbe final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases ar 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, Contractar may furnish receipts or releases in full and an affidavit of Contractor that (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otheiwise satisfied. If any Subconh•actor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactoiy to Owner to indemnify Owner against any Lien. B. Engineer's Review ofApplication and Accepta�zce.• 1. If, on the basis of Engineer's obseivation of the Work during construction and final inspection, and Engineer's t�eview of the final Application far Payment and accompanying ESCDC C-700 S[andard General Conditions of the ConsOvctim� Contract Copyright �O 2007 NaHonal Society of P�rofessionnl Gngineers fm• EJCDC. All rig6ts rese�ved, documentation as required by the Contract Documents, Engineer is satisfied that the Wot�k has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days afier receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present Che Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Worlc is acceptable subject to the provisions of Paragraph 14.09. Otheiwise, Engineer will rehu•n the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary con•ections and resubmit the Application for Payment. C. Pay»2e�it Beconaes Due: I. Thirry days after the presentation to Owner of the Application for Paytnent and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entifled to set off against Engineei's recommendation, including but not limited to Iiquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Conzpletion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without teiminating the Contract, make payment of the balance due fot� that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or coirected is less than the retainage stipulated in the Agreement, and if bonds haue been fuinished 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 Contractar to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing tinal 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: a waiver of all Claims by Owner against Conh�actor, except Claims arising from unsettled Liens, from defective Work appeaiing after final inspecCion pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2, a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. GSCDC C-700 Standard General Conditlons of [h¢ Cm�st�vctimi Conh�act CopyrigLt � 2007 National Society of P�nfessia�al ISngineers for CSCDQ All rights reserved. Paee 58 of 62 ARTICLE 15 — SUSPENSION OF WORI{ AND TERMINATION I5.01 Ow�ser May 5uspend Wo��7c 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 Conri•actor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Conh•actor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Ten�ainate for Caarse A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perfonn the Work in accordance witb Che Cont��act 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 pursuanC to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractoi's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Conri•act Documents. B. If one or more of the events identified in Paragraph 15.02.A occm•, Owner may, after giving Conri�actor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, conshuction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Conri•actor for trespass or conversion); 2. incoiporate in the Work all materials and equipment stored at the Site or far which Owner has paid Contractor but which are stot�ed 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 ai7sing out of or relatin� to complering the Work, such excess will be paid to Conh�actor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard Ceneral Conditions of [he Caistivc[ion Conh�act Copyright OO 2007 Natim�al Socicty of Professional Cngineers Sm• �JCDC. All righ[s rese�ved, so approved by Engineer, incoiporated in a Change Order. When exercising any ri�hts or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work perFoimed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractoi•'s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to con�ect its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt ot said notice. E. Where Conh�actor's seivices haue been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Conh�actor then existing or which may thereafter acciue. 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 S.O1.A, the termination procedm•es of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Ter»iinate For Conve�iience 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 Conri•act. 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 tei�rnination, including fair and reasonable sums for overhead and proft on such Work; 2. expenses sustained prior to the effecrive date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue ar other economic loss arising out of or resulting from such termination. 15.04 Corxtractor May Stop Worh 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 �JCDC C-000 Standard General Cm�ditions of tlie Conatructim� Conh�nct Copyrigh[ <O 2007 NaHonal Society uPProfessim�al [bngineecs for EdCDC. All righls rese�ved. to pay Contractor any sum finally deteiniined to be due, then Conri•actor 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 fi•om Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally deteimined to be due, Conri•actor may, seven days after �n•itten notice to Owner and Engineer, stop the Work until payrnent is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Conh•actor from making a Claim under Paragraph 10.05 for an adjustmen2 in Contract Price or Conri•act Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and P�°ocedu��es A. Either Owner or Contr�actor 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 Indusriy Mediation Rules of the American Arbiri•ation 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 Conh�act. Timely submission of the request shall stay the effect of Paragraph 10.O5.E. B. Owner and Conh�actor shall participate in the mediation proeess in good faith. The process shall be conc(uded within 60 days of filing of the request. The date of teimination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.O5.0 or a denial pursuant to Paragraphs 10.O5.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: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. a��ees with the other parry to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a cowt of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contrac2 Documents requires the giving of wriCten notice, it will be deemed to have been validly given if: CSCDC C-700 S[andard General Cm�ditim�s of the Consh•uctim� Cm�tract Copyrigh[ � 2007 National Sociery of 7'�rofessiunat Cngineers for GdCDC. All rights reserved. Paee 61 oF 62 1. delivered in person to the individual or to a member of the firm or Yo an officer of the carporation for whom it is intended; or 2. delivet�ed at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Com�rutatio�a of Tinzes A. When any period of time is refeired to in the Conri•act Documents by days, it will be computed to exclude the first and include the last day of such period. ff 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 Ci�mi�lative Re»iedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addirion to, and are not to be consriued 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 wairanty 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 connecrion with each particular duty, obligation, right, and remedy to which they apply. 17.04 Sti�rvival ofObligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligarions indicated in the Conh•act 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 ControlliTigLaw 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. �JCDC C-700 Standard Gene�`al Conditions of the Cm�slructimi Contract Cupyrigh[ OO 2007 Nadm�al Soeiety of P�nfessim�al Cngineers fm• L�JCDC. All rights reserved. Paee 62 of 62 007300-1 SUPPL�.MENTARY CONDITIONS Page 1 of 2 � 3 PART1- GENERAL 4 1.1 SUMMARY 5�CTION 00 73 00 SUPPLLML,NTARY CONDITIONS 5 A. These Supplementary Conditions amend and supplement the General Conditions 6 defined in Document 00 72 00 and other provisions of the Contract Documents as 7 indicated below. 'Phe following paragraphs and subparagraphs take precedence over 8 the General Conditions. All pirovisions that are not so amended or supplemented 9 remain in full force and effect. 10 B. As detailed in 1.04 below, these Supptementaiy Conditions modify, change, delete 11 from or add to the General Conditions and shall apply to each and eveiy Section of the 12 Work as though written in full therein. 13 C. The tenns used in these Supplementaty Conditions that are defined in tl�e General 14 Conditions have the meanings assigned to them in the General Conditions. IS t6 17 18 19 20 21 ll. 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 Supplementaiy Conditions, the most restrictive provision sliall govern. 1.2 RELATED SECTIONS A. Section 00 52 43 — Developer Awarded Project Agreement. B. Section 00 73 10 — Standard City Conditions of the Constiuction Conh•act far Developer Awarded Projects 22 1.3 REFERENCE STANDARDS — NOT USED 23 24 25 1.4 MODIFICATIONS TO GENERAL CONDITIONS SC5.08 Add the foliowing paragraphs immediately after Paragraph 5.08.H.: 26 Retainage 27 28 29 30 31 32 33 34 35 36 L Owner shall make progress payments on account of the Contract Piice on tl�e basis of Contractor's Applications for Payment no later than the 20"' day of eacl� month during performance of the Work as provided in Article 12 — Completion in City of Fort Wortl� Standard City Condirions — Developer Awarded Projects. All such payments will be measured by the schedule of values established as provided in Developer Awarded Projects — Proposal Foi7n (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 Require�nents. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to tlie percentage indicated below but, in eacli case, less the aggregate of Logari Sguare, Phase ! Cih� l�roject No. 102077 007300-2 SUPPLGM6NTARY CONDITIONS Page 2 of 2 1 payments previously made and less such amounts as Engineer may determine or 2 Owner may withhold, iucluding but not limited to liquidated damages, in 3 accordance with Article 12 of the City of Fort Wortl� Standard Ciry Conditions — 4 Developer Awarded Projects. 5 a. 90 percent of Work compteted (with the balance being retainage). If the Work 6 has been 50 percent completed as detennined 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 incorporated in the Work I 1 (with the balance being retainage). 12 J. Upon Substantial Complerion, Owner shall pay an amount sufficient to inerease toCal 13 payments to Contractor to 100 percent of the Work completed, less such amounts as 14 Engineer shall determine in accordance with A�ticle 12 of City of Fort Worth Standard 15 Ciry 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 cert�ficate of Substantial 18 Completion. 19 PART 2- PRODUCT5 - NOT USED 20 PART 3- EXECUTION - NOT USED 21 END OF DOCUMENT Lagan Syum�e, Phuse 1 City Praject Na. l02077 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS C[TY OF FORT WORTH STANDARD CI'CY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: Sanuary IQ 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1-- Definirions and Tenninology......... 1.0] DefinedTerms .............................. 1.02 Terminology ................................. Article 2 — Preliminary Matters ............................ 2.01 Before Starting Conshuction........... 2.02 Preconshuction Conference ............. 2.03 Public Meeting ................................. Article 3— Contract Documents and Amending ............................ 3.01 Reference Standards .................................................. 3.02 Amending and Supplementing Conh�act Documents !'�'_ '-' 1 1 5 6 6 6 6 6 6 6 Article4— Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Ceitificates of Insurance ............................................................................................................... 7 4.04 Contractor's Insurance ..................................................................................................................9 4.05 Acceptance of Bonds and Insurance; Option to Replace ...........................................................12 Article 5 — Contractor's Responsibilities .................................................................. 5.01 Supeivision 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 Subcontractors 5.07 Concetning 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 ........................................................................... 514 Safety Representative .......................................................................... 5.15 Hazard Communication Programs ...................................................... 5.16 Submittals ............................................................................................. 5.17 Contractor's General Warranty and Guarantee ................................... 12 12 13 13 14 14 16 16 18 19 19 19 20 21 21 22 22 23 CITY OF FORT WOR'CH STANDARD C[TY CONDITIONS—DEVELOPER AWARDED PRO7ECTS Revised:Sanuary 10,2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit : ............................................. 5.21 Nondiscrimination ........................................ Article 6— Other Work at the Site ............................ 6.01 Related Work at Site ............................ Article 7 — City's Responsibilities ........................... 7.01 Inspections, Tests, and Approvals...... 7.02 Limitations on Ciry's Responsibilities 7.03 Compliance witl� Safery Program....... Artide 8— City's Obseivation Status During Conshuction.. 8.01 City's Project Representative ............................ 8.02 Authorized Variations in Work ......................... 8.03 Rejecting Defective Work ................................. 8.04 Determinations for Work Perfoi�ned ................. Article 9— Changes in the Wark ........................... 9.01 Authmized Changes in the Work..... 9.02 Notification to Surety ........................ Article 10 — Change of ConU�act Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Chauge of Contract Time ........................................... 10.03 Delays ......................................................................... ......................................... 24 ......................................... 24 ......................................... 25 ......................................... 25 ......................................... 26 ......................................... 26 ............................................ 26 ............................................ 26 ............................................ 26 ............................................ 27 27 27 27 27 28 � ...................................... 28 ...................................... 28 ...................................... 28 ...................................... 28 Article I 1— Tests and Inspections; Correction, Removal or Acceptance of Defective Work.......... 11.01 Notice of Defects ............................................................................................................ 11.02 Access to Work ............................................................................................................... 11.03 Tests and Inspections ...................................................................................................... 11.04 Uncovering Work ........................................................................................................... 11.05 City May Stop the Work ................................................................................................. 11.06 Con•ection or Reinoval of Defective Work .................................................................... 11.07 Con�ection Period ............................................................................................................ ll.08 City May Correct Defective Work ................................................................................. Article 12 — Completion ............................... 12.01 Contractor's Wairanty of Title 12.02 PaitialUtilization ..................... 12.03 Final Inspection ........................ 12.04 Final Acceptance ...................... Article 13 — Suspension of Work....... 13A1 City May Suspend Work Article 14—Miscellaneous ......................................... 14.01 Giving Notice .......................................... CITY OP PORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PRO.iECTS Revised: Sanuary 10, 20 t 3 ...........29 ...........29 ...........29 ...........29 ...........30 ...........30 ........... 30 ...........30 ...........31 ..................... 32 ..................... 32 ..................... 32 ..................... 32 ..................... 3 3 �c �R� 14.02 Computation of Times .................... 14.03 Cumulative Remedies ..................... 14.04 Survival ofObligations ................... 14.05 Headings .......................................... 34 34 35 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPE2 AWARDED PRO.iECTS Revised: January 10, 2013 00 73 10- I Slandard City Conditions Of The Conslructiom Contrect For Developer Awarded Projects Page I of 35 ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 Defi�zed Terms A. Wherever used in these General Conditions or in other Conri•act Documents, the terms listed below have tl�e meanings indicated which a��e applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent witli the definition of a listed-defined term, the terni shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Conh•act Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agree»zent - The written insriument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Adminish�ation. 3. Busi�zess Duy - 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, elech•onic document management and collaboration system. 5. Calendar Duy - A day consisting of 24 hom•s measured fi�om midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas ho�ne-rule mttnicipal corporation, acti�ag by, its governing body thr�ough its City Mm2ager, his designee, or agents atttho�•ized pa�rsuant to its datly aticthorizec� char•tw^ on his behalf. 