Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 55941-PM1
PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, DRAINAGE, PAVING, AND STREET LIGHT IMPROVEMENTS TO SERVE NEWBERRY POINT PHASE 2 City Project No. 103045 FID No. 30114-0200431-103045-E07685 X-26765 W-2752 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Director William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2021 Kimley-Horn and Associates, Inc. 13455 Noel Road, Two Galleria Office Tower, Suite 700 Dallas, TX 75240 (972)-770-1300 Texas Registered Engineering Firm F-928 CSC No. 55941-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102680 Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 Division 00 - General Conditions 5 00 11 13 Invitation to Bidders 6 00 21 13 Instructions to Bidders 7 00 41 00 Bid Form 8 00 42 43 Proposal Form Unit Price 9 00 43 13 Bid Bond 10 00 45 11 Bidders Prequalification’s 11 00 45 12 Prequalification Statement 12 00 45 13 Bidder Prequalification Application 13 00 45 26 Contractor Compliance with Workers' Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 00 61 25 Certificate of Insurance - 17 00 62 13 Performance Bond 18 00 62 14 Payment Bond 19 00 62 19 Maintenance Bond 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 23 Projects 24 25 Division 01 - General Requirements 26 01 11 00 Summary of Work 27 01 25 00 Substitution Procedures 28 01 31 19 Preconstruction Meeting 29 01 31 20 Project Meetings 30 01 32 16 Construction Progress Schedule 31 01 32 33 Preconstruction Video 32 01 33 00 Submittals 33 01 35 13 Special Project Procedures 34 01 45 23 Testing and Inspection Services 35 01 50 00 Temporary Facilities and Controls 36 01 55 26 Street Use Permit and Modifications to Traffic Control 37 01 57 13 Storm Water Pollution Prevention Plan 38 01 58 13 Temporary Project Signage 39 01 60 00 Product Requirements 40 01 66 00 Product Storage and Handling Requirements 41 01 70 00 Mobilization and Remobilization 42 01 71 23 Construction Staking 43 01 74 23 Cleaning 44 01 77 19 Closeout Requirements 45 01 78 23 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 48 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102680 Revised September 1, 2015 Technical Specifications which have been modified by the Engineer specifically for this 1 Project; hard copies are included in the Project’s Contract Documents 2 3 NONE 4 5 Technical Specifications listed below are included for this Project by reference and can be 6 viewed/downloaded from the City’s Buzzsaw site at: 7 8 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-9 %20Construction%20Documents/Specifications 10 11 Division 02 - Existing Conditions 12 02 41 13 Selective Site Demolition 13 02 41 14 Utility Removal/Abandonment 14 02 41 15 Paving Removal 15 16 Division 03 - Concrete 17 03 30 00 Cast-In-Place Concrete 18 03 34 13 Controlled Low Strength Material (CLSM) 19 03 34 16 Concrete Base Material for Trench Repair 20 03 80 00 Modifications to Existing Concrete Structures 21 22 Division 26 - Electrical 23 26 05 00 Common Work Results for Electrical 24 26 05 10 Demolition for Electrical Systems 25 26 05 33 Raceway and Boxes for Electrical Systems 26 26 05 43 Underground Ducts and Raceways for Electrical Systems 27 28 Division 31 - Earthwork 29 31 10 00 Site Clearing 30 31 23 16 Unclassified Excavation 31 31 23 23 Borrow 32 31 24 00 Embankments 33 31 25 00 Erosion and Sediment Control 34 31 36 00 Gabions 35 31 37 00 Riprap 36 37 Division 32 - Exterior Improvements 38 32 01 17 Permanent Asphalt Paving Repair 39 32 01 18 Temporary Asphalt Paving Repair 40 32 01 29 Concrete Paving Repair 41 32 11 23 Flexible Base Courses 42 32 11 29 Lime Treated Base Courses 43 32 11 33 Cement Treated Base Courses 44 32 12 16 Asphalt Paving 45 32 12 73 Asphalt Paving Crack Sealants 46 32 13 13 Concrete Paving 47 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 48 32 13 73 Concrete Paving Joint Sealants 49 32 14 16 Brick Unit Paving 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102680 Revised September 1, 2015 32 16 13 Concrete Curb and Gutters and Valley Gutters 1 32 17 23 Pavement Markings 2 32 31 13 Chain Link Fences and Gates 3 32 31 26 Wire Fences and Gates 4 32 31 29 Wood Fences and Gates 5 32 32 13 Cast-in-Place Concrete Retaining Walls 6 32 91 19 Topsoil Placement and Finishing of Parkways 7 32 92 13 Hydro-Mulching, Seeding, and Sodding 8 32 93 43 Trees and Shrubs 9 10 Division 33 - Utilities 11 33 01 30 Sewer and Manhole Testing 12 33 01 31 Closed Circuit Television (CCTV) Inspection 13 33 03 10 Bypass Pumping of Existing Sewer Systems 14 33 04 10 Joint Bonding and Electrical Isolation 15 33 04 11 Corrosion Control Test Stations 16 33 04 12 Magnesium Anode Cathodic Protection System 17 33 04 30 Temporary Water Services 18 33 04 40 Cleaning and Acceptance Testing of Water Mains 19 33 05 10 Utility Trench Excavation, Embedment, and Backfill 20 33 05 12 Water Line Lowering 21 33 05 13 Frame, Cover and Grade Rings 22 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 23 33 05 16 Concrete Water Vaults 24 33 05 17 Concrete Collars 25 33 05 20 Auger Boring 26 33 05 21 Tunnel Liner Plate 27 33 05 22 Steel Casing Pipe 28 33 05 23 Hand Tunneling 29 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 30 33 05 26 Utility Markers/Locators 31 33 05 30 Exploratory Excavation for Existing Utilities 32 33 11 10 Ductile Iron Pipe 33 33 11 11 Ductile Iron Fittings 34 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 35 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 36 33 11 14 Buried Steel Pipe and Fittings 37 33 11 15 Pre-stressed Concrete Cylinder Pipe 38 33 12 10 Water Services 1-inch to 2-inch 39 33 12 11 Large Water Meters 40 33 12 20 Resilient Seated Gate Valve 41 33 12 21 AWWA Rubber-Seated Butterfly Valves 42 33 12 25 Connection to Existing Water Mains 43 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 44 33 12 40 Dry-Barrel Fire Hydrants 45 33 12 50 Water Sample Stations 46 33 12 60 Blow-off Valves 47 33 31 12 Cured in Place Pipe (CIPP) 48 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 49 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102680 Revised September 1, 2015 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 1 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 2 33 31 22 Sanitary Sewer Slip Lining 3 33 31 23 Sanitary Sewer Pipe Enlargement 4 33 31 50 Sanitary Sewer Service Connections and Service Line 5 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 6 33 39 10 Cast-in-Place Concrete Manholes 7 33 39 20 Precast Concrete Manholes 8 33 39 30 Fiberglass Manholes 9 33 39 40 Wastewater Access Chamber (WAC) 10 33 39 60 Epoxy Liners for Sanitary Sewer Structures 11 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12 33 41 11 HDPE Storm Sewer Pipe 13 33 46 00 Sub drainage 14 33 46 01 Slotted Storm Drains 15 33 46 02 Trench Drains 16 33 49 10 Cast-in-Place Manholes and Junction Boxes 17 33 49 20 Curb and Drop Inlets 18 33 49 40 Storm Drainage Headwalls and Wingwalls 19 20 Division 34 – Transportation 21 34 41 10 Traffic Signals 22 34 41 13 Removing Traffic Signals 23 34 41 20 Roadway Illumination Assemblies 24 34 41 30 Aluminum Signs 25 34 71 13 Traffic Control 26 27 28 Appendix 29 GC-4.01 Availability of Lands 30 GC-4.02 Subsurface and Physical Conditions – Geotechnical Report 31 GC-4.04 Underground Facilities 32 GC-4.06 Hazardous Environmental Condition at Site 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 GC-6.07 Wage Rates 35 GC-6.09 Permits and Utilities – TxDOT Permit 36 GC-6.24 Nondiscrimination 37 GR-01 60 00 Product Requirements 38 39 END OF SECTION 40 00 21 13 - 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1 DEVELOPER AWARDED CONTRACTS 2 FOR PRIVATELY BID PROJECTS ONLY 3 4 1. Defined Terms 5 6 1.1. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 7 meanings indicated below which are applicable to both the singular and plural thereof. 8 9 1.1.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 10 directly through a duly authorized representative, submitting a bid for performing 11 the work contemplated under the Contract Documents. 12 13 1.1.2. Successful Bidder: The lowest responsible and responsive Bidder to whom 14 Developer (on the basis of City's evaluation as hereinafter provided) makes an 15 award. 16 17 2. Copies of Bidding Documents 18 19 2.1. Neither Developer/City nor Engineer shall assume any responsibility for errors or 20 misinterpretations resulting from the Bidders use of incomplete sets of Bidding 21 Documents. 22 23 2.2. Developer and Engineer in making copies of Bidding Documents available do so only for 24 the purpose of obtaining Bids for the Work and do not authorize or confer a license or 25 grant for any other use. 26 27 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 28 29 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 30 requiring prequalification at the time of bidding. Bids received from contractors who are 31 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 32 requirement work types and documentation are as follows: 33 34 3.1.1. Paving – Requirements document located at; 35 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20-36 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving37 %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ38 UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 39 40 3.1.2. Roadway and Pedestrian Lighting – Requirements document located at; 41 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20-42 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving43 %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ44 UIREMENTS%20FOR%20PAVING%20CONTRACTORS.PDF?public 45 46 3.1.3. Water and Sanitary Sewer – Requirements document located at; 47 00 21 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20-1 %20Construction%20Documents/Contractor%20Prequalification/Water%20and%22 0Sanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre3 qual%20requirements.doc?public 4 5 6 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 7 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 8 45 11, BIDDERS PREQUALIFICATIONS. 9 10 3.2.1. Submission of and/or questions related to prequalification should be addressed to 11 the City contact as provided in Paragraph 6.1. 12 13 14 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low 15 bidder(s) for a project to submit such additional information as the City, in its sole 16 discretion may require, including but not limited to manpower and equipment records, 17 information about key personnel to be assigned to the project, and construction schedule, 18 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 19 deliver a quality product and successfully complete projects for the amount bid within 20 the stipulated time frame. Failure to submit the additional information, if requested, 21 may be grounds for rejecting the apparent low bidder as non-responsive. 22 23 3.4. In addition to prequalification, additional requirements for qualification may be required 24 within various sections of the Contract Documents. 25 26 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 27 28 4.1. Before submitting a Bid, each Bidder shall: 29 30 4.1.1. Examine and carefully study the Contract Documents and other related data 31 identified in the Bidding Documents (including "technical data" referred to in 32 Paragraph 4.2. below). No information given by Developer/City or any 33 representative of the Developer/City other than that contained in the Contract 34 Documents and officially promulgated addenda thereto, shall be binding upon the 35 Developer/City. 36 37 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 38 site conditions that may affect cost, progress, performance or furnishing of the 39 Work. 40 41 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 42 progress, performance or furnishing of the Work. 43 44 45 46 00 21 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 1 contiguous to the Site and all drawings of physical conditions relating to existing 2 surface or subsurface structures at the Site (except Underground Facilities) that 3 have been identified in the Contract Documents as containing reliable "technical 4 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 5 at the Site that have been identified in the Contract Documents as containing 6 reliable "technical data." 7 8 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 9 the information which the City will furnish. All additional information and data 10 which the City will supply after promulgation of the formal Contract Documents 11 shall be issued in the form of written addenda and shall become part of the Contract 12 Documents just as though such addenda were actually written into the original 13 Contract Documents. No information given by the City other than that contained in 14 the Contract Documents and officially promulgated addenda thereto, shall be 15 binding upon the City. 16 17 4.1.6. Perform independent research, investigations, tests, borings, and such other means 18 as may be necessary to gain a complete knowledge of the conditions which will be 19 encountered during the construction of the project. Bidder must fill all holes and 20 clean up and restore the site to its former conditions upon completion of such 21 explorations, investigations, tests and studies. 22 23 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 24 cost of doing the Work, time required for its completion, and obtain all information 25 required to make a proposal. Bidders shall rely exclusively and solely upon their 26 own estimates, investigation, research, tests, explorations, and other data which are 27 necessary for full and complete information upon which the proposal is to be based. 