7. Conami�raity Facilities Agreeme�at (CFA) A Contract between tl2e Developer and the City for the Constra�ction of o�ie or more followi�ag paiblic facilities withi�z the City pa�blic right-of- way or easen�ent.• Water, Sanitary Sewer, Street, Storm Dr�ain, Street Light, and Street Signs. A CFA naay include p��ivate facilities within the ��ight-of-way dedicated as private right-of- way o�° easense�at on a recorded plat. 8. Contract—The e�ati�°e and i�ztegrated written document incorporatir2g the ContYact Docunients between the Developer, Contractor, and/or City concerning the Worlc. The Coritract supersedes p��ior negotiations, representations, or agreements, whether written or oral. 9. Co�ztract Doci��nents—Those ite�ns that niake up the conh°act and which naa�st incla�de the Agree�nent, and it's attachnaents such as sta�adur•d coiastruction speciftcations, standard City Conditlons, other general co�2ditions of tlae Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVBI.OPER AWAI2DED PROSTCTS Revised: Jarmary IQ 2013 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the A��eement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Cuirent Prevailing Wage Rates Table (if required by City) d Insurance Accord Foin2 e. �• h. J• k. Payment Bond Pe�foimance Bond Maintenance Bond Power of Attoiney for Bonds Workeis Compensation Affidavit MWBE Commitment Form( If required by City) General Conditions 1. Supplementary Conditions m. The Standard Ciry Conditions n. Specifications specifically made part of the Conh-act Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the ProjecYs Contract Documents o. Drawings p. Documentation submitted by conh•actor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incoiporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance Approved Submittals, other Contractor submittals, and the repoits and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with who»z Developer has entered into the Agree�nent. 11. Day or day—A day, unless othenvise defined, shall meun a Calendar Day. 12. Developer — An individa�al ar eratity that desires to nsalce ce��tain in2provements within the Ciry ofFort Worth 13. Drawings—That part of the Contract Docu�nents preparecl or approved by Engi�aeer which graphically shows the scope, extent, and characte�� of the Work to be perfo��med by Contractor. Sz�bmittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering ftrm ��egistered ira the State of Texas perfornaing professional services fo�� the Developer. 15. Final �lcceptance — The wr•itten notice given by the City to t12e Developer mzd/or Contractor that the Worlc specified in the Co�atruct Docume�ats l�as been conapleted to the satisfactio�z of the City. CITY OF FORT WORTH STANDARD CITY CONUI'PIONS —DEVGLOPPR A WARDED PROSECTS Revised: January 10, 2013 00 73 10- 3 Standard Ciry Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspectiorz — Inspection carried out by the City to verify t12at the Cont�•actor• has co�npletecl the Wor•Ic, and each a�2d every part o�• appa�rtenmace thereof, ficlly, e�ztir•ely, a�zd in conforniance with the Conti°act Docn�ments. 17. Ge��e��al Reguirenieiits A part of the Co�atract Doctiiments betwee�z the Developer and a Contractor. 18. Laws arzd Regaclations A�2y and all applicable laws, �•ttles, r�egailations, o��dina�2ces, codes, and or�ders of any aiad all governmental boclies, agencies, authorities, and courts havi�xg jurisdiction. 19. Lie�zs—Charges, security interests, or wact�mbrances upora Project funds, real property, o�� personal property. 20. Milestaze A principal event specified ii2 the Contract Doczinaents relating to an intermediate Contract Time p�•ior to Final Acceptance of the Work. 21. Non-Participating Change O��der—A cJocaanaent, whicJi is prepared for a�zd reviewecl by the City, which is signed by Contractor, and DeveZope�, and azat7aorizes a�a acldition, deletion, or revision in tlae Wo�°Ic or an adjarstment i�z the Co�2tract Price or the Coiztract Time, issi�ed o�z or afte�� the Effective Date of the Ag��eement. 22. Participating Change Order—A document, whicl2 is p�^epared for and approved by the City, which is signed by Contractor, Developer, and City m2d attthorizes a�2 addition, deletio�z, or revisio�z in tlie Wo��7c or an adjustment i�z the Contract Pr•ice or tlse Co�ztract Time, issued ora or after the Effective Date of the Ag��eement. 23. Plans — See definition ofDrawings. 24. P�^oject Sd2edule A schedule, prepared a�2d maintainecl by Contractor•, in accordance wit7a t]ze General Reqttirements, describing the segttence and duration of the activities comp��ising the Contractor's plan to accon2plish the Worlc within the Coratract Ti�ne. 25. Project—The Wor1c to be performed under tke Co�atract Docu�nents. 26. Project Representative—The autho�^ized rep��esentative of the City who will be assigned to the Site. 27. Public Meeti�ig — An annoa�nced meeting conducted by the Develope�� to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regula�� Working Hours — Hours begi�zning at 7: 00 a.ne. and ending at 6.•00 p.�n., Monday thru Friday (exclz�ding legal holidays). 29. Samples—Physical exc�mples of nzaterials, eqaaipnaent, or worlcmanship that aYe representative of some portion of the Work and which establis7i the staisdards by which such portion of the Worlc will be judged. CI'PY OF FORT WORTH STANDARD C[TY CONDITIONS —DEVT'LOPE2 AWARDED PRO.lECTS Revised: 7anuary lQ 2013 00 73 10- 4 Standard City Conditions Of The Construction Contrect For Developer Awarded Projects Page 4 of 35 30. Sc7zedule of Sub»aittals A schedatle, prepared a�ad maintai�aecl by Co�atractor, of regtiiired submittals and the ti�ne requirenae�Zts to suppo��t schedidecl pe�fonnance of related construction actrvities. 31. Site—Lands or• areas indicaied zn the Contract Documents as being �urnished by City or Developer i�pon which the Worh is to be performed, i�zcluding r•ights-of-way, permiis, mzd ease�ne�ats far access t12e�°eto, mid suc72 otker lands furizished by City or Developer which a�^e designated for the a�se of Co��tractor. 32. Speciftcations—That part of t12e Contract Docun2ents co�isisting of written reqtiiireme�ats for �nate�^ials, eqztipmerat, systeins, sta�idards and workma�zship as a�plied to the Wo��Ic, aiad certai�a adminish^alive reg�c�ir•e»2e�2ts and procedural matters applicable the�•eto. Speciftcations may be spec�cully made a pa��t of the Co�2b�act Docume�zts by attachnzent ar, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Sta�zdard City Conditlons — That par2 of the Contract Doca�ments setti�ig forth reqa�ireme�ats of the City. 34. Subco�itYactor An individZtal o�� e�atity having a direct contraet with Co�itractor or• with any ot7ier Subcont��actor fo�� the perfonnance of a part of the Worlc at the Site. 35. Submittals flll drawings, diagrams, illarstr•atio�ts, schedules, and othw^ data or information which m^e spec�cally prepared or assembled by or for Contractar a�2d subrnitted by Contractor to illustrate some portion of the Work. 36. Superinte�zdent — T12e repr•esentutive of the Co�itractor who is available at all times and able to recetve instructioias from the City and/or Developer and ta act for the Contractor. 37. Satppleme�atary Co�aditions—That part of the Contract Docttmerats rov7aich a�nends or supple�nents the Ge�aeral Conditions. 38. Supplier A manufacti���er, fabricator, supplier, distributor, materiab�aan, or vendor having a direct contract with Contractor or with any Subcontractor to furnish rnaterials or equipnaent to be incorporated in the Work by Contractor or Subcontructor. 39. Underground Facilities--All underground pipelines, conc�uits, ducts, cables, wires, nianholes, vaailts, tanks, tunnels, or other such facilities or attachments, and any encusenients containing such facilities, i�zcluding but rzot limited to, those that convey electricity, gases, stemn, liqttid petroleum prodzects, telephone or otl2er� coranzunications, cable televisioia, water, wastewater, sto�m water, other liquids oY che�nicals, or traffic or other co�atrol systems. 40. Weelcend Worlcing Hours — Hours beginning at 9: 00 a. m. and ending at S: 00 p. »2., Satu��duy, Sa�nday or legal holiday, as app�roved in advance by the City. CITY OF FORT WORTH STANDARD C[TY CONDITIONS — DF.VELOPE2 AWARDBD PROJECTS Revised: January 10, 2013 00 73 10- 5 Standard Ciry Condilions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work-77ze entir•e co��striictio�a or the various separ•ately ide�2tifiafile pa�°ts thereof reguired to be provided unc�er• the Co�ztract Docaiments. Worlc includes and is the resatlt ofperfo�^�ni�ag or p�rovirling all labor, services, a�zd docaementation necessa�y to produce such const�z�ctio�a i�tclztding any Pm�ticipatirag C7zange Order, No�a-ParticipatiiT�g Change Orc�er, or Field O��der; and furnisl2ing, installing, mad iiieoiporati�2g all mc�te��ials anc� ec�aiipment i�ito sttch const�-uction, all as required by the Co�2traci Docziments. 42. Worki�ag Day — A rovor•lcing duy is defined as a day, not iiZclttding Satair•days, Sacndays, or legal holidays azethoi�ized by the City for� conU�act paarposes, in tivhich weathe�� or otlaer conditio��s not under the contr�ol of the Co�atractor will permit ihe pe�formaT2ce of the p�°incipal unit of work acnderway for a co��tina�oirs period of �aot less than 7 hours between 7 a.m. and 6�.m. 1.02 Ter�ninology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to tlie Conri•act Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide.• 1. The word "Fmnish" or the word "InstalP' or the word "Perfornz" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean fiunishing and incorporating in the Work including all necessary labor, materials, equipment, and eveiything 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 indushy or trade meaning are used in the Conh�act Documents in accordance with sueh recognized meaning. C1TY OF FORT WORTH STANDARD CITY COND77'IONS—DEVELOPER AWARDF.D PROSF,CTS Revised: January I Q 2013 00 73 10- 6 Standard Cily Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Co�zstr�a�ction Baselirae Schedi�les: Submit to City in accordance with the Contract Documents, and prior to starting the Work, New schedules will be submitfed to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstr•a�ction Corifer�e�ace Befot-e any Work at the Site is started, the Conh�actor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Pziblic Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3— CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any tecluiical 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 instiuction shall be effective to assign to City, ot� any of its officers, directors, members, partners, employees, agents, consultants, or subconh�actors, any duty or authority to supeivise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Ameiading and Supple�nenting Co�2tract Doca�n2ents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the teims and conditions thereof by a Patticipating Change Order or a Non-Participating Change Order. B. The requirements of the Conh•act Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Conh•act Pt•ice or Conh�act Time, may be authorized, by one or more of the following ways: 1. A Field Order; C[TY OP �ORT WORTH S7'ANDARD CITY COIVDITIONS —DEVELOPER AWARDED PROJF.CTS Revised: San�ary I Q 2013 00 73 10- 7 Slandard City Conditions Of The Construction Conhact For Developer Awarded Projects Page 7 of 35 1. Ciry's or Engineer's review of a Submittal (subject to the provisions of Paragraph 516.C); or 2. City's written interpretation or clarification. ARTICLE 4— BONDS AND INSURANCE 4.01 Licensed Sureties micl Insarrers 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 5tate 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 Pet�'ormance, Payment, a�zd Mai�ztena�¢ce Bonds A. Contractor shall furnish perfotTnance and payment bonds in the name of Developer and Ciry, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security far 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 sl�all remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the foi�rn 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. Deparrinent of the Treasuiy. 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 decla��ed 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 requn•ements of Paragraphs 4.01 and 4.02.C. 4.03 Cerlificates oflnsur�a�ice Conh�actor shall deliver to Developer and City, with copies to each additional insured and loss payee identiiied in these Standard City Conditions certificates of insurance (and other evidence of insm�ance requested by City or any other additional insured) which Contractor is z�equu�ed to purchase and maintain. CITY O� PORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO.iECTS Revised: Sanuary I0, 2013 0073IO-8 Slandard City Conditions Ot The Constmction Conhact For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the Ciry, an as "Additional Insured" on all liability policies. 2. The ConCractor's general liabiliry insurance shall include a, "per projecY' or "per location", endorsement, which shall be identified in the certificate of insurance provided to the Ciry. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and sliow complete insurance cairier 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 cun�ent A. M. Best Key Rating Guide or have reasonably equivalent financial sh•ength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addirion, the ConCractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Condirions. 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 fi•om evidence that is provided shall not be constiued 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 Liabiliry insurance for any differences is required. Excess Liability shall follow foi7n of the primaiy covera�e. 7. Unless otheilvise stated, all required insurance shall be written on the "occuirence 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 insivance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Conhact Documents or for the wan�anty period, whichever is longet�. An annual certificate of instuance 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 Ciry. In the event a Conh•act has been bid or executed and the exclusions are deteirnined to be unacceptable or the City desu�es additional insLuance coverage, and the City desires the conh�actor/engineer to obtain such coverage, the conh�act price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stocldiolders' equity. In c�rY or roRT woxrH STANDARD CITY COMJITIONS — DEVELOPE2 AWARDED PROJECTS Revised: January IQ 2013 00 73 10- 9 Standard City Conditions Of The Conslruciion Contrect For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be appt�oved by Ciry. 10. Any deductible in excess of $5,000.00, for any policy tbat does not provide coverage on a first-dollar basis, must be acceptable to and approved by the Ciry. I 1. 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 necessaiy and prudent by the City based upon cl�anges in statuCoiy law, court decision or the claims history of the indusri-y 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 t�eceive copies of policies and endot�sements 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 Conh�act. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwritet� on any such policies. 13. City shall not be responsible for the direct payment of insm•ance premium costs for Contractor's insurance. 4.04 Corit�•actor's Insurance A. Workers Conzpensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Conh�act Documents, whether it is to be perfoimed by Cont�•actor, any Subconh�actor or Supplier, or by anyone directly or indirectly employed by any of them to perfoim 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 injmy, occupational sickness ar disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CiTY CONDI'CIONS —DEVELOPER A WARDED PR07ECTS Revised: January 10, 2013 00 73 10- 10 Standard Ciry Conditions Of The Conslruction Conhact For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shali include but not be limited to cove�7ng liability (bodily injury or property damage) arising from: premisesloperations, independent contractors, products/completed operations, personal injury, and liability undet� an insured conh•act. Insurance shall be provided on an occun•ence 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 m� self-insurance programs afforded to the City. The Commercial Generai Liabiliry policy, shall have no exclusions by endorsements Hiat 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 wriCing. 1. For consttuction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the compleCion of the project 2. Contractor's Liabiliry Insurance under this Section which shall be on a per project basis coveiing the Contractor with minimum limits of: a. $1,000,000 eachoccurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Veiification of such coverage must be shown in the Remarks Article of the Certificate of Insm•ance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injuiy or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perfoinl any of the Work, or by anyone for whose acts any of them may be liable. Automobile Liability, Conh�actor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a coimnercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. CITY OF FORT WORTH STANDARD CITY COND7TIONS—DEVELOPE2 AWARDED PRO7ECTS Revised: Sanuary 10, 2013 00 73 l0- I I Standard City Conditions Of The Conshuction ConVact For Developer Awarded Projects Yage I I of35 1) $I,OOQ000 each accident on a combined single limit basis. Sp1iC limits are acceptable if limiYs are at least: 2) $250,000 3) $500,000 4) $ ] 00,000 Bodity Injuiy per person Bodily Injuiy per accident / Property Damage D. Raib°oad Protective Liability. If any of Yhe work or any warranty worl< is wiChin the limits of railroad right-of way, Che Conh�actor shall comply with Che following requn�ements: The ConCractor's conshuction activities will require its employees, agents, subconCractors, equipment, and material deliveries to ciross railroad properCies and h�acks owned and operated by: NON E W�itc thc namc ofthc raih�oad company. (If nonc, thcn writc nonc) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstiuct the raih-oad company in any manner whatsoever in the use or operation of its/theu� h�ains or other property. Such operations on railroad prope�ties may require that Contractor to execute a"Right of Entiy Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each raih�oad company and be prepared to execute the right-of-entiy (if any) required by a raih•oad company. The requirements specified herein likewise relate to the Conri�actor's use of pi7vate and/or conshuction access roads crossing said railroad company's properties. 3. The Conhactual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactoiy to the City and to the Railroad Company for a term that continues for so long as the Conh•actoi's operations and work cross, occupy, or touch railroad property: a. GeneralAggregate: NONE Enfer limits provided by Raih�oad Company (Ifmne, w��te none) b. EachOccun�ence:: NONE Entcr limin providcd by Railroad Coinpany (If nonq wiitc nonc) 4. With respect to the above outlined insiu�ance requirements, the following shall govein: a. Where a single raikoad company is involved, the Conh�actor shall provide one insurance policy in the name of the raikoad company. However, if more than one grade separation or at-gade eirossing 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 raih•oad company is operating on thc same right-of-way or where several railroad companies are involved and operated on their own separate rights-of= ciTY or� ro�rr woaTH STANDARD CITY CONDI'PIONS—DEVELOPERAWARDF.D PROJECTS Rcvised: lanuary IQ 2013 00 73 l0- l2 Standard City Conditions Of The Construciion Contract For Developer Awarded Projects Page 12 of 35 way, Che Contractor may be required to provide separate insw�ance policies in the name of each raih•oad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activiry is proposed on a raih•oad 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 raih�oad company's right-of-way, all such other work may be wvered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Conh•actor'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 Che Project. E. Not�cation of Policy Cancellation.• Conh�actor shall immediately notify City upon cancellation or other loss of insurance coverage. Conri•actor shall stop work until replacement insurance has been procm•ed. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insura�zce; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Conh•actor in wiiting within 10 Business Days after receipt of the cei�tificates (or other evidence requested). Contractor shall provide to the City such additional infoimation in respect of insurance provided as the Developer or City may reasonably request. If Conh•actor does not pm•chase or maintain all of the bonds and insurance required by the Conh•act Documents, the Developer or City shall notify the Conhactor in wiiting 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 Stiapervision a�id Superintendent A. Conh�actor shall supeivise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessaiy to perform the CITY OP PORT W02TH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PR07ECTS Revised: January I0, 2013 00 73 10- 13 Slandard Cily Conditions Of The Construction Contract For Developer Awarded Projects Page l3 of35 Work in accordance with the ConU�acf Documents. Conh•actor shall be solely respousible for the means, methods, techniques, sequences, and procedures of conshuction. B. At all times dut-ing the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Supetintendent will be Contractor's representative at the Site and shall have auYhoiity to act on behalf of Conh•actor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Conh•actor shall notify the City 24 hom�s pi7or to moving areas during the sequence of const�uction. 5.02 Labor; Working Hours A. Conh�actor shall provide competent, suitably quali$ed personnel to perform conshuction as required by the Contract DocumenYs. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otheiwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereCo, and except as otheitivise stated in the ContracC Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not peiYnit tlie pei%rmance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be um•easonably wiYhheld). VJritten request (by letter or electronic communication) to perform Worlc 1. for beyond Regular Working How�s request must be made by noon at least two (2) Business Days prior 2, for Weekend Working Homs request musC be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Mate��ials, and Equip�nent A. Unless otherwise specified in the Conri�act Documents, Cont��actor shall provide and assume full responsibility far all seivices, materials, equipment, labor, transportation, conshuction equipment and machineiy, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessasy for the perfoirnance, Conh�actar 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 iun to the benefit of City, If required by City, Conh�actor shall fiu•nish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT W02TH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROSECTS Revised:Sanuary 10,2013 00 73 l0- i4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incoiporated into the Work sball be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with insttuctions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Prroject Scl2eclule 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. Conh�actor 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 flie Project Schedule that will change the ConU�act Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Conh•act Time for projects with Ciry participation shall be made by participating change orders. 5.05 Substitutes a�2d "Or•-Ega�als" A. Whenever an item of material or equipment is specified or described in the ContracY Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of othef� Suppliers may be submitCed to City for review under the circumstances described below. "Or-Equal " Items: ff in Ciry's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an"or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the puiposes of this Paragraph S.OS.A1, a proposed item of material or equipment will be considered functionally equal to an item so named i£ a. City deteimines that: 1) it is at least equal in materials of constiuction, quality, dm•ability, appearance, st��ength, and design characteristics; 2) it will reliably perfoizn at least equally well the funetion 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 perfoimance and availability of responsive service; and b. Cont�•actor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CCCY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROSECTS Revised: 7anuary 10, 2013 00 73 l0- I S Standard City Conditions Of The Construclion Contrect For Developer Awarded Prqects Vage I S of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Sxabstitute Items: a. If in City's sole discretion an item of material ar� equipment proposed by Contractor does not qualify as an"or-equal" item under Paragraph S.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient informarion as provided below to allow Ciry to deteimine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. a Contractor shall make written application to City foi� review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section O 1 25 00 and: 1) shall certify that the proposed substitute item will: i. pei�form adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Docmnents (ar in the provisions of any other direct conh�act 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 Woiic is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item fi�om that specified; ii. available engineering, sales, maintenance, repan•, and replacemeut seivices; and CITY OP FOIiT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDBD PROJECTS Revised: Sanuary 10, 2013 00 73 ] 0- I G Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 3S 4) shall contain an itemized estimate of al1 costs or credits that will result directly or indirectly from use of such subsCitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may fuinish or utilize a substitute means, method, technique, sequence, or procedure of consh•uction appt-oved by City. Conh�actor shall submit sufficient information to allow City, in Cily's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Conh•act Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph S.OS.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs S.OS.A and S.OS.B. City may require Conri•actor to furnish additional data about the proposed substitute. Ciry 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 iYs deteimination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, watranty, or other surety with respect to any substitute. Co�itrnctor shall i�adem�z� and hold harmless City and anyone directly or indirectly emyloyed by them from and against may and all claims, damages, losses m2d expe�zres (inclttdi�2g attorneys fees) arising out of the atse of substiCuted naaterials or eqa�ipment. E. City's Cost Rein2burse�nent: City will recard City's costs in evaluating a substitute proposed or submitted by Contractar pursuant to Paragraphs S.OS.A.2 and S.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Cont��actor may be required to reimbmse City for evaluating each such proposed substitute. Conh•actor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contracto��'s Expense: Conn•actar shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. G. Substitaite Reimburseme�2t: Costs (savings or charges) ath•ibutable to acceptance of a subsritute shall be incoiporated to the Conh�act by Participating Change Order. 5.06 Pre-Qualification ofBidders (Prime Contractons and Sazbcontractors) A. The Contractar and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Co�2cerni�ig SubcoT2ri�actors, St�ppliers, and Others A. Minority aJad Wome�2 Owned Busi�ze.rs E�aterp��ise Coniplia�ace.• C[TY OF PORT WORTH STANDARD CITY CONDTTiONS—DEVP,LOPER AWARDED PRO.iECTS Revised: Janua�y 10, 2013 00 73 l0- 17 Standard City Conditions Of The Conslruction Contract For Developer Awarded Projects Page 17 af 35 � Required for this Contract. (Chcek this box if thcrc is anq Ciry Participution) ❑ Not Rcquired for this Contract. It is City poliey to ensure the full and equitable participation by Minority and Wmnen Business �nterprises (MWBE) in the procm�ement of goods and services on a conh•actual basis. If the Contract Documents provide for a MWT3L; goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate infoimation 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 Conh�act and may result in debaiment in accordance with the procedures outlined in the Ordinance. 3. Conh�actor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Conh�actor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nahu•e will be grounds for Yermination of the Contract. Any such misrepresentation may be groimds for disqualification of Contractor to bid on future contr•acts 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 Subconh�actors, Suppliers, and other individuals or entities perfoiming or fiunishing any of the Work just as Cont��actor is responsible for Conh�actoi's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otheitivise be requu•ed by Laws and Regulations. C. Contractor shall be solely responsible for seheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the VJork under a direct or indirect conh�act with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or fiunishing any of the Work shall communicate with City through Conh�actor. E. All Work performed for Contractor by a Subconh�aetor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subconh�actor or Supplier which specifically binds the Subconh�actor or Supplier to the applicable terms and conditions of these Cont��act CITY OF FOR'I' WORTH STANDARD CITY CONDI'PIONS—DEVELOPF.R AWARDED PRO.iECTS RcviscA: January IQ 2013 00 73 IO- I8 Slandard City Conditions Of The Conslmciion Contrect For Developer Awarded Projects Page l8 af 35 Documents, Conh•actor shall provide City contract numbers and reference numbers to the Subcont��actors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. � Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Conri•act Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the Ciry $60 for each worker employed far each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the Ciry to offset its administrative costs, pm•suant to Texas Govemment Code 2258.023. C. Complaints of Violations and City Determinatio�a 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 31sC day after the date the Ciry receives the infoimation, as to whether good cause exists to believe that the violation occurt-ed. The Ciry shall notify in writing the Contractor or Subcontractor and any affected worker of iCs initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amomits claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final deteimination of the violation. D. �lrbitration Reguired if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Goveinment Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbih�ation 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 arbih•ator before the llth day after the date that arbihation is required, a dish-ict cotu�t shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. 'I'he decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jiu�isdiction. E. Records to be Maintained. The Conh•actor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY O� FORT WORTH STANDARD C1TY CONDTT[ONS - DEVELOPER AWARDED PROIECTS Revised: Ja�uary 10, 2013 00 73 ]0- 19 Slandard City Conditions Of The Conslruction Conhact For �eveloper Awarded ProJects Page 19 of 35 occupation of each warker employed by the Conri•actor in the consttuction of the Work provided for in this Cont�•act; 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 pro��ess payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating tha2 the Conh•actor 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. Subcontr•uctor Compliance. The Contractor shall include in its subcontracts and/or shall otheiwise t�equire all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fttllest extent permitted by Laws a�2d Regc�lations, Contracto�� shall i�2den2nify a�2d hold harmless City, from and agai»st all claims, costs, losses, and dmnages (i�2clti�ding but not limited to all fees and charges of enginee�s, architects, attoriaeys, and other professionals and all cottrt or arbitration or other clispi�te resoltition costs) arising out of or relating to any infringenze�zt of pate�at rights or copyrights incident to the use in the performa�zce of tlze Work or ��esultiJzg from the i�icorporation in the YVork of a�iy invention, design, process, product, or clevice not specified in the Co�itract Docttments. 510 Laws a»d Rega�lations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Worlc 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 perfoi�tns any Work lmowing or having reason to know that it is contraiy to Laws or Regulations, Conh�actor 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) aiising out of ar relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use ofSite and OtherA��eas.• Contractor shall confine const�uction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas peimitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY O� FORT WORTH S'PANDARD CITY CONDIT[ONS - DEVELOPE2 AWARDED PROSECTS Revised: January 10, 2013 00 73 IO- 20 Standard City Conditions Of The Conslruction Contrect For Developer Awarded Projecls Page 20 of 35 other materials or equipment. Cont��actor shall assume full responsibiliry for any damage to any such land or area, ot� to the owner or occupant thereof, or of any adjacent land or areas resulting from the perfoimance of tl�e Work. 2. At any time when, in the judgment of the City, the Conh•actor has obstructed or closed or is carrying on operations in a portion of a sh•eet, right-of-way, or easement greater than is necessary for proper execution of the Worlc, Che City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the perfoimance of the VJork, Contractor shall pron�ptly attempt to resolve the Damage Claim. 4. Pursaiant to Paragraph 5.18, Co�itractor skall i�zde�ni2ify and hold harmless City, fi�om ancl agai�ast all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or eqziitable, broa�ght by any such orvner or occa�pant against City. B. Removal of Debris Daering Perfornzance of the Work: Dm�ing the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris sliall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning.• 24 hours after written notice is given to the Conh�actor tl�at 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 unsatisfactoiy procedure, the City may take such direct action as the City deems appropriate to con�ect the clean-up deficiencies cited to the Conh•actor in the wiitten notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The Ciry may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Fi�ial Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machineiy, and suiplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loacling Structures: Contractor shall not load nor peimit any part of any strucriue to be loaded in any manner that will endanger the st�ucture, nor shall Contractor subject any part of the Work or adjacent property to sh�esses or pressures that will endanger it. 5.12 Reco��d 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 wiitten interpretations and clarifications in good order and annotated to show changes made during conshuction. These recoid documents together with all approved C[TY OF A'ORT WORTH S'CANDARD C[TY CONDITIONS —DEVELOPE2 AWARDED PR07ECTS Revised: January IQ 2013 00 73 10- 2l Standard City Conditions Of The Consiruction Contract For Developer Awarded Projects Page 2l of 35 Samples and a countetpaz�C 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 pziot� to Fina1 Inspection. ConCractor shall include accurate locations for buried a�zd imbedded items. 