28 It is understood that the submission of a proposal is prima-facie evidence that the 29 Bidder has made the investigation, examinations and tests herein required. Claims 30 for additional compensation due to variations between conditions actually 31 encountered in construction and as indicated in the Contract Documents will not be 32 allowed. 33 34 4.1.8. Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or 35 between the Contract Documents and such other related documents. The Contractor 36 shall not take advantage of any gross error or omission in the Contract Documents, 37 and the Developer shall be permitted to make such corrections or interpretations as 38 may be deemed necessary for fulfillment of the intent of the Contract Documents. 39 40 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 41 42 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 43 the site which have been utilized by Developer in preparation of the Contract 44 Documents. The logs of Soil Borings, if any, on the plans are for general 45 information only. Neither the Developer nor the Engineer guarantee that the data 46 shown is representative of conditions which actually exist. 47 48 00 21 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 4.2.2. those drawings of physical conditions in or relating to existing surface and 1 subsurface structures (except Underground Facilities) which are at or contiguous to 2 the site that have been utilized by Developer in preparation of the Contract 3 Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Bidder is responsible for any interpretation or conclusion drawn from 7 any "technical data" or any other data, interpretations, opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given Developer written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by Developer are acceptable to Bidder, and when said 17 conflicts, etc., have not been resolved through the interpretations by Developer as 18 described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient 19 to indicate and convey understanding of all terms and conditions for performing and 20 furnishing the Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless 24 specifically identified in the Contract Documents. 25 26 5. Availability of Lands for Work, Etc. 27 28 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 29 access thereto and other lands designated for use by Contractor in performing the Work 30 are identified in the Contract Documents. All additional lands and access thereto 31 required for temporary construction facilities, construction equipment or storage of 32 materials and equipment to be incorporated in the Work are to be obtained and paid for 33 by Contractor. Easements for permanent structures or permanent changes in existing 34 facilities are to be obtained and paid for by Developer. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 00 21 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 6. Interpretations and Addenda 1 2 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 3 Developer’s representative. Interpretations or clarifications considered necessary by 4 Developer in response to such questions will be issued by Addenda delivered to all 5 parties recorded by Developer as having received the Bidding Documents. Only 6 questions answered by formal written Addenda will be binding Oral and other 7 interpretations or clarifications will be without legal effect 8 9 Address questions to: 10 11 12 Attn: Holly Williams, Kimley-Horn 13 Email: holly.williams@kimley-horn.com 14 Phone: 972-770-1760 15 16 Attn: Mitch Holmes, City of Fort Worth 17 Email: mitch.holmes@fortworthtexas.gov 18 Phone: 817-392-6826 19 20 21 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 Developer/City. 23 24 6.3. A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of Developer will be present to discuss 26 the Project. Bidders are encouraged to attend and participate in the conference. 27 Developer’s representative will transmit to all prospective Bidders of record such 28 Addenda as Developer considers necessary in response to questions arising at the 29 conference. Oral statements may not be relied upon and will not be binding or legally 30 effective. 31 32 7. Bid Security 33 7.1. Each Bid must be accompanied by Bid Bond made payable to Developer in an amount of 34 five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety 35 meeting the requirements as listed in the General Conditions. 36 37 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award, Developer may consider Bidder to 40 be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be 41 forfeited. Such forfeiture shall be Developer's exclusive remedy if Bidder defaults. The 42 Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of 43 receiving the award will be retained by Developer until final contract execution. 44 45 8. Contract Times 46 The number of days within which, or the dates by which, Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 51 00 21 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 9. Liquidated Damages 1 Provisions for liquidated damages are set forth in the Agreement. 2 3 10. Substitute and "Or-Equal" Items 4 The Contract, if awarded, will be on the basis of materials and equipment described in the 5 Bidding Documents without consideration of possible substitute or "or-equal" items. 6 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-7 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 8 City, application for such acceptance will not be considered by City until after the Effective 9 Date of the Agreement. The procedure for submission of any such application by Contractor 10 and consideration by City is set forth in Section 01 25 00 of the General Requirements. 11 12 13 14 15 16 17 18 11. Bid Form 19 20 21 11.1. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 24 price item listed therein. In the case of optional alternatives, the words "No Bid," 25 "No Change," or "Not Applicable" may be entered legibly, in ink or type, for which 26 the Bidder proposes to do the work contemplated or furnish materials required. 27 28 11.2. Bids by corporations shall be executed in the corporate name by the president or a 29 vice-president or other corporate officer accompanied by evidence of authority to 30 sign. The corporate seal shall be affixed. The corporate name, address and state of 31 incorporation shall be shown below the signature. 32 33 11.3. Bids by partnerships shall be executed in the partnership name and signed by a 34 partner, whose title must appear under the signature accompanied by evidence of 35 authority to sign. The official name and address of the partnership shall be shown 36 below the signature. 37 38 11.4. Bids by limited liability companies shall be executed in the name of the firm by a 39 member and accompanied by evidence of authority to sign. The name and state of 40 formation of the firm and the official address of the firm shall be shown. 41 42 11.5. Bids by individuals shall show the Bidder's name and official address. 43 44 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner 45 indicated on the Bid Form. The official address of the joint venture shall be shown. 46 47 11.7. All names shall be typed or printed in ink below the signature. 48 49 00 21 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 1 which shall be filled in on the Bid Form. 2 3 11.9. Postal and e-mail addresses and telephone number for communications regarding the 4 Bid shall be shown. 5 6 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of 7 Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 8 to State Law Non Resident Bidder. 9 10 12. Submission of Bids 11 Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the 12 Bidding Documents, at the time and place indicated in the Advertisement or INVITATION 13 TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an 14 opaque sealed envelope, marked with the City Project Number, Project title, the name and 15 address of Bidder, and accompanied by the Bid security, if required, and other required 16 documents. 17 18 13. Modification and Withdrawal of Bids 19 20 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for 21 withdrawal must be made in writing by an appropriate document duly executed in the 22 manner that a Bid must be executed and delivered to the place where Bids are to be 23 submitted at any time prior to the opening of Bids. After all Bids not requested for 24 withdrawal are opened and publicly read aloud, the Bids for which a withdrawal 25 request has been properly filed may, at the option of the Developer/City, be returned 26 unopened. 27 28 13.2 Bidders may modify their Bid by electronic communication at any time prior to the 29 time set for the closing of Bid receipt. 30 31 14. Opening of Bids 32 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 33 abstract of the amounts of the base Bids and major alternates (if any) will be made available 34 to Bidders after the opening of Bids. 35 36 15. Bids to Remain Subject to Acceptance 37 All Bids will remain subject to acceptance for the time period specified for Notice of Award 38 and execution and delivery of a complete Agreement by Successful Bidder. Developer/City 39 may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to 40 that date. 41 42 43 44 45 46 47 48 49 50 00 21 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 16. Evaluation of Bids and Award of Contract 1 2 16.1. Developer/City reserves the right to reject any or all Bids, including without 3 limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or 4 conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it 5 would not be in the best interest of the Project to make an award to that Bidder, 6 whether because the Bid is not responsive or the Bidder is unqualified or of doubtful 7 financial ability or fails to meet any other pertinent standard or criteria established by 8 City. Developer/City also reserves the right to waive informalities not involving 9 price, contract time or changes in the Work with the Successful Bidder. 10 Discrepancies between the multiplication of units of Work and unit prices will be 11 resolved in favor of the unit prices. Discrepancies between the indicated sum of any 12 column of figures and the correct sum thereof will be resolved in favor of the correct 13 sum. 14 15 16.1.1. Any or all bids will be rejected if Developer/City has reason to believe that 16 collusion exists among the Bidders, Bidder is an interested party to any litigation 17 against Developer/City, Developer/City or Bidder may have a claim against the 18 other or be engaged in litigation, Bidder is in arrears on any existing contract or 19 has defaulted on a previous contract, Bidder has performed a prior contract in an 20 unsatisfactory manner, or Bidder has uncompleted work which in the judgment 21 of the Developer/City will prevent or hinder the prompt completion of additional 22 work if awarded. 23 24 16.2. Developer/City may consider the qualifications and experience of Subcontractors, 25 Suppliers, and other persons and organizations proposed for those portions of the 26 Work as to which the identity of Subcontractors, Suppliers, and other persons and 27 organizations must be submitted as provided in the Contract Documents or upon the 28 request of the Developer/City. Developer/City also may consider the operating costs, 29 maintenance requirements, performance data and guarantees of major items of 30 materials and equipment proposed for incorporation in the Work when such data is 31 required to be submitted prior to the Notice of Award. 32 33 16.3. Developer/City may conduct such investigations as Developer/City deems necessary 34 to assist in the evaluation of any Bid and to establish the responsibility, 35 qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers 36 and other persons and organizations to perform and furnish the Work in accordance 37 with the Contract Documents to Developer’s/City's satisfaction within the prescribed 38 time. 39 40 41 42 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and 43 responsive Bidder whose evaluation by Developer/City indicates that the award will 44 be in the best interests of the Developer/City. 45 46 47 48 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. 49 50 00 21 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 103045 Revised April 4, 2014 17. Signing of Agreement 1 When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied 2 by the required number of unsigned counterparts of the Agreement. The Contractor shall sign 3 and deliver the required number of counterparts of the Agreement to Developer’s 4 representative with the required Bonds, Certificates of Insurance, and all other required 5 documentation. 6 7 8 9 END OF SECTION 10 BURNSCO CONSTRUCTION, INC. CONSTRUCTION DOCUMENTS 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: Pulte Homes of Texas, L.P. 9111 Cypress Waters Boulevard Suite 100 Coppell, Texas 75019 FOR: Newberry Point Phase 2 City Project No.: 103045 Units/Sections: Unit I Water, Unit II Sewer, and Unit III Drainage Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. N/A b. N/A c. N/A d. N/A 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 105 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit ooai o0 D.AP B[D FOR�i FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on by the entity nained below Respectfully sub 'tted, By: (Signature Albert Grantges (Printed Name) Title: Vice President Company: Burnsco Construction, Inc. Address: 6331 Southwest Blvd. Benbrook, Texas 76132 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 State of Incorporation: Texas Email: grantges@burnsco.net Phone: 817-738-3200 END OF SECTION CITY Of FORT WORTH STANDARD CONSTRUC�ION 81D fORM — DEVELOPER AWARDED PROJEC!'S 004100 Bid Form—DAP.docx Form Revised April 2, 2014 WATER, SANITARY SEWER, AND DRAINAGE IMPROVEMENTS BIDDER: BURNSCO CONSTRUCTION, INC. Contractor agrees to complete WORK for FINAL ACCEPTANCE within 105 working days after the date when the CONTRACT commences to run as provided in the General Conditions 00 d5 12 DAP PREQUALIFICATION STATEbfEN'L Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete majar work type and actual description as provided by the Water Departinent for water and sewer and TPW for pavinQ. Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Water New Development Burnsco Construction, Inc. 06/30/2022 Wastewater New Development Burnsco Construction, Inc. 06/30/2022 Storm Drain New Development Burnsco Construction, Inc. 06/30/2022 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified far the wark types listed. BIDDER: BY: Burnsco Construction, Inc. 6331 Southwest Blvd. Benbrook, Texas 76132 (Signature) TITLE: Vice President DATE: June 1, 2021 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJECTS 0045 12 (1�_Prequalification Statement.docx Form Version September 1, 2015 00 4> 26 - I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSAT[ON LAW Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103045. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Burnsco Construction, Inc. By: Company 6331 Southwest Blvd. Signature Address Benbrook, Texas 76132 Title: City/State/Zip THE STATE OF TEXAS COUNTY OFTARRANT � � Albert Grantges leas Pri t) Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Albert Grantges , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Burnsco Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �st day of June , 20 21 . � ��-� � CESILIA CANALE� `���/� �'�� �� i: �'"��-`� Notary i� a� 3i bs�996 Notary Public in and far the State of Texas -�`���" My Commission Expir��. '- ,., t� July 24, 2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Newberry Point, Phase 2 l03045 00 52 43 - I Developer Awarded Project Agreement Page 1 of4 SECTION 00 52 43 2 3 4 5 6 7 AGREEMENT THIS AGREEMENT, authorized on June 1, 2021 is made by and between the Developer, Pulte Homes of Texas, L.P., authorized to do business in Texas ("Developer"), and Burnsco Construction, Inc. , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 12 13 14 15 16 17 18 19 20 21 22 Contractor shall complete all Work as specified or indicated in the Contract Docuinents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Newberry Point, Phase 2 Citv Proiect #103045 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits far Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. Total working days for this contract are 105 working days. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 105 working days the date when 25 the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 26 Conditions of the Construction Contract for Developer Awarded Projects. 27 3.3 Liquidated damages 28 29 30 31 32 33 34 35 36 37 Contractor recognizes that time is of the essence of this Agreeinent and that Developer will suffer financial loss if the Wark is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer pollars ($500.00) for each day that expires after the time specified in Paragraph 32 for Final Acceptance until the City issues the Final Letter of Acceptance. C[TY OF FORT WORTH Newbeny Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS 103045 Revised June 16, 2016 00 52 43 - 2 Developer A���arded Project Agreement Page ? of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for perfonnance of the Work in accordance with the Contract 40 Documents an amount in current funds of one million, nine hundred iifty-nine thousand, eight 41 hundred sixty-seven and 10/100 Dollars ($1,959,867.10). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Fonn (DAP Version) 2) Prequalification Statement 3) State and Federal docuinents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, becoine an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMF.NTS— DEVELOPER AWARDED PROJECTS 10304.i Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the dama�es being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages bein� sought were caused, in whole or in part, by anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreeinent, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void ar 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. ll4 This Agreement, including all of the Contract Documents is perfonnable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court far the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCT[ON SPEC[F[CAT[ON DOCUMENTS— DEVELOPER AWARDED PROJECTS 103045 Revised June l6, 2016 Op5?=�3-� vevcloper Au �rded Praj�cl Agr�enient Pagc 4 oi 4 li7 ] l S 7.f Authority to Si�n. ]19 i20 l21 122 123 124 125 126 Conh•actor shall attac�� et-idence o#� at�tliority to sign Agreemenl, if other tkian duly authorized signatoty of tlte Contractor. IN WITI�'ESS WHEREO�', Developer �utl Contracto�- liave executed tliis Agreemetit in mu�tiple cou�tterparts. This Agreement is effecti�e as of thc last d�te sigtied by the Parties ('`Effective Da�e"), Co��tractor: Develo�?er: Burnsco Coraslruction, Inc. Pulte Hauies of Texas, L.P. ---.�-� B: B: . (Si�nature) (5ignature) Albert Grantges (P�7pEed Name) Title: Vice President Address: 6331 Soutl�west Blvd i / �il,�'l` (Pns�ted Naule) "1'itle: Autharized Address: 91 ] 1 C ress Waters Boulevard Suite 100 City/State/Zip: Benbrook, Texas 76132 Cit /State/Zi : Co ell, Texas 75019 June 1, 2021 D�te 127 �'///�/ Date � CIT1' OI� I�OkI 11'UIZI H :Veivberrr Poinr, YJrnse? STANI)ARD CC?NS"I RUC'I�ION SPFc: ]�ICATiON UU('UA1E\ 1 S— lJI'_Vl:i QPER r11VARUEI) i'R{)JEC �5 1(7.;lMi E2criscdJunc 16.3{i16 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 103045 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION 23 -• Liberty 1Vlutuale SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205467-022020 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casuaity Insurance Company is a corpora6on duly organized under the laws of ihe State o( Ne�v Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under ihe laws of the State of Massachusetts, and West American Insurance Company is a corporation duiy organized under the laws of the State of Indiana (herein collecqvely called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Dun E. Cornell; Joshua Saunders; Kelly A. Westbrook; hlikaala Peppers; Ricardo J. Revna; Robbi Morales; Sophinie liunter, Tina McE�van;'Conie Petranek all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney-in-tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recegnizances and other surety obligaCrons, in pursuance of these presents and shall be as binding upon ihe Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official o( the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of .April , 2021 . N � � c ca ' c`a State of PENNSYLVANIA i m County of MONTGOMERY sS Liberty Mutual Insurance Company P� 1NSU�,q P��Y INSv,Q� � 1NSU�, The Ohio Casualty Insurance Company �J GpRP�Rql 'y J �0.POIj� �9 Q` Q � r Fa m Q=� l�.a y�., �� 2o�aPORq>Fyc+ WestAmerican Insurance Company � 1912 " m ¢�• om n r s o 0 1919 � � 1991 � / // x �, {/��� Y�V1g'T4CHU`+� ,da� � ��HAMvs� ,dJ�o �s �NDIANP' ,aD� � /�91/��' "�%. /� * r� �'y1 * rN �M ,� 1.� BY � �' David M. Carey, Assistant Seaetary o� On this 23rd day of April , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance �� Company, The Ohio Casualty Canpany, and West American Insurance Company, and that he, as such, being authorized so to do, execute the Foregoing instrument for the purposes �_ therein contained by signing on behalf of the crorporations by himself as a duly authorized officer. a> �6 — 3 � �'� m o� dj O o� c� � � N � � � � C � � O (0 4- �. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on ihe day and year first above written. -�`%��" ;<'� Nr \'y Commonvrealh cf Pennsylvania • kolary S=al -'�•� y :.. 7eresa Paste�a, Notary PUDIic � ".��``�•�; !'S" �l NoNgomeryCouny � My commission ex ires �Aarch 28, 2�25 �,. � ,_f f` P gY: ,l.�E) /(/0��� Commissicn number 112fi0dd a� "`���'="�""�}r=�� % A?emEer,PennsylvaniaAsscciationotlJotanes eresaPastelha,NotaryPublie ._'�.:�-�:«,:._��:.,_: �' This Power of Attarney is made and executed pursuant to�and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resoiutions are now in full force and effect reading as foilows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. Any officer a other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limita6ons set forth in their respective powers of aftorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representa6ve or attorney-in-faCt under the provisions of this article may be revoked at any 6me by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts; Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wri6ng by the chairman or the president, and subject to such IimitaBons as the chairman or the president may prescribe, shatl appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attomey, shali have (ull power to bind the Company by fheir signature and execution of any such instruments and to aftach thereto the seal of the Company. When so executed such instrumenGs shall be as hinding as if signed by the president and attested by the secretary. Cenificate of Designation - The President of the Company, acting pursuant to the Bylaws of Ihe Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature oi any assistant secretary o( the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connec6on with surety bonds, shall be valid and bindng upon ihe Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualiy Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certi(y that the original power of attomey of which the foregoing is a full, irue and correct copy of t�e Power of Fttorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals o( said Companies this `ST day of �_� ,/�Da'. � 1NSUR �`)Pcoc`°°q,yr"9y � 2 �O C� Y;1912y o a Yd 9S'pACHUS�aD �%g/> * �[1 LPAS-128?3 LMIC OCIC WAIC Multi Co 022� This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and [o the extent herein stated. �S`! INSp � WSU,F yJPGoaPoaq?�9y VP`opPOqqr�j. yyy�%//7 U r �O m �_ �o CfC1 i�' V 0 1919 � � 1991 � �,(,�,,Q,t,r{.r,_ � �, o a o y��yl "*`S�aaa '�s�,� °*"��da3 By. Renee C. Liewellyn, Assistant Secretary I U i� r� ;� :� � >._ � � cu c � � O � Q O O� �t � N � O N 1 M � � 00 B� m— o f6 U _ �1�3C�'�' 1��$����,. ' SUR�TY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-fi•ee for infotTnation o►• to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Departinent of [rlsurance to obtain infonnation on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (1 ] 1-lA) P. O. Box 149091 Austin, TX 78714-909] FAX: (512) 490-1007 Web: http://�vww.tdi teras �, ov E-►naiL• ConsumerProtectionntdi texas �ov PREMIUM OR CLAfM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXA S AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al I-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Depa►-tamento de Seguros de Texas para obtener infonnacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Bo� 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://w��vw.tdi.texas � E-mail: ConsumerProtection(c�tdi texas gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclaino, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el depa►-tamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infolmacion y no se convierte en parte o condicion del documento adjunto. NP706809O1 LMS-15292 10/75 Bond �022230586 00 62 t 3- I PERPORMANCE[30ND Page I of2 1 2 3 4 5 6 7 8 q ]0 ll 12 13 14 IS 16 17 18 19 THE STATE OF TEXAS COUNTY OF TARRANT S�CTION 00 62 13 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we, Burnsco Construction Inc. , known as"Principal" herein and Liberty Mucual Insurance Company a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are heid and firmly bound unto the Developer, Pulte Homes of Texas L.P., authorized to do business in Texas ("Developer") and the City of Fort Worth, a TeYas m�micipal corporation ("City"), in the penal sum of one million, nine hundred fifty-nine thousand, eight hundred sixty-seven 10/100 Dollars (�1,959,867.10), la�vful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sever�ally, finnly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Wortll by and through a Community Facilities Agreement, CFA Number 20-0157; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the � gT day of_ JuY1,� , 20 �+�, which Contract is hereby referred to and made a 22 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Newberry Point, Phase 2. 25 NOW, THEREFORE, the condition ofthis obligation is such that ifthe said Principal 2G shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, ineluding Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 eYtension of the Contract that may be granted on the part of the Developer and/or City, then this 30 obligation shall be and become null and void, other�vise to remain in full force and effect. CITY OF FORT WORTH S"f.4T� Dt1 RD CITY CON D►TIU�I S— DE V F,LOPER r� WARUED PROJGCTS :VervGer�y Poi�rt, Phase 2 Rev ised lan uan� 3 I, 20 ] 2 / 03045 006213-2 PGRFORMANCEBOND Pagc 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas ar 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 ofthe 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the � ZT day of�� 9 , 20�. 10 11 12 13 ]4 IS 16 17 18 19 20 21 22 23 24 25 26 27 ?g 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 .ATTEST- (Principal) Secretary ���1; `� ' v / tness as to Principal C�. ,� .,\\ ,. ` \ , , , \� � \ � �.�:_ - �''� ,� Witness as to Surety � PRINCIPAL: Burnsco Construction Inc. � BY:`. ! Si nature John Bums, President Name and Title Address: 6331 Southwest Blvd. Benbrook, Texas 76132 SURETY: Liberty Mutual lnsurance Company 1 � BY: �__��C2�� %�a s Sibnature Sophinie Hunter, Attorney-In-Fact Name and Title Address: 2200 Renaissance Blvd. #400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 44 *Note: lf signed by an officer of the Surety Company, there must be on file a certified extract �5 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's ph_ysical address is different from its mailing address, both must be pcovided. 