5.13 Safety ancl P�°otection A. Contractor shall be solely responsible for initiatin�, 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 war•k, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessaiy precautions for the safery of, and shall provide the necessary protecCion to prevent damage, injtuy 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 incorparated therein, whether in storage on or off the Site; and 3. other properry at the Site or adjacent thereto, including trees, sluubs, lawns, walks, pauements, roadways, stiuctures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of conshuction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safery of persons or properry, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Conri•actor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their properry. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Cont��actor shall inform City of the specific requirements of Conh•actor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injwy, or loss to any property referred to in Paragraph 513.A.2 or 5.13.A3 caused, directly or indirectly, in whole or in pait, by Contractor, any Subconh�actor, 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. Conh�actor's duties and responsibilities for safery and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Conh�actor's designated safety representative at the Site. C[TY OF F02T W ORTH STANDARD CITY COND7TIONS — DEVELOPER A WARDED PR07ECTS Revised:January 10,2013 00 73 10- 22 Standard Cily Conditions Of The Construclion Contract For Developer Awarded Projects Page 22 of 35 515 Haza��d Com�n�ttizicatio�a Progra�ns Contractor shall be responsible for coordinating any excl�ange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Sztbmittals A. Conri�acCor shall submit required Submittals to City for review and acceptance. Each submitCal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the SubmitCals will be complete with respect to quantities, dimensions, specified perfarmance and design criteria, materials, and similar data to sl�ow Ciry the seivices, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited putposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for confonnance 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 putpose of showing the installation in greater detail, their review shall not excuse Conri•actor 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 Conhact Documents or the Schedule of Submittals, any related Work pei�formed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Subinittals 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 Conh�act Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Conhact Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPE2 AWARDED PROJEC'CS Revised: January IQ 2013 00 73 l0- 23 Slandard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, teclmiques, sequences, or procedures of conshuction (except where a particular means, method, teclmique, sequence, or procedure of construction is specificalty and expressly called for by the Contract Documents) or to safery precautions or programs incident thereto. The review and acceptance of a separaYe item as such will not indicate approval of the assembly in which Yhe item functions. 3. City's review and acceptance shall not relieve Conh�actor from responsibility for any variation fi�om the requirements of the Conri•act Documents unless Conri•actor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Conri•act Documents. 517 Contractor's Ger2eral War�ranty and Gttarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled Co rely on representation of Contractor's wairanry and guarantee. B. Contractoi's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modificaCion, or improper maintenance or operarion by persons other than Conhactor, Subconri•actors, Suppliers, or any other individual or entity for whom Conri•actor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perfoim and complete the Work in accordauce with the Conh�act 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 Conh•actor's obligation to pet�form the Work in accordance with the Conh�act Documents: 1. observations by City; 2, recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Subinittal by City; 6. any inspection, test, or approval by others; or C[TY OF F'ORT WORTH STANDARD CITY COND7TIONS — DEVELOPER AWARUED PR07ECTS Revised: January IQ 2013 00 73 l0- 24 Siandard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any coirection of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay far any damage to other work or property resulting therefrom which shall appear within a period of two (2) years fi•om the date of Pinal Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maineenance 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 Ciry, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and seivices to be performed by the Conri�actor, its officers, agents, employees, subcontractors, licenses or invitees under this Cond�act. 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 50UGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Conh•actor covenants and agrees to indemnify and hold harmless, at its own expense, the Ciry, its officers, seivants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and seivices to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Conri•act. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROV�N THAT ALL OR 50ME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT ONIISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Conh�actor will not be requu�ed to provide professional design seivices unless such services are specifically requued by the Conh•act Documents for a portion of the Work or unless such services are required to cany out Conh•actor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design seivices or certifications by a design professional related to systems, materials or equipment are specifically required of Contr�actor by the Contract Documents, City will specify all perfoimance and design criteria that such services must satisfy. Cont��actor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OP FORT WOR7'H S'CANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Reviaed: Sam�ary 10, 20t3 00 73 l0- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Prqects Page 25 of 35 C. City sl�all be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or appt�ovals performed by such design professionals, provided City has specified to Conh•actor performance and design criteria that such sexvices must sarisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for confoimance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the puipose stated in Paragraph 5.16.C. 5.20 Right ta Atulit: 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 tku•ee (3) years after final payment under this Contract, have access to and the right to examine and photocopy any dir�ectly pertinent books, documents, papers, and records of the Conri�actor involving transactions relating to this Contract. Contractor agrees tl�at the City shall have access during Regular Working Hours to all necessary Conh�actor 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. Contt•actor further agrees to include in all its subcontracts hereunder a provision to the effect that the subconh-actot- agrees that the City shall, until the e�piraCion of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subconh�act, and further, that City shall have access during Regular Working Hours to all Subconri•actor 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. Conh•actor and Subconh•actor agree to photocopy such documents as may be requested by the City. The City agrees to reimbw•se Contractor far 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. CPCY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROSBCTS Revised: Sanuary 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2fi of 35 ARTICLE 6— OTHER WORK AT THE SITE 6.01 Related Worlc at Site A. City may perform other work related to the Project at the Site with Ciry's employees, or other City contractors, or through other direct conri•acts therefor, or have other work performed by utility owners. If such other work is not noted in the Conh�act Documents, then written notice thereofwill be given to Conri•actor prior to starting any such other worlc, and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utiliry owner, and Ciry, if City is performing other work with City's employees or othez- City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and stot�age of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Conri•actor's Work, Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except fm• latent defects in the work provided by others. ARTICLE 7 — CITY'S RE5PONSIBILITIES 7.01 Inspecrions, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitafions on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedw�es of conshuction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the perfoimance 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 Pu�agraph 513 CITY OP FORT W02TH STANDARD CITY CONDITIONS—DEVEi.OPER AWARDED PROSECTS Revised: Sanuary 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Complia�ace witk Safety Prograin While at the Site, City's employees and t-epresentatives shall comply wifli the specific applicable requirements of Contractor's safety programs of which Ciry has been informed pursuant to Paragraph 5.13. ARTICLE 8— CTTY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Repr•esentative Ciry will provide one or more Froject Representative(s) during the consYruction period. The duCies and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will malce visits to the SiCe at inCervals appropriate Yo the various stages of construction as City deems necessary in order to obseroe 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 Yhe Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on tlie Site to check U�e qualiry or quantity of the Work. City's Project Representative's efforts will be directed toward providing Ciry a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and obseivations are subject to all the limitations on authority and responsibility in the Conh-act Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work fi•om the requirements of the Contract Documents which do not involve an adjustment in the Conh•act 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 Wark involved promptly. 8.03 Rejecting Defective Worlc 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 integriry of the design concept of the completed Project as a functioning whole as indicated by the Conh�act Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the VJork is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD C17'Y CONDITIONS — DPVELOPER AWARDED PRO7ECTS Revised: January (Q 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Detenni�iations for Work Perfoimed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative wi11 review wifli ContracCar the preliminary determinations on such matCers before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9— CHANGES IN THE WORK 9.01 Authorized Changes in the Worlc A. Without invaiidating 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 Exh•a Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Conri•act Documents (except as otheiwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may ar may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Sa�rety 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 Contractoi's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Ti»ze A. The Cont��act Time may only be changed by a Participating Change Order far projects with City participation. 10.03 Delays A. If Conh�actor is delayed, City shall not be liable to Conh•actor 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 cotu�t or arbiri�ation or othet� dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C[TY OF FORT WOR'PH STANDARD CITY CONDIT[ONS —DEVELOPL.R AWARDEll YROSECTS Revised: Sanuary 10, 2013 00 73 10- 29 Standard City Conditions Of The Construclion Contract For Developer Awarded Projecls Page 29 of 35 ARTICLE 11— T�STS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent Eesting laboratories, and goveinmental 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 condiYions for such access and advise them of Contractoi's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests a�2d Inspectiorzs A. Contractor shall give Ciry timely notice of readiness of the Work for all required inspections, tesYs, 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 arrangin� and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and fuinish 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 Supplementaiy Conditions. C. Contractor shall be responsible for airanging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for Ciry's acceptance of materials or equipment to be incorporated in the Work; or acceptance of mateiials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by Ciry. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a"fail", "did not pass" or other similar negative result, the Conh�actor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative resulY and require a retest. CITY OF PORT WORTH STANDARD CITY COND7TIONS--DEVELOPER AWARDED PROJECTS Revised: Sanuary 10, 2013 00 73 10- 30 Standard City Conditions Of The Conslruction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retesC under this Section 11.03 D shall be paid cGrectly to the Testing Lab by Contractor. City will fonvard all invoices for retests to Developer/Conh•acYor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Woriz A. If any Wark is covered contr•ary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's e�pense. ll.05 City May Stop the Work If the Work is defecrive, or Contt�actor fails to supply sufficient skilled workers or suiYable materials or equipmeut, or fails to perform the Work in such a way that the completed Work will conform to the Contract Docwnents, Ciry may order ConhacEor to stop tl�e Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subconh•actor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Co�rectiorz 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 fr�om the Project and replace it with Work that is not defective. Conhactor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and chatges of engineers, architects, attorneys, and other professionals and all court or arbih�ation 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 Wark shall not constitute acceptance of such Work. B. When con•ecting defective Work under the terms of this Paragraph ll.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 Correctio�s Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee requu�ed by the Conh•act ciTY or roar woRrK STANDARD CITY CONDIT[ONS —UEVELOPER AWARDED PROJFC'CS 2evised:7anuary 10,2013 00 73 10- 31 Standard City Conditions Of The Consiruction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if tlie repair of any damages to the land or areas made available far Conh•actor's use by City or permitted by Laws and Regulations as contemplated in Paragraph S.lO.A is found to be defective, Contractor sl�all promptly, without cost to City and in accordance with City's written instructions: 1. t�epait• such defective land or areas; or 2. correct such defective Work; or 3. if the defective Wark has been rejected by City, remove it from the Project and replace it with Wark that is not defective, and 4. satisfactorily correct or repair or remove and t�eplace any damage to other Work, to Che wark of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the teims of Ciry's writYen insducrions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work con•ected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such con�ection 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 t�eplaced under this Paragraph I 1.07, 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 con�ection period. City shall provide 30 days written notice to Conh�actor and Developer should such additional warranty coverage be required. Cont��actor'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 const�ued as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May CorrectDefective War1i A. If Cont��actor fails within a reasonable time after written notice from City to con�ect defective Work, or to remove and replace rejected Wark as required by City in accordance with Paragraph ll.06.A, or if Contractor fails to perfonn the Work in accordance with the Conh�act Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days wiitten notice to Conh-actor and the Developer, con�ect, or remedy any such deficiency. B. In exercismg the rights and remedies under tbis Paragraph 11.09, City shall proceed expeditiously. In connection with such con�ective or remedial action, City may exclude Conh�actor fi�om all or part of the Site, take possession of all or part of the Work and suspend Conh•actor'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 Conh•actor but which are C1TY OF FORT WORTH STANDARD C7'PY CONDITIONS — DEVELOPE2 AWARDHO PROJEC'PS Revised: Sanuary l0, 2013 0073 (0-32 Standard City Conditions Of The Consiruction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow Cily, 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, atCorneys, and other professionals and all court or other dispute resolution costs) incwred 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 Con1s•act Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Conh•act Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the perFonnance of the Wark athYbutable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's War•Ya�aty of Title Contractor warrants and guarantees thaC title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the Yime of Final Acceptance and shall be fr�ee and clear of all Liens. 12.02 Partial Utilizatio�a A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended putpose without significant interference witt� Conri•actor'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.A1, City and Cont�•actor 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 Conhactor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Finallnspection A. Upon written notice from Cont��actor that the entire Work is complete in accordance with the Conh�act Documents: C[TY OP PORT WOR1'H STANDARD CITY CONDITIONS —DEVELOPER AWARDED PR07ECTS Revised:Sanuary 10,2013 00 73 10- 33 Standard City Conditions Of The Conslruction Contrect For �eveloper Awarded Projects Page 33 of35 1. within 10 days, City will schedule a Final Inspection wiYt� Contractor. 2. City will notify Conh•actor in writing of all parCiculars in which this inspection reveals thaC the Work is incomplete or defective. Contractor shall immediately fake such measw•es as are necessaty to complete such Work or remedy such deficiencies. 12.04 FinalAcceptance A. Upon complerion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City wiil issue to ConCt�actot� a letter of Final Acceptance upon the satisfaction of the following: All documentation called for in the Contract Documents, including but not lin�ited to the evidence ofinsurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affida�its of payments and complete and legally effective releases or waiveis (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. after all Damage Claims have been resolved: a, directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance providet� for resolution. Issuing Final Acceptance by the City shall not relieve the Contractor of any guat-antees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspeiad Work A. At any time and without cause, City may suspend the Work ar any portion thereof by written notice to Conh�actor and which may fix the date on which Work will be resumed. Conh�actor shall resume the Wark on the date so fixed. Dw�ing temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the cont�•ol of and without the fault or negligence of the Contractor, and should it be deteimined by mutual consent of the Conhactor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDI'C[ONS —DEVELOPER AWARDED Pi20JECTS Revised: Sanuary 10, 2013 00 73 10- 34 Standard City Conditions O( The Constraction Contract For Developer Awarded Projects . Page 34 of 35 auailable within a reasonable period of time, Contractor may request an extension in Conri•act Time, directly attributable to any such suspension. C. If it should become necessaiy to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take eveiy precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporaiy structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Givirzg Notice A. Whenever any provision of the Conh•act 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 Che fiim or to an officer of the cotporarion 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 parry. C. Whenever the Contract Docuinents speciPies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Compattation af Times When any period of time is refetred to in the Conh•act 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 pet-iod 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 Caina�ularive Rentiedies 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 Conh•act Dociunents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTl�I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROSECTS Revised: Sanuary (0, 2013 0073 ]0-35 Siandard City Conditions Ot The Consiruction Contract For Developer Awarded Projects Page 35 of 35 14.04 SurvivalofObligations All represenYations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Docuinents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or terminarion or completion of the Contract or termination of the se�vices of Contractor. 14.05 Headings Az-ticle and para�raph headings are inserted for convenience only and do noC constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDI'1`[ONS —DEVELOPER AWARDED PROSECl'S Revised: Jarmary IQ 2013 o�uoo-i DAP SUMMARY OF W02K Page I of 3 2 3 PARTI- GENERAL 5ECTION Ol 11 00 SUMMARY OF WORK 4 l.l 5UMMARY 5 A. Section Includes: 6 I. Summary of Work to be perfoi�ned in accordance with the Confract Documents 7 B. Deviations from this City of Foit Worth Standard Specification 8 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 Conhact I 1 2. Division I- General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work assoeiated with tliis Item is considered subsidiary to the various items bid. IS No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATNE REQUIREMENT5 18 A. Work Covered by Contract Documents 19 1. Work is to include fumishing all labor, materials, and equipment, and performing 20 all Wark necessary for this conshuction 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 documentary requirements for the project, such as conditions imposed by the Drawings or Contraet 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 tl�e standu�d bid item list, then the item sha(1 be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of tlie 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 sh•eets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in tl�e Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction pmposes may be stored in such space, but no more than is necessaiy to avoid delay in the constiuction operations. CITY OF FORT WORTH Logan Sgum�e, Plmse / STANDAI2D CONSTRUCTION SPECIFICATION DOCUMrNTS — Developer Awarded Projects Ciq� A�ojec! No. l02077 Revised December 2Q 2012 0t I100-2 DAP SUMMARY OF WORIC Page 2 of 3 i b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the nse of spaces that may be designaYed to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent properry. 4 a If the sh�eet is occupied by railroad h•acks, tlie Work shall be canied on in such 5 manner as not to interfere with tlie operation of the raih oad. 6 1) All Work shall be in aceordance with raih�oad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Worlc within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such properry. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secw�ed in wiiting by the 13 Contractor and a copy furnished to the Ciry. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obst�uctions which must be removed to make possible proper prosecution of the 16 Work as a part of the projecC conshuction operations. l7 4. Preserve and use eveiy precaution to prevent damage to, all mees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of sttuctures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which migl�t be affected by the Work. a. Such notice sha(1 be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to propet-ty of any character resulting fi•om any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during constiuction of the Project to the originaL or a better than original condirion. b. Erect temporary fencing in place of the fencing removed whenever t(ie Work is not in progress and wl�en the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporaiy closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTEI Logan Sg�mre, Plmse 1 STANDA2D CONSTRUCT[ON SPECIFICATION DOCUMENTS — Developer Awarded Projects Cip� A�oject No. 102077 12evised December 20, 20t2 011100-3 DAP SUMMARY OP WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT US�D] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMTTTALS [NOT USED] 5 1.9 QUALITY AS5URANCE [NOT USED] 6 110 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 111 FIELD [SITE] CONDI'PION5 [NOT USED) 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] I1 l2 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE It3 CITY OP PORT WOR'CH Logan Sgimre, Phase / STANDARDCONSTAUCTIONSPECIFICATIONDOCUMENTS—DeveloperAwardedProjects CityProjeclNo.102077 Revised December 20, 2012 O]3119-1 DAP PRBCONSTRUCTION MEETING Page I of 3 1 2 3 4 5 6 7 8 9 SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 11 SUMMARY A. Section Includes: 1. Pirovisions far the preconstruction meeting to be held prior to the start of Work to clarify conshuction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No constiuction schedule required unless requested by the City. 10 C. Related Specificarion Secfions include, but are not necessarily limited to: 1 I 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measw ement and Payment IS 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 I3 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 [NOT USED] 1.4 AllMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconsttuction meeting. 2. Representatives of Cont�•actor, 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 firture reference. B. Preconshuction Meeting 1. 2. 3. A preconstruction meeting will be held within 14 days after the delivery of the disU�ibution package to the City. a. The meeting will be scheduled and administered by the City. The Project Representative will preside at the meeting, prepare the notes of the meeting and dish•ibute copies of same to all participants who so request by fully completing the attendance foim to be circulated at the beginning of the meeting. Attendance shalt inelude: a. Developer and Consultant b. Contractor's project manager a Conh•actor's superintendent d. Any subcontractot� or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Logan Sq��m�e, PGase 1 STANDARDCONSTRUCTIONSPECiFICAT[ONDOCUMBNTS—DFVF.LOPERAWARDEDPR07ECTS Ciry�Projec1N.102077 Reviscd August 3Q 2013 013119-2 DAP PRECONST2UCTION MEETING Page 2 of3 t 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 3l 32 33 34 35 36 37 38 39 40 e. Other City representatives £ Others as appropriate 4. Preliminaiy Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Stat�is of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Cont��act Time f. Notice to Proceed g. Consh•uction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter far Waste MaYerial L Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control'Cesting o. Public Safery and Convenience p. Documentation of Pre-Construction Conditions q. WeekendWorkNotification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative far operations of existing water systems v. Storm Water Pollution Prevenrion Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. 5pecial Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Cmrespondence Routing ee. Record Drawings ff. Temporaiy construcrion faciliYies gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH Logm� Sgxm�G Phase 1 STANDA2DCONSTRUCTIONSPECIFICATIONDOCUMGNTS—DEVELOPE2AWARDEDPROJECTS CifyPvajec7N./02077 Revised August 30, 2013 01 31 l9 - 3 DAP PRBCONSTRUCTION ME�TING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT US�D] 4 1.8 MAINTENANC� MATEI2IAL 5UBMITTALS [NOT USEDj 5 1.9 QUALITY ASSURANCE [NOT US�D] 6 1.10 D�LIVERY, STORAGE, AND HANDLING [NOT U5ED] 7 111 FIELD [SITE] CONDITIONS [NOT USED] 8 112 WAR1tANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EX�CUTION (NOT USED] 11 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTF�I Logm� Sgum�e, Phase ! STANDA2D CONSTRUCTION SPECIF[CATION DOCUMENTS — DEVELOPER AWA[tDED PROJECTS City Pi�aject No. 102077 Revised August 30, 2013 013233-1 DAPP2�CONSTRUCTION VIDBO Page 1 of 2 1 2 3 PARTt- GENERAL 4 11 SUMMARY 5 6 7 8 9 10 il 12 13 S�CTION Ol 32 33 PRECONSTRUCTION VIDEO A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standa�d Specification 1. Though not mandatory, it is highty recommended on infill developer projects. C. Related Specification Secrions iuclude, but are not necessarily limited to: 1. Division 0- Bidding Requirements, Contract Forms and Conditions of the Conh�act 2. Division 1- General Requirements 1.2 PRICE AND PAYMENT PROCEDUR�S 14 A. Measureinent and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed Por this Item. 17 1.3 REFERENCES (NOT USED] 18 1.4 ADMINISTRATIVE REQUIR�MENTS 19 20 21 22 23 24 25 1.5 A. Preconshuction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by consttuction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of tlle preconstruction video until the end of the maintenance surety period. SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTAL5/INFORMATIONAL SUBMITTALS [NOT U5ED] 27 28 29 30 31 32 19 CLOS�OUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCF [NOT US�D] 1.10 DELIVERY, STORAGF, AND HANDLING [NOT US�D] 1.11 FIELD [SITE] CONDITION5 [NOT USED] 112 WAI2RANTY [NOT USED] 33 PART 2- PRODUCT5 [NOT USED] CITY OF FORT WOR'CH Logmi Sq�mre, Phase / STANDARDCONSTRUCT[ONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPR07ECTS Cit��ProjeclNa./02077 Revised August 3Q 2013 O13233-2 DAPPRECONSTRUCTION VIDEO Page 2 of 2 PAR1' 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OP FORT WORTA Logan Sy�mre, Phase 1 STANDARDCONSTRUCTIONSPECIFICATIONDOWMBNTS—DEVELOPERAWARDEDPR07ECTS Cit��A�ojeclNa.l02077 Revised August 3Q 2013 01 33 00 - I DAP SUBMITTALS Page 1 of 11 1 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 11 5UMMARY A. Section Includes: SECTION Ol 33 00 DAP SUBMITTALS 1. General methods and requirements of submissions applicable to the following Worlc-related submittals: a. Shop Dt�awings b. Product Data (including Standard Product List submittals) a Samples d. Mock Ups B. Deviations from this City of Fort Wortl� Standard 5pecification 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 I. Division 0— Bidding Requirements, Contract Forms and Conditions of the Conh�act 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiaiy to the various items bid. 20 No separate payxnent will be allowed for this Item. 21 1.3 REFERENCE5 (NOT USED] 22 l.a ADMINISTRATIVE REQUIREM�NTS 23 A. Coordination 24 1. Notify the Ciry in writing, at the time of submittal, of any deviations in tlie 25 submittals from the requirements of the Contract Documents. CITY OF FORT WOR9'H Logan Square, Phase 1 STANDARD CONST2UCTION SPECIFICAT[ON DOC[1MENTS — DEVELOPER AWARDHD PROJECTS City Pr ject No. ]02077 Revised August 3Q 2013 Ol 33 00 - 2 DAP SUBMITTALS Page 2 of 11 1 2. Coordination of Submittal Times 2 a. Prepare, prioritize and h�ansmit each submittal sufficiently in advance of 3 performing the related Work ar other applicable activities, or within the time 4 specified in the individual Work Sections, of the Specifications. S 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 20 21 22 23 24 25 26 27 28 29 30 31 a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication fj Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to hansmit submittals sufficiently in advance of the Work. d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Wotic or in the work of any othet� contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under eacli specific Section number. a 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, Pliase 1 STANDARD CONS'[RUCTION SPECIPICATION DOCUMENTS — DBVHLOPER AWARDED P207ECT5 City Project No. 102077 2evised August 30, 2013 01 33 00 - 3 DAP SUOMITTALS Page 3 of l l 1 2) 08 is the eighth initial submittal under this Specification Section 2 3) B is the third sub�nission (second resubinission) of that particular shop 3 drawing � 5 6 7 8 9 10 11 12 C. Contractor Certiiication 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to detennine and verify the following: a. Field measurements b. Fieid consTruction criteria c. Catalog numbers and similar data d. Confotmance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: 13 a. Tlie Contractor's Company name 14 b. Signature of submittal reviewer 15 c. Certification Statement 16 17 18 19 20 21 22 23 1) `By this submittal, I hereby represent tl�at I have determined and verified field measurements, field consh�uetion ciiteria, materials, dimensions, catalog mimbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format I. Fold sliop drawings larger than 8'/z inches x ll inches to 8 Yz inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order 24 a. Cover Slieet 25 1) Description of Paclwt 26 2) Contractor Certification 27 b. List of items / Table of Contents 28 c. Product Data /Shop Drawings/Samples /Calculations CITY OF FORT W012TH Logan Syuare, Phase 1 STANDARDCONSTRUCTIONSPECIFICAT[ONDOCUMEN'CS—DEVELOPERAWARDEDPROSECTS CilyProjectNal02077 Revised August 3Q 2013 O] 33 00 - 4 DAP SUBM[TTALS Page 4 of I I il f�7 E. Submittal Content 1. The date of submission and the dates of any previous submissions 3 2. The Project title and number 4 3. Contractor identification 5 4. The names of: 6 a. Contractor 7 b. Supplier 8 a Manufachuer 9 5. Identification of the product, with the Specification Section number, page and 10 paragraph(s) 11 6. Field dimensions, clearly identified as such 12 7. Relation to adjacent or critical feaCures of the Work or materials 13 8. Applicable standards, such as ASTM or Federal Specification numbers 14 9. Identification by highlighting of deviations fi•om Contract Documents 15 10. Identificarion by highlighting of revisions on resubmittais 16 11. An 8-inch x 3-inch blank space for Contractor and City stamps 17 18 19 20 21 22 23 24 25 26 F. Shop Drawings 1. As specified in individual Work Seetions includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting dia��ams d. Actual shopwork manufacturing inst�uctions e. Custom templates £ Special wiring diagrams g. Coordination drawings CITY OF FORT W027'H Logan Square, Phnse 1 STANDARU CONST2UCTION SPEC[FICATION DOCUMF.NTS — llEVELOPER AWARDF.D PROJECTS City Project No. 102077 2evised August 3Q 2013 013300-5 DAP SUBMITTALS Page 5 of 11 1 h. Individual system or equipment inspection and test reports including: 2 1) Performance cmves and certifications 3 i. As applicable to the Work 4 2. Details 5 a. Relation of the vaiious pu-fs to the main members and lines of the structure 6 b. Where con�ect fabrication of the Work depends upon field measurements 7 1) Provide such measurements and note on the drawings prior to submitting 8 for approval. 9 G. Product Data 10 I. For submittals of product data for products included on the City's Standard Product 11 List, clearly identify each item selected for use on the Project. 