47 The date of the bond shal I not be prior to the date the Contract is a���arded. CITy OF FOKT R�ORTH STANDARD CITY' CONDI"f10NS — DEVF,LOPER A�VARDED PRO.IECTS �'�'e'�b��'�Y Noint, Nhnse 1 Rzviscd January 31, 2012 /030dS Bond #02223058( 00G214-I PAYMENT BONll Pagz I of2 � � , � 4 5 6 7 S 9 10 11 12 13 14 IS (6 17 18 19 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 PAYMENT BOND § § KNOW ALL BY THESE PRESENTS: § That we, Burnsco Construction Inc. kno�vn as "Principal" herein, and Liberty itilutual Insurance Company a corporate surety ( or sureties if more than one), duly authorized to do business in the State of TeYas, kno�vn as "Surety" her�in (whether one or more), are he(d and firmly bound unto the Developer, Pulte Homes of Te�as L P, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Teras ►nunici al cor oration Ci P P (" ty"), in the penal sum of one million, nine hundred fifty-nine thousand, eight hundred sixty-seven 10/100 Doltars (�1,959,867.10), lawful money of the United States, to be paid in Fort Worth; Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dtta) obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these prescnts: VVHEREAS, Developer and City have entered into a� Agreement for the construction of cotnmunity facilities in the City of Fo��t Worth, by and through a Community Facilities Agreement, CFA Number 20-0157; and Z� WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the �gf day of JI,�Vti� , 20 il� , which Contract is hereby 22 referred to and made a part hereof for all purposes as if fully set forth herein, to furnisli all 23 materials, equipment, fabor and other accessories as detuled by law, in the prosecution of the 24 Work as provided for in said Contract and designated as Northpointe, Phase 5. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGAT[ON is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Govemment Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 � 32 This bond is madz and executed in compl iance with the provisions of Chapter 2253 of the TeYas Government Code, as amended, and all liabilities on this bond shall be determined in accordance r��ith the provisions of said statute. CITY OF �ORT WOIZTH S"�ANDARD CI'TY CONDITIONS—DEVELOPEIt AWARDED PROJECTS ���Q1Ybe�'�Y Poinr, Phc�se 2 Revised January 31, 2012 ��j��� OOh214-2 PAYMF;NT QOVD Page 2 of 2 i IN WITNESS WHEREOF, the Principal and Surety have each S[GNED and SEALED 2 tl�is instrument by duly authorized agents and officers on this the � ST day of 3 � t�lh � , 2 ��_. 4 ATTEST: (Principal) Secretary � �'��i� Witness as to Principal PRINCIPAL: Burnsco Construction Inc. 1 ; i BY: � ,, i _ _ Signat�ire John Burns, Preside�t Name and Title Address: 6331 Southwest Blvd. Benbrook Texas 76132 S URE1`Y: Liberty Mutual Insurance Company l ATTEST: gl.: �_� � ��. �-�� Signa rt4t e .;�(,v � I i icGa4�i%,:--..— (Surety) Secretary Sophinie Hunter, Attorney-In-Fact Name and Title �. �', � ,,\ � )�'s��,c `tR �� �?. �. Witness as to Suretv 5 6 7 8 9 10 Address: 2200 Renaissance Blvd. #400 King of Prussia, Pt1 19406 Telephone Number: 214-9�9-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Sucery'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. � �ND OF SECTION ciTY oE r•oxT• wox-rEi ,'�'eivberry Pon�t, Phase 2 STANDARD CI"I'Y CONDlT10NS — DEVGLOPER AWARDED PROJECTS l03045 Revised January 31, 2012 Bond #022230586 006219-t MAIN"1 ENANCB BOND Page I of3 1 � 3 4 5 6 7 8 9 l0 ll 12 13 14 15 16 17 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PR�SENTS: COUNTY OF TARRANT § "[�hat we, Burnsco Construction Inc. , known as "Principal" herein and Liberty Murual Insurance Company a carporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as �`Surety" herein (whether one or more), are held and firmly bound unto the Developer, Pulte Homes of Texas, L.P., authorized to do business in Texas ("Developer") and the City of Fort Worth, a TeYas municipal corporation ("City"), in the sum of one million, nine hundred fifty-nine thousand, eight hundred sixty-seven 10/100 Dollars (�1,959,867.10), lawfu( money ofthe United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind aurselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CPA Number 20-0157; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the �sr day of_��yt� , 20�, which Contract is 23 hereby refen'ed to and a made part hereof for all purposes as if fully set forth lierein, to fumish all 24 materials, equipment labor and otl�er accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized ChanDe Order (col lectively herein, 26 the "Work") as provided for in said Contract and designated as Northpointe, Phase 5; and 27 ?8 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the VVork is and will 30 remain frce from defects in materials or workmanship for and during the period of t`��o (2) years 31 after the date of Final Acceptance of the Work by the City (`Maintenance Period"); and 32 CITY OF FORT ��ORTH rb'ex,heny Yoint, Phuse 2 STANDARp CITY CONDITIONS — DEVELOPER AWARDED PROJECTS In3na5 Reviscd.l�nuary 31 _ 2012 1 2 i 4 5 6 7 8 9 10 11 12 13 14 IS I6 17 18 19 20 21 22 23 006219-2 MAINTGNANCis BONb Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective �'ork, for which timely notice �vas provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Devzloper or City may cause any and all such defective Work to be repaired and; or reconstructed with all associated costs tl�ereof being bome by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF fOR7' V✓OR"CH STANDARD CCI�Y CONDI7IONS — DF,VELOPER A�h'f�RDED PROIECTS Revised January 31, 2012 Nzu�berry Poi�et, Phuse ? l030a5 006219-3 MAINTENiWCE I30ND Page 3 of 3 4 5 6 7 8 9 10 11 12 13 14 15 16 » �g 19 20 21 22 23 24 25 26 ?7 28 ?9 30 31 33 34 35 36 37 38 39 40 41 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and afFcers on this the � STday of��, 20 21. ATTES : (Principal) Secretary ��Prv� 1--�j Witness as to Principal ATTEST: PRINCIPAL: Burnsco Construction Inc. � / . , ' , BY: - �. ��' �: Sign�ature John $urns, President Name and 'I'itle Address: 6331 Southwest Blvd. Benbrook, Texas 76132 SliRETY: Liberty Mutual Insurance Company (. � / t , BY: ��f1,G3t,LG__��� Si�re Sophinie Hunter, Attorney-In-Facl Name and Title �-YL�•— 4� ��C�z�.C��--_ Address: 2200 Renaissance f31vd. #400 ,(Surety) Secrc�tarx Kmg of Prussia, PA 19406 \ � `.� '��, , � �'�� Witness as to�Suret,�� ' Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract fi�om 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 a�varded. Cll l'' OF FORT �b'OR'I H S"L4h'DARD CITY COVDITIONS — llE VELOPER A1�'ARDEU PROJECTS Revised January 31, 2012 Ne�vbeny Point, Phose 2 l 030-1� GILCO CONTRACTING, INC. CONTRACTING DOCUMENTS 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: Pulte Homes of Texas, L.P. 9111 Cypress Waters Boulevard Suite 100 Coppell, Texas 75019 FOR: Newberry Point Phase 2 City Project No.: 103045 Units/Sections: Unit IV Paving Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and i n accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. N/A b. N/A c. N/A d. N/A 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 50 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM – DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form – DAP.docx Form Revised April 2, 2014 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7.Bid Submittal This Bid is submitted on by the entity named below Respectfully submitted, By:_______________________________________ (Signature) Receipt is acknowledged of the following Addenda: Initial (Printed Name) Addendum No. 1 Addendum No. 2 Title: Addendum No. 3 Company: Gilco Contracting, Inc. Addendum No. 4 Address: 6331 Southwest Blvd. Benbrook, Texas 76132 State of Incorporation: Texas Email: Phone: END OF SECTION Leia McQuien Vice President, Operations SECTION 00 42 43 Developer Awarded Projects -PROPOSAL FORM UNIT PRICE BID NEWBERRY POINT, PHASE 2 00 42 43 DAP • BID PROPOSAL Pagelofl Bidder's Application Bidder's Proposal Bidlistltem Description Specification Section No. Unit of Bid Unit Price Bid Value No. Measure Quantity UNIT IV: PAVING IMPROVEMENTS 1 3213.0101 6"Conc Pvmt 32 13 13 SY 17,914 $37.15 $665,505.10 2 3211.0501 6" Lime Treatment 32 11 29 SY 19,055 $2.95 $56 212.25 3 3211.0400 Hydrated Lime@ 30# / SY 32 11 29 TON 290.0 $185.00 $53,650.00 --4 3213.0302 5' Cone Sidewalk 32 13 20 LF 617 $32.85 $20,268.45 4 Barrier Free Ramp, Type R-1 32 13 20 EA 8 $2,000.00 $16,000.00 5 3213.0504 Barrier Free Ramp, Type P-1 32 13 20 EA 10 . _ $2,000.00 $20,000.00 -· ·----·-·-· 6 9999.0012 Construct Concrete Header 00 00 00 LF 58 $12.00 $696.00 7 9999.0013 Install Type Ill End-of-Road Barricade 00 00 00 EA 2 $1 500.00 $3 000.00 8 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 11 $525.00 $5 775.00 9 Stop Signs 00 00 00 EA 10 $245.00 $2,450.00 10 Remove Barricade 00 00 00 EA 2 $1,000.00 $2,000.00 11 No OuUet Sign (W14-2) 00 00 00 EA 2 $245.00 $490.00 12 Top Soil 32 91 19 CY 37 $24.00 $888.00 13 Seeding, Hydromulch 32 92 13 SF 3,015 $0.10 $301.50 UNIT IV: PAVING IMPROVEMENTS $847,236.30 PAVING IMPROVEMENTS BIDDER: GILCO CONTRACTING, INC. Contractor agrees to complete WORK for FINAL ACCEPTANCE within 50 working day.; after the date when the CONTRACT commences to run as provided in the General Conditions CITY OF FORT WO RIB STANDARD CONSTRUCTION SPECIFlCATION DOCUMENTS • DEVELOPER A WARDED PROJECTS Fenn Version September I, 2015 END OF SECTION �a � TITLE: Vice President, Operations DATE: 6-9-21 00 42 43 (2)_Bid Prop:isal_ PAV NEWBERRY PH 2.xls SECTION 00 45 12 DAP-PREQUALIFICATION STATEMENT 00 45 12 DAP PREQUALIFICA TION STATEMENT Page I of! Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Maj or Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Pavement Construction Gilco Contracting, Inc. 11-30-2022 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Gilco Contracting, Inc. 6331 Southwest Blvd. Benbrook, Texas 76132 CITY OF FORT WORTH (Signature) TITLE: Vice President, Operations DATE: 6-9-21 END OF SECTION STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT-DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 45 12_Prequalification Statement.docx 00 45 26 - I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 1 SECTION 00 45 26 Page I of I 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 103045. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 13 14 15 16 17 18 19 20 21 Gilco Contracting, Inc. Company 6331 Southwest Blvd. Address By __ L_ei_ � _Mc_a_ui;_n_le-as_e _P-.n-t)--�-----"'-,,�- S,gnature: � � Benbrook, Texas 76132 Title: __ V_i _ce_P_r�es_id_e_n_t, _o_pe_r_at_io_n_s _____ _ 22 23 24 25 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT (Please Print) § § 26 BEFORE ME, the undersigned authority, on this day personally appeared 27: _ .: :J_eia_McQuien __ ... _ _____ _ , known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of Gilco Contracting, Inc. for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this _9____ day of --------' 20 . 32 33 34 35 36 37 CESILIA CANALES Notary ID 11131652996 My Commission Expires July 24, 2022 Notary Public in and for the State of Texas 38 39 40 ND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Newberry Point, Phase 2 103045 June 21 00 52 43 - I Developer Awarded Project Agreement 1 2 3 SECTION 00 52 43 AGREEMENT Page I of4 4 THIS AGREEMENT, authorized on _____ is made by and between the Developer, 5 Pulte Homes of Texas, L.P., authorized to do business in Texas ("Developer"), and Gilco 6 Contracting, Inc., authorized to do business in Texas, acting by and through its duly authorized 7 representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Newberry Point, Phase 2 17 CityProiect #103045 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. Total working days for this contract are 50 22 working days. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 50 working days the date when the 25 Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 26.Conditions of the Construction Contract for Developer Awarded Projects. 27 3.3 Liquidated damages 28 29 30 31 32 33 34 35 36 37 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AW ARD ED PROJECTS Revised June 16, 2016 Newberry Point, Phase 2 103045 June 9, 2021 005243-2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of eight hundred forty seven thousand two hundred thirty 41 six and 30/100 Dollars ($847,236.30). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH New6erry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103045 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is sqecifically intended to operate and be effective even if it is alleged or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, bv anv act, omission or negliEence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, bv anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are deiined in Article 1 of the Standard City Conditions of 100 the Construction Contract far Developer Awarded Projects. 101 72 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103045 Revised June 16, 2016 OOi243-4 �eveloper Ativarded Projecl Agreement P�ge4of4 l�� 118 7.6 Authority to Sign. 119 ]2Q �zi 122 123 124 125 12b Contractor shalf attach evidence of authority to sign Agreement, if other than duly authorized signaiory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have execuked this Agreernent in multiple counterparts. This Agreement is effecti�e as af the last date signed by the Parties ("EfFective Date"). Contractor: Developer: _ Gilco Contracting Ina Pulte Homes of Texas, L.P. � C �� B: B: � (Signature) (Ssgnatur�} Leia McQuien (Printed Name) Title: �ace President, Operatiorrs Address: b33 a Southwest Blvd. City/State/Zip: Benbrook, Texas 76132 S f�,�OZ / .. Date 127 . . / (Printed Name) Title: Authorized A ent Address: 9111 C ress Waters Boulevard Suite 100 Cit /State/Zi : Co ell, Texas 75019 _� n� Date C]TY O� FORT �'ORTH Neirberry 1'oinr. Phase 2 S'TA�fD.4Rb CON5TRUCi'ION SPECIFICATIO�` DOCUtvLEN'TS— DEVE�.OI'GR AW'ARDED NROJECrS ]03lWS Rcvised Junc 16, 2016 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 103045 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION 23 ' _� Libert� �Utualr. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind [he Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Onio Gasualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205467•022020 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporaGon duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a corporation duly organized untler the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby �ame, constitute and appoint, Don F. Cometl; Joshua Saunders; Kellv A. 4Vestbrook; Mikaela Peppers; Ricardo J. 1Zevna; Robbi Morales; Sophinie Hunter_ Tina McE�ran; Tonie Petranek all of Ihe city of Dallas state of TX each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and ali undertakings, bo�ds, recognizances and other surety obiiga6ons, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper perso�s. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or offcial of the Compaoies and the corporate seals of the Companies have been affixed thereto this 23rd day of Aprii , 2021 . � Qi N c m ca State of PENNSYLVANIA � County of MONTGOMERY S$ Liberty Mutuai Insurance Company P� lN5U,4q P�Sv iNs�� � SNSUqq The Ohio Casualty Insurance Company ��o°�PORqr�,�n �� [.�RP��4JF4?. �1P�ORP�R4T y� WestAmerican InsuranceCom an � om ��r3 o m � r Fam �� P Y 1912 � 1919 �' � j �"3 c/�yo ° Z mo Q 1991 0 /( /i ��/1 Yd J�9�9"�GHUS" dD y� ��H A M pSa� L� Y N DIA NP a3 i l��''.�;/� �/°!!� pj� * �'� �'�,1 ,t �,Na s�,M * ���d By� i - /` r,/- David DA. Carey, Assistant Secretary h � �O � � a- � V � �� On this 23rd day of Aprit , 202I before me personalty appeared David M. Carey, who acknowledged himseif to be the Assistant Sacretary of Liberty Mutual Insurance � a� � j Company, The Qhio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute Ihe foregoing instroment for fhe purposes =� therein contained by signing on behalf of the corporations by himself as a duly authorized o�cer. m(� m� _� � � 'v> o �' Qj O O � C �p �N (D � � L� �� ai `om �� IN WITNE55 WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above wri#ten. '�_,:-�-_ ,v `� r Commenwealth of Pennsylvania - Notar� Seal - Teresa Pasiella, Notary Public � Mtortgomery Cemry �` ' � � '"` My commissian expires tvtaxh 28, 2025 By. I Ll17�lf�(..i ��(��� Commission number 112SUM14 ��� �=� F 7eresa Pastella, Nota Public . Member, P¢�nsylvania Association of Notaries ry 7his Power of Attomey is made and executed pursuant torvand 6y authority of the following By-laws and Authorizations of The Ohio Casoalty Insurance Company, f.iberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effeet reading as follows: RRTICLE IU - OFFICERS: Section 12. Power of Attorney. My o�cer or other official of the Corporation authorized for that purpose in wrifing by the Chairman or ihe President, and subject to such limitafion as the Chairman or ihe President may p�esaibe, shail appoint such attomeys-in-fact, as may be necessary to act in hehalf of the Corporation to make, execute, seal, acknowiedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in fact, subject to the limitations sef forth in their respective powers of attorney, shali have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal af the CorporaGon. When so executed, such instruments shail be as binding as it signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of ihis arfiGe may be revoked at any 6me by the Board, the Chairman, the President or by the officer or officers granfing such power a authority. ARTICLE Xlll - Execution of Contracis: Section 5. Surefy Bonds and Undertakings. Any officer of the Company authorized for that purpose in wri6ng by the chairman or the presitlent, and subject to such Iimitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, exeate, seal, acknowiedge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to 6ind the Company by !heir signature and execution of a�y such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as ff signed 6y the president and attested by the secretary. CerUficate of Designation -The President of the Company, ac6ng pursuant to the 8ylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary t� act on behalf of the Company to make, execute, seal, acknowledge and delfver as surety any and alI undertakings, bonds, recognizances and other surety obligations. Authorizatio� - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistanl secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shali be valid and binding Upon the Company with the same force and effect as though manuaily affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mufual Insurance Canpany, and West American Insurance Company do hereby certify that the onginal power of attomey of which the foregoi�g is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of � {NSUR �,ZY INSG 1NS(/,4 �l �'GORPO�rFOyfi Q �c�Rp�R4F�9Z �Vq?�R��RqJc`yCi � 1912 � �' � m "' 2 o F � r� yo oy1919�o Q 1991 0 � Yd pSS4CHU`+�1 D3 ZO `�,y s�c y> y� By: �'8�7 *�aa �H 4Mp Nda �s� NDIANO'N,aa Renee G. Llewellyn, Assistant Secretary 1 � 1� �11 � � L�d5-12873 LMIC OC�G WAIC Multi Co 02/21 a� � Q O O� � � N oO 1 c'� � 0 0 a� m— a� F,.� �� ! �i�, r TEXAS IMP4RTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at I -877-751-2640 You may also write to: 2200 Renaissance Blvd.. Ste. 400 King of Prussia, PA 19406-2755 You ma}� contact the Texas Department of Insuratice to obtain infonnation on companies, coverages, righis or complaints at ] -800-252-3439 You may write the Texas Department of Insurance Cons«mer Protection (1 l l-1 A) P. O. Box 149091 Austin, TX 78714-9041 FAX: (512) 490-1007 Web: http:/!�vww.tdi.texas �ov E-maiL ConsumerProtection�tdi texas �ov PREMIUM OR CLAIM D[SPUTES: Should you have a dispute concerning your premium or aboiit a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLIC�': This notice is for informati�n only and does not become a part or condition of the attached docutnent. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-275� Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberttjras, derechos o quejas al 1-800-252-3439 Puede escribir a1 Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9d91 FAX # (S 12} 490-1007 Web: http://wtivw.tdi.texas �ov E-mail: ConsufnerProtection�a�tdi te�as �ov DISPUTAS SOBRE PRIMAS O RECL�AMOS: Si tiena una disputa cancerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve Ia disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 7U 68 09 O 1 LMS-'15292 10l15 0 ex utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 4Z OG O� EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed to: 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/20/20 at 12:07 a.m. standard time, forms a part of: Policy no. 0002048937 of Texas Mutual Insurance Company effective on 6/20/20 Issued to: GILCO CONTRACTING INC NCCI Carrier Code: 29939 This is not a bill PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 ��i/� Authorized representative si� �i2o WC420601 Gilco Contracting, Inc., Policy 46UEAQT1168 Effective 6/20/2020 , ,� , ;r►' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of 1 O 2011, The Hartford � ex� utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 4Z OC O� EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 2. Notice will be mailed to: 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The foliowing "attaching clause" need be compieted only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/20/20 at 12:01 a.m. standard time, forms a part of: Policy no. 0002048937 of Texas Mutual Insurance Company effective on 6/20/20 Issued to: GILCO CONTRACTING INC NCCI Carrier Code: 29939 This is not a bill PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 �� �i�� Authorized representative 6/17/20 WC420601 Gilco Contracting, Inc., Policy 46UEAQT1168 Effective 6/20/2020 . �.., ;w►' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of 1 O 2011, The Hartford Bond #022230582 006213-1 PERFORMANCE BOND SECTION 00 6213 PERFORMANCE BOND Page I of2 I 2 3 4 5 6 THE ST ATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: 7 That we, ____ G-=-.ccil=c=o...,C°"'o'"'"n'""'"tr'--"a=c=ti=n0g,_, I'--'-n=c-'-. ___ _,_, known as "Principal" herein and s Liberty Mutual Insurance Company a corporate surety(sureties, if more than one) duly authorized to 9 do business in the State of Texas, known as "Surety" herein (whether one or more), are held and 10 firmly bound unto the Developer, Pulte Homes of Texas. L.P .. authorized to do business in Texas 11 ("Developer") and the City ofFort Worth, a Texas municipal corporation ("City"), in the penal 12 sum of eight hundred forty-seven thousand, two hundred thirty-six 30/100 Dollars 13 ($847,236.30), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 15 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities 19 Agreement, CFA Number 20-0157; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 21 the __ day of _______ , 20 ___, which Contract is hereby refen-ed to and made a 22 part hereof for al I purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Newberry Point, Phase 2. 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the Developer and/or City, then this 30 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY Of fORT WORTH STANDARD CITY CONDITIONS- DEVELOPER A WARDED PROJECTS Revised January 31, 2012 Newberry Point, Phase 2 103045 9 June 21 00 62 13 -2 PERFORMANCE BOND Page 2 of2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 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 this instrument by duly authorized agents and officers on this the _______ day of ___ _ __ _.,20 __ � � 1-D Witness as to Principal Signature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd. Benbrook, Texas 76 I 32 SURETY: Liberty Mutual Insurance Company Sophinie Hunter, Attorney-In-Fact Name and Title 36 !:\�� 40 Witness as to Surety Address; 2222 Renaissance Blvd, Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 41 42 43 44 45 46 47 *Note:If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Newberry Point, Phase 2 /03045 STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised Januaiy 31, 2012 9 June 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 31 32 SECTION 00 62 14 PAYMENT BOND Bond #022230582 006214-1 PAYMENT BOND Page I of2 THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, -�G�i_lc_o_C�o�nt�r�ac�t�in_g.,_.,�I�n�c•� ___ known as "Principal" herein, and Liberty Mutual Insurance Company., a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Pulte Homes of Texas, L.P., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of eight hundred forty-seven thousand, two hundred thirty-six 30/100 Dollars ($847,236.30), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 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 20-0157; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the ____ day of __________ , 20 _, which Contract is hereby referred to and made a part hereof for all 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 as provided for in said Contract and designated as Northpointe, Phase 5. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER A WARDED PROJECTS Revised January 31, 2012 Newberry Point, Phase 2 103045 9 June 21 00 62 14 - 2 PAYMENT BOND Page 2 of2 2 3 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the____ day of _________ ,20 __ . 4 PRINCIPAL: ATTEST: Leia McQuien, Vice President, Operations Name and Title Witness as to Principal ATTEST: (Surety) Secretary Address: 6331 Southwest Blvd. Benbrook Texas 76132 SURETY: Liberty Mutual Insurance Company BY: � � Signa7e Sophinie Hunter, Attorney-In-Fact Name and Title Address: 2222 Renaissance Blvd, Suite 400 King of Prnssia, PA 19406 Telephone Number: 214-989-0000 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION CITY OF FORT WORTH STANDARD CITY COND!TlONS -DEVELOPER A WARDED PROJECTS Revised January 31, 2012 Newbeny Point, Phase 2 103045 9 June 21 Bond #022230582 00 62 19- 1 MAINTENANCE BOND 2 3 SECTION 00 62 19 MAINTENANCE BOND Page I of3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, ---�G�il�c�o�C�o�n�t�ra�c�ti=n=g�. =In�c'--'-·------' known as "Princ ipal" herein and 8 Liberty Mutual Insurance Company a corporate surety (sureties, if more than one) duly authorized 9 to do business in the State of Texas, known as "Surety" herein (whether one or more), are held 10 and firmly bound unto the Developer, Pulte Homes of Texas, L.P., authorized to do business in 11 Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the 12 sum of eight hundred forty-seven thousand, two hundred thirty-six 30/100 Dollars 13 ($847,236.30), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for payment of which sum well and truly be made joi ntly unto the Developer and the City 15 as dual obligees and their successors, we bind ourselves, our heirs, exec utors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, Developer and City have entered into an Agreement for the constructi on of 19 c ommunity facilities in the City of F o rt Worth by and through a Community Facilities 20 Agreement, CFA Number 20-0157; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer 22 awarded the __ . day of ______________ , 20 __ , which Contract is 23 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 26 the "Work") as provided for in said Contract and designated as Northpointe, Phase 5; and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans, specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two (2) years 31 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 32 CITY OF FORT WORTH STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Newberry Point, Phase 2 /03045 9 June 21 OU6219-2 hLA[�T'E�IAh�CE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in rvhole or in pail 2 upon receiving notice from the Developer and/or City of the need thereof at any time within th� 3 141aintenance Period. 