12 2. For submittals of product data for products not included on the City's Standard 13 Product List, submittal data may include, but is not necessarily limited to: 14 a. Standard prepared data for manufactured products (sometimes referred to as 15 catatog data) 16 1) Such as the manufacturer's product specification and installation 17 inshuctions 18 2) Availability of colors and patterns 19 3) Manufacturer's printed statements of compliances and applicability 20 4) Roughing-in diagrams and templates 21 5) Catalog cuts 22 6) Product photograpl�s 23 7) Standard wiring diagrams 24 8) Printed peiformance cuives and operational-range diagrams 25 9) Produerion or qualiry conh�ol inspection and test reports and eerti6cations 26 10) Mill reports 27 l 1) Product operating and maintenance instructions and recorrunended 28 spare-parts listing and printed product wan•anties 29 12) As applicable to the Worlc CITY OF FORT W02TH Logan Square, Phase 1 STANDARDCONSTRUCTIONSPECIF[CATIONDOCUMENTS—UEVELOPE2AWARDEDPROJF.CTS CityProjectNa.102077 Revised August 30, 2013 O13300-6 DAP SUBMITTALS Page G of ll � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work sucl� as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattein 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. llo not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approvat of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at tlie Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution 22 a. Confirm development of Project directory for electronic submittals to be 23 uploaded to City's Buzzsaw site, or another externa( FTP site approved by the 24 City. 25 b. Shop Drawings 26 27 i I) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies 29 a) 3 copies for all submitta(s CPCY OF FORT WORTII Logan Square, Phase 1 STANDARDCONSTRUCTIONSPECIFICATIONDOWMENTS—DEVGLOPERAWA2DEDP20SECT5 CityProjeclNo.102077 Revised August 30, 2013 O13300-7 DAP SUBMITTALS Page 7 of I I 1 b) If Contractor requires more than I hard copy of Shop Drawings 2 returned, Contractor shall submit more than the number of copies tisted 3 above. 4 c. Product Data 5 1) Upload submittal to designated project directoiy and notify appropriate 6 City representatives via email of submittal posring. 7 2) Hard Copies 8 a) 3 copies for all submittals 9 d. Samples 10 1) Dish•ibuted to the Project Representative 11 2. Hard Copy Dish�bution (if required in Geu of electronic distribution) 12 a. Shop Drawings 13 1) Distributed to the Ciry 14 2) Copies 15 a) 8 copies for mechanical submittals 16 b) 7 copies for all other submittals 17 c) If Conh•actor requires more than 3 copies of Shop Drawings returned, 18 Contractor shall submit more than the number of copies listed above. 19 b. Product Data 20 1) Distributed to the Ciry 21 2) Copies 22 a) 4 copies 23 c. Samples 24 1) Distributed to the Project Representative 25 2) Copies 26 a) Submit the number stated in the respective Specification Sections. 27 3. Distribute reproductions of approved shop drawings and copies of approved 28 product data and samples, wtiere required, to the job site file and elsewhere as 29 directed by the Ciry. CITY OF FORT WORT[I Logan Square, Phase I STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVP.LOPER AWA2DED PROSECTS City Project No. 102077 Revised August 30, 2013 013300-8 DAP SUBMITTALS 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 depar[ure from tlie Contract requirements b. Relieving the Conh•actor of responsibility for any eirors, including details, dimensions, and materials c. Approving departures from details furnisl�ed by the City, except as otherwise pmvided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor fi•om his/her responsibility with regard to the fulfillment of the terms of the Conh•act. a. All risks of error and omission are assumed by the Contractor, and the City wilt have no responsibility therefore. 16 3. The Contractor remains responsible for detaits and accuracy, for coordinating the 17 Work with all other associated work and h�ades, for selecting fabrication processes, 18 for techniques 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 deparhire from the Contract requirements whicl� City finds to be in the interest of 21 the Ciry and to be so minor as not to involve a change in Contract Price or time for 22 perfoi7nance, the City may return the reviewed drawings without noting an 23 exception. 24 25 26 27 28 29 30 31 32 5. Submittals will be returned to tlie Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAK�N" is assigned when there are no notations or comments on tlie submittal. a) W hen retuined under this code tlie Contractor may release the equipment and/or material for manufacture. b. Code 2 1) 'BXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. CITY OF FORT WORTH Logan Syuare, Yhase 1 STANDARD CONSTRUCTION SPECIFICATION DOCOMENTS — DEVELOPER AWARDED P207F.CTS City Project No. ]02077 2evised August 30, 2013 013300-9 DAPSUBMITTALS Page 9 of 11 1 2 3 � 5 6 7 a) The Contractor may release the equipment or material for manufach�re; however, all notations and comments must be incoiporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. 8 a) The ConYractor may release the equipment or mateiial for manufacture; 9 however, all notations and comments must be incoiporated into the 10 final product. 11 b) This resubmittal is to address all comments, omissions and 12 non-confoiming 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 Ciry within I S Calendar Days of the date of the Ciry's transmittal s�equiring 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/vendar to meet the Contract Documents. 6. Resubmittals a. Handted in the same manner as first submittals 1) Con•ections other than requested by the City 2) Marked with t�evision triangle or other similar method a) At Contractor's rislc if not marked b. Submittals for eacli item will be reviewed no more tlian 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 tl�e City's or City 31 Representative's tllen prevailing rates. 32 2) Provide Contractor reimbursement to the City witl�in 30 Calendar Days for 33 all such fees invoiced by the City. C[TY OF FORT WORTH Logan Square, Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PR07F.CCS City Project No. I02077 Revised August 30, 2013 01 33 00 - IO UAP SUBMITTALS Page 10 of I I 1 2 3 4 5 6 7 8 9 10 a The need for more tl�an I resubmission m� any other delay in obtaining Ciry's review of submittals, will not entitle the Conhactor to an extension of Contract Time. 7. Partial Submittals a. City reseives the right to not review submittats deemed partial, at the City's discretion. b. Submittals deemed by tlie City to be not complete will be retmned to the Contractor, and will be considered "Not Approved" until resubmitted. a The City 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 con�ection indicated on the shop drawings to 12 constitute a cliange to the Contract Doeuments, then written notice must be 13 provided thereof to the Developer at least 7 Calendar Days prior to release for 14 manufacttu�e. 15 9. When the shop drawings have been completed to the satisfaction of the Ciry, the 16 Contractor may cairy out the construction in accardance therewith and no further 17 changes therein except upon written insiructions from the City. 18 10. 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 I. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of aceeptance for that rype of Work to be used on the Project. Remove at the completion of the Wark or when directed. M. Qualifications L If specifically required in other Sections of these Specifications, submit a P.E. CerCification for eaeh item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarif cation or interpretation of the contract documents b. When the Contractor believes there is a conflict Uetween Conh•act Documents CI'fY OF FORT WORTH Logan Square, Phase t STAIVDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVBLOPER AWARDED PROJECTS City Project No. 102077 Revised August 3Q 2013 013300-II DAPSUBMITTALS Page l I oF l 1 1 a 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 furtlier 5 information. 3 7 8 9 10 11 12 13 14 15 i[. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANC� MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT US�D] 1.10 DELIV�RY, STORAGE, AND HANDLING [NOT USED] 1.11 FI�LD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USEll] � � END OP SECTION Revision Log DAT� NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 20 CI'CY OF FORT WORTH Logan Square, Phase I STANDARD CONSTRUC7'ION SPECIFICATION DOCUM8NT5 — DEVF,LOPF.R AWA2DEU PROJECTS City Project Na. 102077 Revised August 30, 2013 Ol 45 23 DAP TGSTING AND INSPECTION SERVICES Page I of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PARTl- GENERAL 1.1 SUMMARY A. Sectionlncludes: L Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Conh�acC Forms and Conditions ofthe Conhact 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement andPayment 1. Work associated with this Item is considered subsidiary to the vaiious Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for fast set of Quatity Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent QualityAssurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all requiredpayments for testing by Contractor have been paid in full. 1.3 ItEFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance witl� the ContractDocuments. 2. Coordination a. When testing is required to be perforxned by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Conh•actor, notify City, sufficiently in advance, that testing will beperformed. 3. Dish�ibution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directoiy for eLectronic submittals to be uploaded to t(ie City's document management system, or another form of distribution approved by tlie City. CITY OF FORTWORTH Logan Square, Phase I STANDARDCONSTRUCTIONSPECIFICAT[ONDOCUMGNTS,—DGVELOPERAWA2DEDPR07ECTS CityProjectNa.102077 Revised Marcli 20, 2020 Ol 45 23 DAP TESTING ANU INSPECTIONSERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City represenYatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the ProjectRepresentative b. HardCopyDistribution(ifrequiredinlieuofelectronicdistribution) 1) Tests performed by City a) Distribute 1 hardcopytotheContractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. ProvideCity'sProjectRepresentativewithtripticketsforeachdeliveredloadof Conerete or Lime material including the following information: a. Name ofpit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Conh�actor from obligation to perform work in accordance witl� the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 5UBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATBRLAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FLELD [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 OF CI3ANGE 03/20/2020 D.V. Magaiia Removed reFerence to Buzzsaw and noted that electronic submittals beuploaded tl�rough tlte City's documeut managementsystem. CITY OF FORTWORTH Logan Square, Phase I STAIVDARDCONSTRUCTIONSPECIF[CA'CIONDOCUMENT$—DEVELOPERAWARDEDP20SECTS CityA�ojectNo.102077 Revised March 2Q 2020 OI5000-( DAP TEMPORA2Y FACILITTES AND CONTROLS Page 1 of4 SECTION Ol 50 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 11 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 a Storage Slieds and Buildings d. Dust control e. Temporaty fencing of the construction site B. Deviations from this City of Fort Worih Standard Specification 1. None. 15 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 I-- General Requirements 18 1.2 PRICE AND PAYM�NT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with tl�is Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REF�RENCES [NOT USED] 23 1.4 ADMINI5TRATIV� REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Temporary Utilities 1. Obtaining Temporaiy Seivice a. Make arrangements with utility service companies for temporaiy services. b. Abide by rules and regulations of utility seivice companies or autflorities 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 seivices necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connecrion with Work to be perfoi7ned 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 Conh•actor personnel and City's Project Representatives. a Coordination CITY OE FORT WOATH Logan Square, Phase 1 STANDARD CONSTRUCTION SPEC[F7CATION DOCUMENTS — DHVELOPGR AWARDED PROJECTS City Project No. l02077 Revised JOLY I, 201 I 015000-2 DAP TEMPORA2Y FACILI'PIES AND CONT20LS Page 2 of 4 1 I) Contact City 1 weelc before water for conshltetion is desired 2 d. Confractor Payment for Conshuction 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 seroice as required for Work, including 7 testing of Work. 8 1) Provide power fm� lighting, operation of equipment, or other use. 9 b. Electric power service includes temporaiy power service or generator to 10 maintain operations during scheduled shutdown. 11 4. Telephone 12 a. Provide emergency telephone seivice at Site for use by Conhactor personnel 13 and others perforxning work or furnishing services at Site. 14 5. Temporuy Heat and Ventilation 15 a. Provide temporaiy I�eat as uecessary for protection or completion of Wark. 16 b. Provide temporary heat and ventilation to assure safe working conditions. 17 B. Sanitary Facilities 18 I. Provide and maintain sanitary facilities far persons on Site. 19 a. Comply with regulations of State and local departments of liealth. 20 2. Enforce use of sanitary facilities by construction personnel atjob site. 21 a. Enclose and anchor sanitary facilities. 22 b. No discharge will be allowed fi•om these facilities. 23 c. Collect and store sewage and waste so as not to cause nuisance ar health 24 problem. 25 d. Haul sewage and waste off-site at no less than weekly intervals and properly 26 27 28 29 30 31 32 33 34 35 36 dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. a. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatlierproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventoty. 37 4. Equip building with loekable doors 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 5. Fill and grade site for temporary stiuctures to provide drainage away from 41 temporary and existing buildings. 42 43 44 45 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing Provide and maintain for tl�e duration or constiuction when required in conhact documents CITY OF FORT WORTH Lagan Sgum�G Plmse 1 S7'ANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PR07ECTS Cif}� Prajecf N./02077 Revised JULY 1, 201 I 015000-3 DAP TEMPORARY FACIL[T[ES AND CONTROLS Page 3 of 4 1 �. �USt �,'011iC0� 2 1. Conh•actor is responsible for mainCaining dust conh•ol through the duration of the 3 project. 4 a. Contractor remains on-call at all times 5 b. Must respond in a timely manner 6 F. Temporary Protection of Consh•ucYion 7 I. Contracmr or subcontractors are responsible for protecting Worlc from damage due 8 to weather. 9 1.5 SUBMITTALS [NOT USED] 10 1.6 ACTION 5UBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 11 1.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] ] 3 1.9 QUALITY ASSURANCE [NOT USED] 14 110 DELIVERY, STORAGE, AND AANDLING [NOT USED] 15 l.11 FIELD [SITE] CONDITIONS [NOT USED] t6 1.12 WARRANTY (NOT USED] 17 PART 2- PRODUCTS [NOT USED] 18 PART 3- EXECUTION [NOT USED] 19 31 INSTALLERS [NOT USED] 20 3.2 EXAMINATION [NOT USED] 21 3.3 PREPARATION [NOT USED] 22 3.4 IN5TALLATION 23 A. Temporaiy Facilities 24 1. Maintain all temporary facilities for duration of constiuction activities as needed. CITY OF FORT WORTH Logan Square, Pha,se 1 STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPE2AWA2DEDPROSECTS Ci{yPrajectNa.102077 Revised JOLY I, 201 I oi s000-a DAP TEMPORARY FACILITIES AND CONT20LS Page 4 of 4 1 3.5 �REPAIR] / [RESTORATION] 2 3.6 RE-INSTALLATION 3 3.7 PIELD (oa] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 311 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Woi•k, Co a 10 condition equal to or better tlian prior to starC of Work. l i 3.12 PROTECTION [NOT USED] l2 313 MAINTENANCE (NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 [F END OF SECTION Revision Log DATE NAMH SUMMARY OF CHANGE �� CITY OF FORT WORTH Logan Sgimre, Phase l STANDARD CONSTRUCTiON SPECIF[CAT[ON DOCUMENTS — DEVELOPE2 AWARDED PROJECTS Ciq� Pr»ject No. 102077 Revised 7ULY 1, 2011 OlS52G-I DAP STREET USE PERMIT AND MODIF[CATIONS TO TRAFFIC CONTROL Page 1 of 3 2 3 4 SECTION Ol 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 11 SUMMARY 5 A. Section Includes: 6 I. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic conh�ol 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but u•e not necessarily limited to: ] 3 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— General Requirements IS 3. Section 34 71 13 —Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES ] 7 A. Measw•ement and Payment 18 1. Work associated wit(� this Item is considered subsidiaiy to the various Items bid, 19 No separate payment will be allowed for this Item. �zi] 2t 1.3 REFERENCES 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 Uniforxn Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREM�NTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Traffic Conurol 1. General a. When traffic conhrol plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic controt plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. I) Allow minimum 10 worlcing days for review of proposed Traffic Control. B. Sh�eet Use Permit I. Prior to installation of Traffic Control, a City Street Use Peimit is required. a. To obtain Street Use Pennit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Lagan Squm�e, Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDF.D PR07ECTS Ciry A�aject No. l02077 2evised 7uly I, 20l l O15526-2 DAP STREET USE PERM[T AND MOD[FICAT[ONS TO TRAFF[C CONTROL Pa�e 2 of 3 1 2 3 4 5 6 7 8 9 10 11 1) Allow a minimum of 5 worlcing days for permit review. 2) Cont�•actor's responsibiliry to coordinaYe review of Traffic Conhol pLans for Sn�eet Use Permit, such tl�at consn•uction is not delayed. C. Modification to Approved Traffic Conh�ol 1. Prior to installation traffic control: a. Submit revised traffic contml plans to City Department Transportation and Public Works Department. 1) Revise Traffic Controt ptans in accordance with Section 34 7l 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Trafiic Contro( plans for Street Use Peimit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3t 32 33 E. Temporaty Signage 1. In the case of regulatory signs, replace pei7nanent sign with temporary sign meeting requirements of the latest edition of the Texas Manuat on Unifonn Traffic Control Devices (MUTCD). 