4 5 NOW THEREFORE, the eondition ofthis obligation is such that if Principal sl�all 6 remedy any defective Work, for which timely notice was pravided by Developer or City, to a 7 completion satisfactory to tlle City, then this obligation shall become null and void; othen��ise to 8 remain in full force and eflect. 9 10 PROVIDED, HOWEVER, if Principal shal( fail so to repair or reconstruct any� timely t 1 noticed defective Work; it is agreed that the Developer or City may cause any and al( such 12 defective Work to be repaired and/or reconstructed ��ith all associated costs thereof being borne 13 by the Principai and the Surety under this Maintenance Bond; and 14 IS PROVIDEll FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Te�as oi• the United States District Court for the NorChern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation sha(I be continuous in natiire and 20 successive recoveries may be had hereon for successive breacl�es. 21 ?� 23 �ITY OF FOKT �,t%ORTH :VewberrY Point, Phase 2 S'CANBARD CITYCONDITIONS—DI�V6LOPER AWARDGD NROJECTS 101095 Rzviscd ,Tanuan 31, 2012 00 62 19-3 MAINTENANCE BOND Page 3 of3 2 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the __ day of __ _, 20 __ . 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 ATTEST: �Ckl:P'J Witness as to Principal 28 ATTEST: 29 30 ,j� Mdwcvi-- �; �Surety) se,tzry �. 33 �1��34 Witness as to Surety Signature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd Benbrook, Texas 76132 SURETY: Liberty Mutual Insurance Company BY �� --1-/iu,tu) Sinature Sophinie Hunter, Attorney-In-Fact Name and Title Address: 2222 Renaissance Blvd, Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 35 36 37 38 39 40 *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. 41 The date of the bond shal I not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDlTIONS-DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Newberry Point, Phase 2 103045 9 June 21 INDEPENDENT UTILITY CONSTRUCTION, INC. CONTRACTING DOCUMENTS 0o a i o0 D.AP BID FOIL�I FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: Pulte Homes of Texas, L.P. 9111 Cypress Waters Boulevard Suite 100 Coppell, Texas 75019 FOR: Newberry Point Phase 2 City Project 103045 No.: Units/Sections: Unit V Street Light Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing far the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM —DEVELOPER AWARDED PROJECTS 0041 00 Bid form—DAP.docx Form Revised April 2, 2014 0o a i o0 DAP BID FORi�I FOR PUBLICLY BID PROJECTS ONI.Y Pa�e 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two ar more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice° means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. N/A b. N/A c. N/A d. N/A 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 30 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 £ Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CIN OF FORT WORTH STANDARD CONSTRUCTION BID fORM — DEVELOPER AWARDED PROJECTS 00 41 00 8id Form — DAP.docx Form Revised April 2, 2014 00 � i o0 DAP BID FOR�f FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on 05/11/2021 by the entity named below Respectfully su � e By: � (Signatu Richard Wolfe (Printed Name) Title: President Company: Independent Utility Construction, Inc. Address: 5109 Sun Valley Drive, Fort Worth, Texas 76ll9 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 State of Incorporation: Texas Email: estimating@iuctx.com Phone: 817-478-4444 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 STREET LIGHTING IMPROVEMENTS BIDDER: INDEPENDENT UTILITY CONSTRUCTION, INC.Contractor agrees to complete WORK for FINAL ACCEPTANCE within 30 working days after thedate when the CONTRACT commences to run as provided in the General Conditions 00 d5 12 DAP PKEQUALIFICAT[ON STA'CEMENT Pa�e 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work TYpe" box provide the complete major work tYpe and actual description as provided by the Water D�e artment for water and sewer and TPW for pavin� Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Street Light Construction Independent Utility Construction 03/01/2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction S 109 Sub Valley Drive Fort Worth, Texas 76119 BY: Rich oife � TITLE: President DATE: 06-09-2021 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIfICATION STATEMENT —DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 (Signature) 0045 12 (3)_Prequalification Statement.docx 00 45 26 - 1 CONTRACTOR CONIPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 �5 36 37 38 39 40 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103045. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Independent Utility Construction. Inc. By: Richard Wolfe Company lease Print) 5109 Sun Valley Drive _ Signature: G Address Fort Worth, TX 76119 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT � r� BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utility Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. �� GIVF�NDER MY HAND AND SEAL OF OFFICE tl3is ,, day of / � �i V� ;'� , 20 -� � ' I / .. � � . ,_ , '� � . � � `������''� CHRISTINA GARCIA ��� pY PG / � � 4P,..., g � ?i;�:�:Notary Public, State of Texas � �'"�� +r� Comm, Expires 12-20-2024 '�rF oF'�`6.�• �n,,,,��� Notary ID 130940785 OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Revised April 2, 2014 � ���� ��C��- in and for the State of Texas Netirberry Point, Phase 2 103045 0o s2 a� - � Developer Awarded Project Agreement Page 1 of 4 2 3 4 5 6 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 06/09/2021 is made by and between the Developer, Pulte Homes of Texas, L.P., authorized to do business in Texas ("Developer"), and Independent Utility Construction, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 12 13 14 15 16 17 18 19 20 21 22 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Newber Point Phase 2 Citv Proiect #103045 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. Total working days for this contract are 30 working days. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 30 working days the date when the 25 Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 26 Conditions of the Construction Contract for Developer Awarded Projects. 27 3.3 Liquidated damages 28 29 30 31 32 33 34 35 36 37 Contractar recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer pollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Netivberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103045 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor far performance of the Work in accordance with the Contract 40 Documents an amount in current funds of one hundred ten thousand ninety eight and 57/100 41 Dollars ($110,098.57). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Neivberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 10304� Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification nrovision is snecificallv intended to operate a_nd be effective even if it is alle�ed or nroven that all or some of the damaEes being sought were caused, in whole or in part, bv anv act, omission or ne�ligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in nart, bv anv act, omission or ne�liEence of the citv. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract far Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and ll2 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Netivberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103045 Revised June 16, 2016 00�2�13-� Devetoper A�vardzd Project A�rccmem 1'age -� of � ll7 i 18 7.6 Authority to Si�n. 119 Contractor sha[i attach evidence of authority to sigsi Agreeme�lt, if other than duly 126 authorized signatory of the Contractor. l2l 122 1N W]TN�SS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 124 125 12b counterparts. This Agreenzent is effective as of the !ast date sig:led by the Parties ("Effective Date"}. Contractor: Inde.�endent Utilitv Construction, Inc. B : � {Si re} t" �1 (Printed Name) `Fitle: President Address: SI09 Su�l Vallev Drive City/State/Zip: Fort Wortl�, Texas 761 19 �`� - ��2( Date 127 `r��1111f1i1i1I/r��' ���� �p�1STR(I�T �•,� `� `,`y ��...... ,�. ��y''. : � ; o�.P �Rq�,� � : . — �-: c.� �' : � = =z; SEpI.. .�- r,�. .-�_ �ys ��� o`y'o-'' ,..rg7g.�'�,`�: �i� `�pN . . «•• O �,,• 'f���� �1r�t�EXPs,��.��. Developer: Pulte Homes of Texas L.P. B : (SigrtattEre) i i� � � � � (Printed Name) Title: Authorized Agent _Address: 9111 Cypress Waters Boulevard Suite 100 CiE /5tate/Zi : Co ell, Texas 75019 ��� Date CITY OF PORT WORTI l 1'eirbern� Poiilr, PLase ? S'l A � F lJA RU CC)� S fRU CT10N SP�C[ F]CATION DOCUM� �!'fS — DE V GLOPGK A1i'ARf)F.D PRQ7ECTS 1030l5 Revised June l6. 2016 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 CITY OF FORT WORTH Newberry Point, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 103045 Revised July 1, 2011 SECTION 00 61 25 1 CERTIFICATE OF INSURANCE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION 23 IMPORTANT NOTICE To obtain information or make a complaint You may caii Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.sfate.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja ai: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. v����CT JVYCt[�.CUCJ NIVY I�KCV�l1UJ f�UWCK bCtlt(IIVV il11J JNIVIC POWER #YAND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON O(2 P[RSONS NAM[D BELOW. Generai Power of Attorney CERTIFIED COPY Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ot�io Know AI! Men by These Presents, That WESTFIELD INSUR�NCE COMPANY, WESTFIELD NATIONl�L INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under tlie laws of the State of Ohio; and having its pri�iicipal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, EIIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Atforney(s)-in-Fact, with fuli power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and ali bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONOS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratffying and confirming all that the said Attorney(s}-in-f=act may do in the.premises. Said appointment is made under and by authonYy of the following resolution adopted by the Board of Direr.tors of each of the WESTFIELD INSURANC[ COMP/1NY, WES-I-FIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "De !t Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested wiYh full power and authority to appoint any one or more suitable persons as nttorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the foliowing provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obiigatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so exer,uted by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate reiating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shali be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). ln Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIQ FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seais to be hereto affixed thfs 20th day of APRI� A.D., 2011 . Corporate r�.•a�����ra,,, ` Affixed � �v ���• wY � �C. ��, ��� ��,o :� _ �� v �yr �.ti. � �,.:�.�, State of Ohio ""'""'�� County of Medina ss.: ,••'�.�1(�NA(�/ ', `uoaP' .�l;S�.�: � SE1�L �z' :v'- ;-o: :�' ..k . POWER NO. 4220452 06 Westfield Insurance Co. s:, 1848 : ♦ "_o'.'' � • WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY ONIO FARMERS INSURANCE COMPANY �� ` . By: Richard L. Kinnaird, Jr., Nationa! Surety Leader and Senior Executive On this 20th day of APRIL A.D., 2011 before me personally came Richard L. Kinnaird, Jr. to me k�own, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIEID NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. N ota ri a l �,,.,,,�.,,,,,N Seal ••�'�a\ A � ':., • • Affixed ,�P.•�";��-.`S ' p: '���. �� 9 �: z•= � =`� r State of ohio ; N ,� �rr�o William J. Katielin, A rney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Meylina ss.: • �' �'�,r�; ��� Of �, I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFI[�D NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in fult force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whe�eof, I have hereunto set my hand and affixed the seals of said Comeani�s al Wesifield Center, Otiio, this day of n n " rr•\��sYfi�t,p�; : s �v � ��( �••t� � ? N. ��.F'� t: v �1.,7 , �•ti, � „�f �'�i '` Q;P-��()NA(_�NSl.�, = w� /�i `z`: '�� S�C1L� :m= =t-: =m: • - : .�� •. :: � : 77 . ._k, -- � �`� � 3 11ARTERE.p' � 3 � /y� � : � : / 1 l�.+..f...p Scrnerary 1848 :?_ rank A. ! _ F Carrinc, Secreia: y .... •� _ BPOAC2 (combined) (06-02) 00 (� I l i- I PERI l)Ri�IA�CI-: 13ONf ) P.