2. Install temporaiy sign before the removal of perrnanent sign. 3. When construction is comptete, to tt�e extent that the permanent sign can be reinstalled, contact the Ciry Transportation and Public Works De�artment, Signs and Markings Division, to reinstall the pennanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT U5ED] 1.8 MAINTENANCE MAT�RIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 llELIVERY, STORAGE, AND HANDLING [NOT USED� 1.11 FIELD [SITE] 1.12 WARRANTY [NOT U5�D] [NOT USED] 34 PART 2- PRODUCTS [NOT U5ED] 35 36 PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT W02TH Lagan Sgum�e, Pliase 1 STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS — DEVELOPBR AWARDF.D P20JECTS Cit�� Rnject Na. 102077 Revised July 1, 20ll 01 55 26 - 3 DAP STREET OSE PERMIT AND MOD[FiCATtONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT W02TFI Logun Sqxare, Pha,se ! STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROSCCTS Cit�� Praject No. 102077 Revised Suly I, 201 I oi s� i3 - � DAP STORM WA'TE2 POLLUTION PRGVENTION Page I of 3 1 2 SECTION Ol 57 13 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations firom this City of Fort Worth Standard Specification 8 1. None. 9 C. Re(ated Specification Sections include, but are not necessarily limited to: ] 0 1. Division 0— Bidding Requirements, Conh•act Forms and Conditions of the 11 Contract 12 2. Division 1— General Requirements 13 3. Section 31 25 00 — Erosion and Sediment Control 14 15 16 17 18 19 20 21 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Constiuction Activities resulting in less ttian 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Conshuction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REF�RENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Tertnination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 I. Reference standards cited in this Specification refer to the enn•ent reference 30 standard published at tl�e time of the latest revision date togged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Starm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE l2EQUIREMENTS 35 A. Generai 36 1. Contractor is responsible for reso(ution and payment of any fines issued associated 37 with compliance to Stormwater Polhrtion Prevention Plan. CITY OP PORT WORTR Logmi Syi�are, P6ase 1 STANDA2D CONSTRUCTION SPECIFICATION DOCUMENTS — D6VELOPER AWARUED PROSECTS City Praject No. 102077 Revised July I, 20t I 0t5713-2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Constiuction Activities resulting in: 2 1. 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 dishu�bance 6 a. Texas Pollutant Discharge Etimination System (TPDES) General Construction 7 Permit is required 8 b. Comptete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Constniction 5ite Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Priar to Preconstruction Meeting, send 1 copy to Ciry Deparhnent of 13 Transportation and Public Works, Environmental Division, (817) 392- 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 .1:: 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Peimit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Dishirbance a. Texas Pollutant Discharge Elimination System (TPDES) General Const�-uction Pertnit is required b. Complete SWPPP in accordance with TCEQ requirements I) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes ot� updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and atl ttte closeout requirements of TCEQ liave been met a TCEQ Notice of Teimination can be submitted. a) Send copy to City Department of Transportation and Public Worlcs, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 A. SWPPP 1. Submit in accoidance with Section O1 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of 5WPPP to the City as follows: 1) I copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Publie Works, Environmental Division for review CITY OF FORT WORTH Logmi Sguare, P{�ase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMHNTS — DEVELOPE2 AWARDED PROJECTS Cip� A� ject No. /02077 2evised luly I, 201I 01 57 13 - 3 DAP STORM WATGR POLLUTION P2EVENTION Page 3 of 3 I B. Modified SWPPP 2 L If the SWPPP is revised during construction, resubmit modified SWPPP to the Ciry 3 in accordance with Section O1 33 00. 4 1.6 ACTION SUBMITTALS/INTORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTAL5 [NOT US�D] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] S 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] ]0 1.12 WARRANTY (NOT US�D] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 � END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 15 C[TY OF FORT WORTI�] Logan Squm�e, Phasc l STANDARD CONSTRUCT[ON SPECIr[CATION DOCOMF.NTS — DEVELOPE2 AWARDED PROJGCTS Cit�� R� jecl N. l02077 Revised July I, 201 I Ol 6000 DAPPRODUCTREQUIREMENTS Page I of 2 S�CTION Ol 60 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. SectionInchides: l. References for Product Requirements and City Standard Pt�oducts List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1—General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOTUS�D] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available tluough the City's website at: https://apps.fortworthtexas.eov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Onlyproducts specifically included on City's StandardProduct List in these Contract Documents shall be allowed foruse onthe Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by tlie City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. L 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 for use, including but not limited to, that manufacturer's standard product. D. See Section O1 33 00 for submittal requirements of Product Data included on City's Standatd 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 OP FORTWOR9'H Logan Square, Phase 1 STANUARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS CityProjcclNo.102077 Revised March 2Q 2020 01 G000 DAPPRODUCTREQUIREMENTS Page 2 of2 1.10 DELIV�RY, STORAGE, AND HANDLING [NOT USED] l.11 FIELD [SITE] CONDITIONS [NOT USED) 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Jolmsou Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP apylication 03/20/2020 D.V. Magaiia Removed reference to Buzzsaw and noted that the City approved products listis accessible through the City's website. CITY OF FORTWORT}I Logan Square, Phase 1 STANDARDCONSTRUCTIONSPECIF[CATTONDOCUM6NTS—DEVELOPERAWARDEDPROlECTS CityProjectNo.102077 Revised March 20, 2020 O]6600-I DAP P20DUCT STORAGE AND [-IANDLING RP.QUIREMENTS Page l of4 � SECTION Ol 66 00 PRODUCT STORAGB AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 11 SUMMARY 5 6 7 8 9 10 1( 12 13 14 15 A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for deliveiy 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarity limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Cont��act 2. Division 1— General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Wark associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCE5 [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREM�NTS (NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION 5UBMITTAL5/INFORMATIONAL SUBMITTALS [NOT USED] 24 25 26 27 28 29 30 31 32 33 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMTTTALS (NOT USED] 1.9 QUALITY ASSURANCE [NOT U5ED] 110 D�LIV�RY AND HANDLING A. Deliveiy Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be perrnitted to wait extended periods of time on the Site for personnet or equipment to receive the delivery. CITY OF FORT WORTH Logan Syuarc, Phase 1 STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMHNTS — DEVELOPBR AWARDED PROJECTS City Project No. 102077 Revised April 7, 2014 o� ��oo-z DAP PRODUCT STORAGE AND I�IANDLING REQUIREMENTS Page 2 of 4 I 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constiucted to protect the contents fi�om 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 insttuctions for storage and handling. 7 B. Handling Requirements 8 1, Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 I. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soit materials and materials to be incorporated into Wot�k to prevent 15 damage to any part of Wortc or existing facilities and to maintain free access at ] 6 all times to all parts of Work and to utility seivice company insta(lations in 17 vicinity of Work. 18 3. Keep materials and equipment neatty and compactly stored in locations that will 19 cause minimum inconvenience to othet� contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Atrange storage to provide easy access for inspection. 22 4. Restrict storage to areas availabte on construction site for storage of materia( and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes withont 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stacic materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet fi�om fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewallcs, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is I,000 linear feet, unless otherwise approved in writing by City's 38 Project Repxesentative. CITY OF F02T WORTH � Lngan Squm�e, Phase 1 STANDARD CONSTRUCTION SPF,CIFICATION DOCUMF,NTS — DEVELOPBR AWARDED PROSECTS Cit�� Po�oject No. /02077 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDL[NG REQO[REMENTS Page 3 of 4 1 l.11 I+IELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - �XECUTION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 f�3; 29 � 31 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to ttte site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactoiy for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT US�D] 3.10 CLEANING (NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT US�D] 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 wl�ile in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF 5ECTION CITY OF FORT WORT[i Logan Syi�are, Phase ! STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPBRAWARDEDPROSEC'PS CityProjeclNo.l02077 Revised April 7, 2014 016600-4 DAP P20DUCT STORAGE AND HANDLING REQIDRBMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OP CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Logan Square, Phase ! STANDARD CONSTRUCTION SPECIFICATION DOCUMBNTS — DEVELOPER AWARDED P207ECTS Ciq� Project No. 102077 Revised April 7, 2014 o� �o 00 - i DAP MOBiLIZATION AND REMOBILIZATION Page l of6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: I. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary generat facilities for the Contractor's operation at tlie Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to anotl�er location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 locarion to another Location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Ctean-up 3) Removal of all buitdings and/or other facilities assembled at the Site for this Contract e. Mobilization and Demobilization do not inelude activities for specific items of work tl�at are for which payment is provided elsewl�ere in the contract. 2. Remobilization a. Remobilization for Suspension of Worlc specificatly required in the Contract Documents or as required by Ciry includes: 28 1) Demobitization CITY OF FORT WORTH Logan Square, Phase I STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWA2DGD P20J�CTS City Project No. 102077 Revised April 7, 2014 oi�000-z DAP MOHILIZATION AND RHMOBILIZATION Page 2 of 6 1 a) Transportation of Contracmr's personnel, equipment, and operating 2 supplies from the Site inchlding disassembly or temporarily securing 3 equipment, supplies, and other facilities as designated by the Contract 4 Documents necessary to 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 2) Remobilization a) Transpartation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Worlc. b) Establishment of necessary general facilities for ti�e Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization fi•om one location to another on the Site in the normal progress of perfoi�ning the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 1) Mobilizarion shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establisl�ment of necessary general facilities for the Contractor's operation at the Site for tlte issued Work Order 2) Demobilization shall consist of the activities and cost necessaty for: 25 a) Transportation o£ Contractor's personnel, equipment, and operating 26 supplies from the Site including disassembly for each issued Wm�lc 27 Order 28 b) Site Clean-up for eac(i issued Work Order �C �, 31 32 c) Removal of all buildings or other facilities assembled at the Site for each Worlc Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. CITY OF FORT WORTH Logan Square, Phase 1 STANDARD CONST2UCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDLD P20JECTS City Project No. 102077 Revised Aprii 7, 2014 O17000-3 DAP MOBILIZATION AND REMOBILIZAT[ON Page 3 of 6 1 4. �mergency Mobilizations and Demobilization for Miscellaneous Projects 2 a. A Mobilization for Miscellaneous Projects when directed by the Ciry 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 timited to: I. Division 0— Bidding Requirements, Contract Forms and Conditions of the Conh•act 2. Division 1— General Requirements 9 1.2 PRICE AND PAYMENT PROCEDURES 10 11 12 13 14 15 16 17 18 19 20 21 22 A. Measurement and Payment I. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiuy to the various Items bid. b. Payment 1) The work performed and materials futnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be al lowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measw�ement 1) Measurement for tliis Item shall be per each remobilization performed. b. Payment 23 1) The work performed and materials fitrnished in accordance with this Item 24 and measured 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: 28 I) Demobilization as described in Section 1.1.A.2.a.1) CITY OF FORT WORTH Logan Square, Phase l STANDARD CONSTRUCT70N SPECIFICATION DOCUMENTS — DBVELOPER AWA2DED PROJECTS City Pr ject No, I02077 Revised April 7, 2014 oi �000-a DAP MOBILIZATION AND REMOB[L[ZATION Page 4 of 6 1 2) Remobilization as described in Section 11.A.2.a.2) 2 d. No payments will be made for standby, idle time, or lost ptrofits associated this 3 Item. 4 3. Remobilization fm� suspension of Work as required by City 5 a. Measurement and Payment 6 I) This shall be submitted as a Contract Claim in accordance with Article 10 7 of Section 00 72 00. 8 9 10 11 12 13 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement I) Measurement for this Item shall be for each Mobilization and 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. Demobitization sha(1 be considered subsidiary to mobilization 19 and shall not be paid for separately. 20 a The price shall include: 21 1) Mobilization as described in Section 1.I.A3.a.1) 22 2) Demobilization as described in Section 1.1.A3.a.2) 23 d. No payments will be made for standby, idte time, or lost profits associated this 24 Item. 25 26 27 28 29 30 31 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment I) The Work performed and materials fiunished in accordance with this Item and measured as provided under "MeasuremenY' wilt be paid for at the unit CITY OF FORT W02TH Logan Square, Phase 1 STANDARD CONSTRUCTION SPL.C[FICATION DOWMENTS — DEVELOPER AWA2DF.D PROJEC'CS City Project No. 102077 Rcvised April 7, 2014 017000-5 DAP MOBIL[ZATION AND RHMOBILIZATiON Pnge 5 of G 1 price per each "Work Order Emergency Mobilization" in accordance with 2 Contract Documents. Demobilization shatl be considered subsidiary to 3 mobilization and shalt not be paid for separately. 4 c, The price shall include 5 1) Mobilization as described in Section I.1.A.4.a) 6 2) Demobilization as described in Section I.I.A.3.a.2) 7 d. No payments will be made for standby, idle time, or lost profits associated this 8 Item. 9 1.3 REFER�NCES [NOT USED] 10 1.4 ADMINI5TRATIVE REQUIREMENTS [NOT USED] 11 1.5 SUBMITTALS [NOT USED] 12 1.6 INFORMATIONAL SUBMITTALS [NOT USED� 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANC� MATERIAL 5UBMITTALS (NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING (NOT USED] 17 111 FI�LD [SITE] CONDITIONS [NOT U5ED] 18 112 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Logan Square, Phase i STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS—DEVELOPERAWARDEDPROJECTS CityProjeclNo.102077 Revised April 7, 2014 oi�000-� DAP MOHILIZATION AND REMOBILIZAT[ON Page 6 oT 6 CITY OF FORT WORTH Logan Square, Phase 1 STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS—DEVELOPBRAWARDED PROJECTS City Project No. 102077 Revised Apri17, 2014 O17423-I DAPCLBANING Page I of4 i 2 3 !! SECTION Ol 74 23 CLEANING PART1- GENERAL 1.1 SUMMARY 5 A. Section Inctudes: 6 1. Intei�rnediate and final cleaning for Wark not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations fiom this City of Fort Woith Standard Specificarion 9 1. None. 10 11 12 13 14 1.2 C. Related Specification Sections inelude, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Conhact 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro-Mulching, Seeding and Sodding PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Wor(c associated with this Item is considered snbsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 R�F�RENCES [NOT U5ED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 1.5 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 coinpletion of Work and immediately prior to final inspection. SUBMITTALS [NOT U5ED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS (NOT USED] 27 1.7 CLOSEOUT SUBMITTAL5 [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 � 31 32 33 1.9 QUALITY ASSURANCE [NOT USED] 110 5TORAGE, AND HANDLING A. Storage and Handling Requirements I. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Logan Sgzmre, Plmse 1 STANDA2D CONST2UCTION SPECIFICATION DOCUMENTS — DEVELOPBR AWA2DED PROJECTS City Po�oject No. l02077 Revised April 7, 2014 017423-2 DAP CLEANING Page 2 of 4 1 i.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCT5 � 5 6 7 8 9 10 11 12 2.1 OWNER-FURNISHED [oa] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIAL5 A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.a SOURC� QUALITY CONTROL (NOT USED] 13 PART 3 - EXECUTION 14 15 16 t7 t8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 31 INSTALL�RS [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 USED] 3.7 FIELD [oa] SITE QUALITY CONTROL [NOT USED] 3.8 SY5TEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 310 CLEANING A. General I. Prevent accumulation of wastes that areate 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 tl�inner in stoim or sanitaiy drains or sewers. 