�ac I uf2 Boncl No. 12�183P � � ; d 5 6 7 8 c� 10 Il l2 13 14 (> 16 S�CTION 00 62 13 PLRFORMANCE BOND TH� S'CATE OF TEXAS § § KNOW ALL I3Y �rxrsr rars�N�rs: COiJNTY OF TARRANT § That we, Independent Utility Constructian Inc. , kno�vn as `'Principal" herein and Westfield lnstn�ance Company , a corporate siu•ety(sureties, iF�ziore than one) duly authorized to do business in the State of TeYas, kno�vn as "Stieety" herein (whether one or more), are held and tirmly bound unto the Developer, Pttite (-Iomes of Texas, L.P., authoriced to do business in "I'exas ("Developer") and the City of Fort Worth, a TeYas municipal co�•poration ("City"), in the penal stnn of; One Hundred Ten Thousand, Ninetv-Ei�ht Dollars & Fift. -Seven Cents ($l 10,098.57) la�vful money of the United States, to be paid in Fort Worth, "t'arrant County, Te�as (or the payment of which sum well and truly to be made, jointly unto the Developer anci the City as dual obliges, we bind ourselves, our heirs, executors, aclministrators, successors anci assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of t 8 comm�u�ity facilities in the City of Fort Worth by and through a Community Facilities ngc•eement, 19 CFn Number 20-0157 ; and 20 WHEREAS, the Principal has entei•ed into a certain written contract �vith the Developer 2 f awarded the �day of �1,� r� , 2Q�, which Contract is hereby referred to anci 22 rnade a part hereof for all put•poses as if fii(ly set forth he�•ein, to fucnish all materials, equipment 23 labor and other accesso�-ies defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided f'or in said Contract desigt�ated as Street Li 71�ting [mprovements to serve 25 Ne�vberry I'oint, Phase 2. �� �� 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal sh�ll faithfiilly perform it obligations under the Contract and shall in all i•espects duly and faithfully perform the Work, including Change Orders, under the Contcact, according to the plans, 29 specifications, and cont��act documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and ef'fect. C'I'l�Y OP P'ORT WOR"fH Nc�vbcrry YoinC, Phase 2 S"1'ANDARD CI'I'Y CONDI"fIONS — DGVEI.OP[?R AWARDED PRO.IF'CTS City Pr�jecl No. 103O45 Revised .lanua�y 31, 2012 Q061 li _ � NIiILI�OR��(ANCE ROVD P����c ? a l� 7 Bond No. I 2�E l�> P I I'ROVIDED .FURT�iER, that i�f any legal action be filed on this Bond, venue shalf lie in ? Tarrant County, Te�as or the United States District Court for the Nortl�ern District of "fe�as, Fort 3 bVorth Division. 4 "I'his bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amendecl, and al( liabi(ities on this bond shall be determined in C lccordance with the provisions of said statue. 7 IN WI'CNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 3 instr�uz�ent by duly authorized agents and officers on this the ���lay of , �i'�-F- _, 20�� 9 10 Il 12 (3 14 IJ 1G 17 18 l9 ZO 2� �Z 23 24 25 26 27 �g 29 30 31 32 33 34 35 3C 37 38 r� ATTE T ;' � � ( rinci al) ' retary '� � ���-. �� �,� Q � �,�r Witness as to Principll c� �� � r�.�� � Witness s to Surety Elizabeth Gra / PR[NCIPnL: INDEPF•,NDE� T U`I'IL1TY CONSTRU '[ N, INC. BY: ign •e Richard Wo(fe, President Name aiid Title Address: 5109 Sun Valley Drive Fort Worth. Texas 761 19 SURGTY: WESTF[ELD INSURANCE CONiPANY --�� � �.� BY: — � ignature Kvle Vv'. Sweeney, nttorney-in-Fact Name and Tide Address: 55� Repub(ic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-� 16-2600 39 40 'kNote: If signed by an officer of the Sul•ety Company, there must be on file a certified e�tract 41 from the by-laws showing that this person has authority to sign such obligation. lf �2 Surety's physical address is ditferent From its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. C11'Y Of� PORT WORTFI Newbcrry Point. Phasc 2 SCi1ND�\RD CI"�Y CONDI"fIONS — DF:VELOPC-R AWARDGD PROJEC�`S Cit�� Prqjcct No 1030�t� Revised January 31., 2O12 nlll,I 14- I Pr\l'VIIiN f E30ND Paec I of 2 Boncl No. 124183P l � 3 � 5 6 THE STAT� OF T�XAS COLJNTY OF TAI2RANT SECTION 00 62 14 P/1.YME;NT BOND § § KNOW ALL BY 'CH�S� PRrSENTS: § 7 "Chat we, Independent Uti(itv Construction Inc. , known as '`Principal" herein, 8 and Westfield [nsurance Companv , a corporate surety (or sureties if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (tivhether one 10 or more), are held and firmly bound unto the Developee Pulte Homes of "['exas. L.P., authorized I I to do business in Texas ("Deve(oper"), and the City of Fort Worth, a Teras municipal corporation 12 (`City"), in the penal sum of One Hundred Ten "Thousand Ninety-E;i�;ht Doli��rs & Fift. -Seven 13 Cents ($1 10.098.57) (awful money ofthe United States, to be paid in E'ort Worth, Tarrant County, 14 Texas, for the payment of whicl� sum well and h�uly be made jointly unto the Developer and City 15 16 17 l8 19 as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Deve(oper and City have entered into an Agreement for the construction of coil�munity facilities in the City of Fort Wo�rth, by and through a Comtnunity Facilities Agreement, CFA Number 20-0157 ; and 20 WHEREAS, Principa) has entered into a ce��tain written Contract with Developer, 21 a�varded the ��day of ��1: �'��- _, 20�, which Contract is hereby refierred to and 22 made a part l�ereof for all piu•poses as if fully set forth herein, to fiurnish all matet�ials, equipment, 23 labor and other accesso►•ies as defned by law, in the pi•osecution of the Work as provic(ed for in 24 said Contract and designated as Street Li�htin� Improvements to serve Newberry Point Phase � 25 NOW, THEREFORE, THF. COND1T10N OF T�i[S OBLIGATION is such that if ?6 Principal shall pay all monies owing to any (and all) payment bond benefciary (as detined in 27 Chapter 2253 of the Te�cas Government Code, as amended) in the prosecution of'the Work under 28 the Contract, then this ob(igation sha(I be and become null anci void; otherwise to remain in full 29 30 31 foi•ce and etfect. CI"['Y OP POR'[' WOR�'11 Ncwbercv Point. Phasc 2 S"CANDAIZD CI"l'Y CUNDI'fIONS — llL=V[J_OPfiR AWARDED YROJI:�C'I�S Cih� Project No. 10:304� Revised.lanunry 31.2012 OU61 Id-? PAY�4E�l'l3OND Pa sc ? o I 2 Bond No. 124183P 2 3 4 5 6 7 8 9 10 11 12 13 This boncl is n��ade and e�ecuted in compliance �vith the provisions of Cl�apter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accc�rdance with the provisions of said stat�ite. IN WI'CNESS WHrR�OF, the Principal and Surety have each SIGNED a��d SF,ALED this instrument by duly authorized agents and aPl�icers on this the �" day of ��'Y��'�_ , 2Q�� AT"1,EST� ' `� / / (Principal) 'ecretary / ��� ' -� G�. � ��L�`�, V T�;, � itness as to P►•incipal A'CTEST: ��l � / A � , �jw-"'4�( �l �n�a_...q (Sucety) Secretary Frank A. C�rrino ��' � '�'��� .�� � Witness` s to Surety Cfizabeth Gray PR[NCIPAL: INDLPI?NDF, 'T UT[LITY CONS`1'R 'I' N INC. BY: � Signature Richacd Wolfe, President Name and Title Address: 5109 Sun Valle_ Drive Fort Wot•th, TeYas 76 f l 9 SURETY: WF.,STFIELD INSURANCE COMPANY BY: Si ature Kyle W. Sweeney, Attornev-in-Fact Natne and Title Addi•ess: 555 Republic Drive, Suite 450 Plano, Texas 75074 'T'elephone Numbec: 972-516-2600 Note: If signed by an officer of the Surety, there must be on file a certified eYtract (�rom the bylaws showing that this person has authority to sign such obligation. [f Surety's physical adclress is diFferent fi�om its mailing address, both must be provided. "I'he date of the boncl shal I not be prior to the date the Contract is awarded. END OF SECTION crry or ro2�r woa�rri S"I'ANl)nRD CI"fY CONDITIONS — DFiVGLOPGR AWA2UFD PROJECTS Rcvised .I�munry 3 I. 2U 12 Ne���benv PoinL Phase 2 CiIY Project No- 10304� U(I fi7 I�) - I ��ti11�I"I�FiJt\NCfi 130ND Page I ol 3 Bond No. 12�4183P � � 3 4 5 6 7 THE STATE OF T�YAS COUNTY OI' TARRANT S�CTION 00 (2 19 MAINTENf1NCE [�OND § § KNOW ALL BY 'CFIES� PR�S�NTS: § 8 'Chat we Independent Utilitv Constr�iction Inc , know�l as `'Principal" herein ancl 9 Westfielii Insurance Compan�, a corpocate surety (sureties, if more than onej duly 10 authorized to da business iil the State of TeYas, known as "Surety" flereiil (�vhetl�ei• one or more), 11 ace held and firmly bound unto the Developer, Pulte Homes oF"I'etas, L.P.. authorized to do 12 business in TcYas ("Developer") and the City of Fort Worth, a TeYas municipal corporation 13 ("City"), in the sum of One Hundred Ten 'Chousand Ninety-Light Uollars & Pifty-Seven Cents I a ($1 ( 0,098.57) (a�vful money of the United States, to be paid in Fort Worth, Tarcant County, IS Texas, for payment ofwhich sum wel( and truly be made jointly �u�to the Developer and the City 16 as dua] obligees and their successoi•s, we bind ouc•selves, otu• heii•s, executor�s, administrators, 17 18 19 20 21 successocs anc! assigns, jointly ancl severally, finnly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in tlle City of Fort Worth by and througll a Community Facilities Agreement, CFA N�unber 20-0157 ; and 22 WHERE S, the Principal has entered into a certain written contract with the Developer � 23 awarded the day of �� •�2C , 20��, which Contract is l�ereby referred to and 24 a made pai•t hereof for all purposes as if fiilly set forth he►•ein, to furnish all materials, eqt�ipment 25 labor and other accessories as defined by law, in the prosecution of the Work, inciuding any 2G Work resulting fro«� a duly authorized Change Ocder (collectively herein, the "Work") as 27 provided foc in said Contract and designated as Street Li lg �tin r Improvements to serve Newberiy 23 Point, Phase 2; and 29 30 31 32 33 34 WFIEREAS, Principai binds itseif to use such materials and to so construct the Wock in accordance with the plans, specifications and Contract Documents that the Work is and will remain i�ree From defects in materials or workmanship fot• and during the period of two (2) years after the date of Finaf Acceptance of the Work by the City ("Maintenance Period"); �nd CITY OI FUR"I WOR'CF[ Ne�ahern� PoinL Phase 2 S'TANDARD CI"I"Y CONDI"1'IONS — D�V�LOP[R AWARDL'D PROJEC'I�S Cih� Projcct N�i. 1f1304� Revised.lanuaiy l I, 2012 OO 62 I q _ � ��,�iu�ri:!v�aucr-� �3our� i����,r z �>r� F3ond No. 124183P I ? � � 5 6 7 8 ) 10 II 12 13 14 15 1G (7 18 19 20 2l �2 23 WHEREAS, Principal binds itselfto cepair or reconsh�uct the Work in whole or in part upon receivii�g notice ti�om the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW 1'H�REFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provicied by Developer ar City, to a completion satisfactoiy to the City, then this obligation shall become nuil ancl void; otherwise to i•emain in fuil force and effect. PROVIDED, HOWEVTR, if Principal shall fail so to repair or reconsti•uct any timely noticed defective Work, it is agreed that the Developer or City may cause any �lI1CI �l�I SUCII defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal ai�d the Sucety imder this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas oc the United States District Court for the Northecn District of "I'exas, Fort Worth Division; ancl PROVIDGll FURTHER, that this obligation shall be continuous in natuee and successive recoveries may be had hereon for successive breaches. C("I'Y OF f'ORT WOR"I'1I SI�ANDARD C1TY CONUI"1'1ONS — llLVrLOPER AWARDGD PROJEC"f5 Reviscd Janu<uy 31. 2012 Newberry Point, Yhase 2 Ciry Project No. 1030�1� OO n7 19 - 3 M�\IN'I'I:tiANCI: 130ND Pagc 3 a F 3 Bond No. 124183P 4 � 6 7 8 9 f0 i( l2 13 14 f5 IF �� �g 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1N WITNESS WH�REOF, the I'rincipal <�lnd the Surety have each S1GNF,D and SGALED this instrument by duly authorized agents and officers on this the 1' ci�ay of _� t,�►'\� ,?O�k ATTE '"1'� � ---- (Principal) Se retary J / � � ' �: � � ��%; � ,- ,� l.�i —,L- -- - rtness as to Principal ATTEST: ��'� U.�.,�( � 1 �`' /� ��n�a_._o (Suretyj Secretary Frank A. Carrino C� �� / �/� Witness' to Surety Elizabeth Gray v PRINCIPAL: 1NDGPENDENT UT[LITY CONSTR ON, INC. BY: Sigt � ure Richard Wolfe, President Name and Title Address: 5109 Stin Valley Drive Fort Worth, "l�exas 761 19 SURETY: WESTFIELD INSURANCE COMPANY BY: � nature Kyle W. S�veeney, Attorney-in-Fact Name and Title Acldress �5� Republic Drive, Suite �F50 Plano,Texas 75074 Telephone Number: 972-516-2600 3_5 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified eYh•act 37 from the by-la�vs showing that this person has authoi•ity to sign such obligation. (f 38 S�u�ety's physical address is different ti•om its mailing address, both must be provideci. 39 40 �t ( The date of the bond shall not be prior to the date the Contract is awarded. CI"1'Y OP POIt'I' WOR"I�FI Nc�vbcrry Point. Phasc 2 S'I'f\NDARD C["IY CONDI7 IC)NS — DtiVLLOP6R AWARDED PRO.ILC'I'S City Projcct Nu. I Q30d5 Rcviscd.fanuary 31.2U1� APPENDIX GC 4.02 GR 01 60 00 GEOTECHNICAL REPORT CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF TH E CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definition s and Terminology .......................................................................................................... 1 1.0 1 Defined Terms............................................................................................................................... 1 1.0 2 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.0 1 Copies o f Documents .................................................................................................................... 7 2.0 2 Co mmencement o f Contract Time ; Notice to Proceed ................................................................ 7 2.0 3 Startin g th e Work .......................................................................................................................... 8 2.0 4 Before Startin g Construction ........................................................................................................ 8 2.0 5 Preconstructio n Conference .......................................................................................................... 8 2.0 6 Public Meeting .............................................................................................................................. 8 2.0 7 Initia l Acceptanc e o f Schedules.................................................................................................... 8 Article 3 – Contrac t Documents: Intent, Amending, Reuse ............................................................................ 8 3.0 1 Inten t.............................................................................................................................................. 8 3.0 2 Reference Standard s...................................................................................................................... 9 3.0 3 Reportin g and Resolvin g Discrepancies....................................................................................... 9 3.0 4 Am endin g and Supplementing Contract Documents................................................................. 10 3.0 5 Reuse of Documents ................................................................................................................... 