4. Dispose of degradable debris at an appiroved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alteinate mannec approved by City and regulatory agencies. C[TY OP FORT WORTH Logmi Syuare, Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVBLOPER AWARDED PROJECTS City A�oject No. 102077 Revised April 7, 2014 OL 7423 -3 DAP CLEANING Page 3 oF4 t 6. Handle materials in a controtled manner with as few handlings as possible. 2 7. Tlioroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary constiuction and activities incidentat to construction 5 of required pei7nanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reseives the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to l�inder l�eatth, safery or convenience of personnel in existing faciliry operations. 2. At maximum weeldy intervals, dispose of waste materials, debris and rubbish. 3. Confine constniction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operationat activities c. Haul fi•om site at a minimum of once per week 4. Vacuwn clean interior areas when ready to receive finish painting. a. Continue vacnum cleaning on an as-needed basis, unti( Final Acceptance. 5. Prior to storm events, tl�oroughly 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 containeis 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 disiupt the flow of traf6c along the roadway. 3. Clean any interior areas inetuding, but not limited to, vaults, manholes, stiuchires, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES (NOT USED] 33 34 35 36 37 38 39 40 312 PROT�CTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHM�NTS [NOT USED] CITY OF FORT WORTH Logan Sqzmre, Pliase 1 STANDARDCONSTRUCTIONSPECIF[CAT[ONDOCUMENTS—DEVHLOPERAWARDEDPROJECTS Ci1yP��ajeciNo.J02077 Revised April 7, 2014 Ol 74 23 - 4 DAP CLGANING Page 4 of 4 END OF 5ECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised For DAP application CITY OF FORT W02TR Logaii Sguare, Pl�ase i STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS — DEVELOPER AWARDED PROJECTS City A�oject No. l02077 Revised Aprii 7, 2014 oi��i9-i DAPCLOSEOUT REQU�REMENTS Page l of 3 i 2 3 PART1- GENERAL 4 1.1 SUMMARY S�CTION Ol 7719 CLOSEOUT REQUIREMENTS 5 A. Section Includes: 6 1. The procedure for closing out a cont�•act 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract I I 2. Division I— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 I. Work associated witti this Item is considered subsidiaiy to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIR�MENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 sarisfaetorily filed with the City. 22 S. Release of Liens or Ctaims 23 1. No application for final payment will be accepted untit satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 5UBMITTALS 26 A. Submit a(1 required documentation to City's Project Representative. CITY OF FORT WORTH Logm� Sgimre, Phase 1 STANDARDCONSTRUCT[ONSPECIF[CATIONDOCOMENTS—DEVELOPE2AWARDEDPR07ECTS CityProjeclNa.102077 2evised April 7, 2014 oi �� i9-z DAPCLOSEOUTREQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTAL5 [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART3- EXECUTION 5 3.1 IN5TALL�R5 [NOT USED) 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT U5ED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 I. Project Record Documents in accordance with Section O1 78 39 1 I 2. Operation and Maintenance Data, if required, in accordance with Section O1 78 23 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 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section O1 74 23. C. Finallnspection 1. After final cleaning, provide norice to the City Project Representative that the Wot•]c is completed. a. The City will malce an initial Finat Inspection with tlie Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 bnsiness days, of any parYiculars in which tl�is inspection reveals that the Work is defecrive or incomplete. 2. Upon receiving written notice from the City, immediately tmdei�tatce 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 Ciry, in the presence of the Conh•actor, will make a subsequent Final Inspecrion of the project. 4. Provide all special accessories required Yo place each item of equipment in full operation. These special accessoiy items include, but are not limited to: a. Specified spare paits b. Adequate oil and g�ease as required far the first lubrication of the equipment c. Initial fi(I up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses £ Vault lceys g. Handwheels h. Otlier expendable items as required for initial start-up and operation of all equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Logan Square, Phnse l STANDARD CONSTRUCT[ON SPBCIFICATtON DOCUMENTS — DEVELOPE2 AWA2DED PROJECTS Citp Projecf No. 102077 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUII2EMENTS Page 3 of 3 9 3 4 5 6 7 8 9 10 il 12 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the Ciry will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate wiU� the City Project Representative to comptete 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 Repoi�t (if required) £ Contractor's Evaluation of City g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 18 19 20 21 22 3.5 REPAIR / RESTORATION [NOT USED] 3.G RE-IN5TALLATION [NOT USED] 3.7 FIELD �oa] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USEDj 3.9 ADJUSTING [NOT USED� 310 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 25 26 27 28 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE (NOT USED] 314 ATTACHMENT5 [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 CITY OF F02T WORTH I.ogan Sy«m�e, Phase / STANDARD CONSTROCTION SPECIFICATION DOCUMENTS—DEVfiLOPBR AWARDED PROSECTS Ci7yA�ojectNa, 102077 Revised April 7, 2014 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION Ol 78 23 OPERATION AND MAINTENANCE DATA 5 A. Section Inchides: 6 l. Product data and retated 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 from this City of Fort Woith Standat�d Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: I S 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE ANll PAYM�NT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiaiy to the various Items bid. 20 No separate payment will be allowed for this Item, 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedute 24 1. Submit manuals in final foim to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTAL5 27 A. Submittals shall be in accordance witlz Section O1 33 00. All submitCals sl�all be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 31 32 33 34 35 36 37 A. Submittal Fortn 1. Prepare data in form of an instructional manual for use by Ciry personnet. 2. Foimat a. Size: 8 Yz inches x 1 I inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal a Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Logan Squm�e, Phase ! STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARD6D PROJF,CTS Cit�� Project N�. 102077 Revised April 7, 2014 017823-2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or eacti piece of operating 5 equipment. 6 1) Provide ryped description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 £ Cover 10 I) Identify each vohlme with ryped or printed title "OPERATING AND t I MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identiry of general subject matCer covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into retated consistent 19 groupings. 20 4. If available, provide an electronic foi7n of the O&M Manual. 21 B. Manual Content 22 1. Neatly 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 eacli product: 26 1) The name, address and telephone number of t(te subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 votume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 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 at�e pertinent to the specific product. b. Annotate each slieet to: 1) Clearly identify specific product or part installed 2) Clearly identify data appticable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessaty to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Conttnl and flow diagrams b. Coordinate drawings witl� infoi7nation in Project Record Documents to assure con�ect illush�ation 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. Organizein consistentformatunderseparate headings for differentprocedures. b. Provide logicat sequence of instructions of each procedure. C[TY OF FORT WORTH Logan Sqamre, Phase ! STANDARD CONSTRUCT[ON SPECIF[CATION DOCUMENTS — DEVELOPER AWARDBD P20JGCTS Ciry� Projcct No. 102077 2evised Apri17, 2014 O17823-3 DAP OPERAT[ON AND MAiNTENANCE DATA Pa�e 3 of 5 1 5. Copy of each warranty, bond and setvice conuact issued 2 a. Provide infoimaYion sheet for Ciry personnel giving: 3 I) Proper procedm�es in event of failure 4 2) Instances wl�ich might affect validity of watranties or bonds 5 C. Manual for Mateiials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for arcl�itectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition t0 2) Color and textur•e designations I i 3) Information required for reordering special manufactm•ed products 12 b. Instnlctions for care and mainCenance 13 I) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and metliods which are detrimental to 15 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 1) Applicable standards 20 2) Chemical composition 2t 3) Details of installation 22 b. Insttuctions for inspection, maintenance and repair 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 D. Manual for Equipment and Systems I. Submit 5 copies of complete manuat in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break_in, routine and normal operating instructions 2) Regulation, conhrol, stopping, shut-down and emergency instnzctions 3) Summer and winter operating inshuetions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "h�ouble shooting" 3) Disassembty, repair and reassembty 4) Alignment, adjusting and checking d. Servicing and lubrication schedute 1) List of lubricants required e. Manufacturer's printed operating and maintenance inshuctions £ Description of sequence of operation by control manufachu�er 1) Predicted life ofparts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed cotor coded piping diagrams CITY OF FORT WORTH Logan Squm�e, Pl�asc 1 STANDARDCONSTRUCTIONSPEC[FICATIONDOCUMENTS—DHVGLOPE2AWARDEDPROJECTS CiryPrjeclNo.102077 2eviaed April 7, 20I4 017823-4 DAP OPERATION AND MAiNTENANCE DATA Page 4 of 5 i i. Charts of valve tag numbers, with location and function of each valve 2 j. LisC of original manufacturer's spare parts, manufacturer's cun�ent prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each elech•ic and elech�onic 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 data and tests 9 3) Complete nomenclature and commercial number of replaceabte parts 10 b. Circuit directories of panelboards 11 1) Electrical setvice 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and noi7nal operating inst�uctions 17 2) Sequences required IS 3) Special operating inshuctions 19 e. Maintenance pirocedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 £ Manufacturer's printed operating and maintenance insuuctions 25 g. List of original manufachlrer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Speciiications 28 29 30 31 4. Prepare and include additional data when the need for sueh data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 34 35 36 A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Slcilled as technical writer to the extent t�equired to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT W02TH Loga�i S9uare, Plmse 1 STANDARD CONSTRUCT[ON SPECIF[CATION DOCUMENTS — DEVELOPER AWARDED P20JGCTS City Po�ojecf No. 102077 2evised April 7, 2014 O17823-5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 110 DELIVERY, STORAGE, AND AANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] r � END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/3l/2012 D. Johnsmi 1.S.A.1—title ofsec6on removed 4/7/2014 M.Domenech Revised for DAP Application Fi C[TY OF F02T WORTH Logm� Syum�c, Plwse 1 STANDARD CONSTRUCTION SPBCIF[CATION DOCUMENTS — DEVELOPER AWARDED PROSECTS Cig� Pr ject N. l02077 2evised April 7, 2014 01 78 39 - l DAP PROJBCT RECORD DOCUMENTS Page 1 of4 2 � C! 5 6 7 8 9 t0 11 12 13 SECTION Ol 78 39 PR07ECT RECORD DOCUMENTS PART1- GENERAL 11 SUMMARY A. Section Includes: 1. Work associated with ttie documenting the project and recording changes to project documents, inchlding: a. Record Drawings b. Water Meter Seivice Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations fi•om this City of Fort Worth Standard Specification 1. 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 Conh•act t 6 2. Division 1— Generai Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated witll this Item is considered subsidiaiy to the various Items bid. 20 No separate payment will be a(lowed for this Item. 2t 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIR�MENTS [NOT USED] 1.5 SUBMITTALS A. Priar 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 5UBMITTALS [NOT U5ED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other pocuments where such enh•y is required to show the change properly. 2. Accuracy of records shall Ue such that fuhire search for items shown in the Contract Documents may rely reasonably on information obtained fi•om the approved Project Record Documents. C[TY OP FORT WORTH Logan Sguare, Phase 1 STANDARD CONST2UCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS Cit�� PmjecWa. /02077 ReviseA April 7, 2014 O17839-2 DAPPROJECTRECORD DOCUMENTS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 � 3. To facilitate accuracy of records, malce entries within 24 t�ours after receipt of information that the change has occurred. 4. Provide factual information regarding alt aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed witl�out lengthy and expensive site measurement, investigation and examination. 110 5TORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents comptetely protected from deterioration and from loss and damage until completion of the Wm�k and h�ansfer of all recorded data to the final Project Record Documents. 2. In tlie event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. l.11 FIELD [SITE] CONDTTION5 [NOT USED] 1.12 WARRANTY [NOT USED] 17 PART2- PRODUCTS 18 21 OWNER-FURNISHED [ou] OR'NER-SUPPLIED PRODUCTS [NOT USED] LL' 20 21 22 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Conh•act. 23 B. Final Record Documents 24 I. At a time neaiing the completion of the Work and priar to Finat Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 27 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART3- EXECUTION 29 3.1 INSTALLERS (NOT USED] 30 31 32 33 34 35 3.2 EXAMINATION �NOT U5ED] 3.3 PREPARATION [NOT USED] 3.4 MAINT�NANCE DOCUMENTS A. Maintenance of 7ob Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Lagmi Sq��m�e, Phaxe 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DHVELOPER AWARDED PROSEC7'S Ciry� Po�oject No. 102077 Revised April 7, 2014 O17839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preseivation 2 a. Considering the Contract completion time, the probabte number of occasions 3 upon which the job set must be tatwn out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the j ob set. 6 b. Do not use the job set for any purpose except enriy of new data and for t�eview 7 by the City, until start of h�ansfer of data to finai Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Const�•uction Survey 10 a. At a minimum clearly mark any deviations from Contract Documents I 1 associated with installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Rewrd 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 enh•ies. 17 d. Call attention to the entry by a"cloud" drawn around the area or areas affected. 18 e. In the event of overlapping changes, use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, airangements of conduits, circuits, piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physicat layout. 24 1) Final physical arrangement is determined by the Conn•actor, subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the finat plrysical layout of items which 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 nm of items. 31 I) Final physical airangement is determined by the Contractor, subjeet to the 32 City's approval. 33 2) Show, by symbol or note, the vertical location of tl�e Item ("under stab", "in 34 ceiling plenum", "exposed", and the like). 3S 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 a Tl�e City may waive the requirements for conversion of schematic layouts 38 where, in the Ciry's judgment, conversion seives no useful purpose. However, 39 do not rely upon waivers being issued except as specificalty issued in wt�iting 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 c(ianges as required. b. Clearly indicate at each affected deYail and other Drawing a fizll desaription of changes made during conshliction, and the actual location of items. c. Call attention to each entry by drawing a"cloud" around the area or areas affected. C[TY OF F02T WORTH Logan Sgum�e, Phase 1 STANDARD CONST2UCTION SPECIFICATION DOCUMENTS — DF.VELOPER AWA2DED P20JECTS Ciry� A�oject No. 102077 2evised April 7, 2014 017839-4 DAP PRO7ECT RECORD DOCUMENTS Page 4 oF4 1 2 3 4 5 6 7 8 9 10 11 12 ]3 14 15 16 17 18 19 20 21 22 23 d. Make changes neatly, consistently and with the proper media to assure longevity and clear repcoduction. 2. Transfer of data to other pocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Worlc, 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 Ciry's nsual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of tl�e Ciry. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ou] 5ITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT U5ED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 311 CLOSEOUT ACTIVITIES [NOT USED] 312 PROTECTION (NOT USED] 313 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT US�D] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application �! CITY OF F02T WORTH Logm� Sgimre, Phase i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DGVGLOPER AWA2D8D PROJGCTS Cit�� R� ject No. l02097 Reviaed Apci1 7, 2014