10 3.0 6 Electronic Data ............................................................................................................................ 1 1 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environ mental Conditions; Reference Points........................................................................................................... 11 4.0 1 Availability o f Lands .................................................................................................................. 1 1 4.0 2 Subsurfac e an d Physical Conditions .......................................................................................... 12 4.0 3 Differing Subsurface or Physica l Conditions ............................................................................. 12 4.0 4 Underground Facilitie s ............................................................................................................... 1 3 4.0 5 Reference Points ......................................................................................................................... 1 4 4.0 6 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bond s and Insuranc e ..................................................................................................................... 1 6 5.0 1 License d Sureties and Insurers ................................................................................................... 16 5.0 2 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.0 3 Certificate s of Insurance ............................................................................................................. 1 6 5.0 4 Contractor’s Insurance ................................................................................................................ 18 5.0 5 Acceptance o f Bonds and Insurance; Optio n to Replace ........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.0 1 Supervisio n and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 6.0 2 Labor; Working Hours ................................................................................................................ 20 6.0 3 Services, Materials, and Equip ment ........................................................................................... 20 6.0 4 Project Schedule .......................................................................................................................... 21 6.0 5 Substitutes and “Or-Equals” ....................................................................................................... 21 6.0 6 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.0 7 Wage Rates.................................................................................................................................. 25 6.0 8 Paten t Fees and Royalties ........................................................................................................... 26 6.0 9 Perm its and Utilities .................................................................................................................... 27 6.1 0 Laws and Regulations ................................................................................................................. 27 6.1 1 Taxes ........................................................................................................................................... 28 6.1 2 Use o f Site and Other Areas ....................................................................................................... 28 6.1 3 Record Documents ...................................................................................................................... 29 6.1 4 Safety and Protection .................................................................................................................. 29 6.1 5 Safety Representative.................................................................................................................. 30 6.1 6 Hazard Co mmunicatio n Programs ............................................................................................. 30 6.1 7 Emergencies and/or Rectification............................................................................................... 30 6.1 8 Sub mittals .................................................................................................................................... 31 6.1 9 Continuin g th e Work ................................................................................................................... 32 6.2 0 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.2 1 Indemnificatio n ......................................................................................................................... 33 6.2 2 Delegatio n o f Professional Design Services .............................................................................. 34 6.2 3 Righ t to Audit.............................................................................................................................. 34 6.2 4 Nondiscriminatio n....................................................................................................................... 35 Article 7 – Othe r Work at th e Site ................................................................................................................... 35 7.0 1 Related Work at Site ................................................................................................................... 35 7.0 2 Coordination ................................................................................................................................ 36 Article 8 – City’s Responsibilities................................................................................................................... 36 8.0 1 Co mmunication s to Contractor ................................................................................................... 36 8.0 2 Furnish Data ................................................................................................................................ 36 8.0 3 Pa y When Due ............................................................................................................................ 36 8.0 4 Land s and Easements; Reports and Tests................................................................................... 36 8.0 5 Change Orders............................................................................................................................. 36 8.0 6 Inspections, Tests, and Approvals .............................................................................................. 36 8.0 7 Limitations o n City ’s Responsibilities ....................................................................................... 37 8.0 8 Undisclosed Hazardou s Environmental Condition .................................................................... 37 8.0 9 Co mplianc e with Safety Program............................................................................................... 37 Article 9 – City’s Observation Status During Constructio n ........................................................................... 37 9.0 1 City’s Project Manager ……...................................................................................................... 37 9.0 2 Visits to Site ................................................................................................................................ 37 9.0 3 Authorize d Variations in Work .................................................................................................. 38 9.0 4 Rejectin g Defectiv e Work .......................................................................................................... 38 9.0 5 Determinations for Work Performe d .......................................................................................... 38 9.0 6 Decision s o n Require ments of Contrac t Documents and Acceptability o f Work ..................... 38 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 Article 1 0 – Changes in th e Work; Claims; Extra Work ................................................................................ 38 10.0 1 Authorize d Changes in th e Work ............................................................................................... 38 10.0 2 Unauthorize d Change s in th e Work ........................................................................................... 39 10.0 3 Execution o f Change Orders....................................................................................................... 39 10.0 4 Extra Work .................................................................................................................................. 39 10.0 5 Notificatio n to Surety .................................................................................................................. 39 10.0 6 Contract Claims Process ............................................................................................................. 40 Article 1 1 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measure men t...................... 41 11.0 1 Cost o f th e Wor k ......................................................................................................................... 41 11.0 2 Allowance s .................................................................................................................................. 43 11.0 3 Unit Pric e Work .......................................................................................................................... 44 11.0 4 Plan s Quantity Measuremen t ...................................................................................................... 45 Article 1 2 – Change o f Contract Price; Change of Contract Time................................................................. 46 12.0 1 Change o f Contract Price ............................................................................................................ 46 12.0 2 Change o f Contract Time............................................................................................................ 47 12.0 3 Delay s .......................................................................................................................................... 47 Article 1 3 – Tests and Inspections; Correction, Removal or Acceptance o f Defectiv e Wor k ...................... 48 13.0 1 Notice o f Defects ........................................................................................................................ 48 13.0 2 Access to Work ........................................................................................................................... 48 13.0 3 Tests and Inspection s .................................................................................................................. 48 13.0 4 Uncovering Work........................................................................................................................ 49 13.0 5 City Ma y Stop th e Work ............................................................................................................. 49 13.0 6 Correctio n o r Re mova l of Defectiv e Work ................................................................................ 50 13.0 7 Correctio n Perio d ........................................................................................................................ 50 13.0 8 Acceptance o f Defectiv e Work ................................................................................................... 51 13.0 9 City Ma y Correc t Defective Wor k ............................................................................................. 51 Article 1 4 – Pay ments to Contractor and Co mpletio n .................................................................................... 52 14.0 1 Schedule o f Values...................................................................................................................... 52 14.0 2 Progress Pay ments ...................................................................................................................... 52 14.0 3 Contractor’s Warranty o f Title ................................................................................................... 54 14.0 4 Partial Utilizatio n ........................................................................................................................ 55 14.0 5 Fina l Inspectio n ........................................................................................................................... 55 14.0 6 Fina l Acceptance......................................................................................................................... 55 14.0 7 Fina l Pay ment.............................................................................................................................. 56 14.0 8 Fina l Co mpletion Delayed and Partial Retainage Release ........................................................ 56 14.0 9 Waiver of Claim s ........................................................................................................................ 57 Article 1 5 – Suspension o f Wor k and Term ination ........................................................................................ 57 15.0 1 City Ma y Suspend Work............................................................................................................. 57 15.0 2 City Ma y Terminate for Cause ................................................................................................... 58 15.03 City Ma y Terminate Fo r Convenience ....................................................................................... 60 Article 1 6 – Dispute Resolution ...................................................................................................................... 61 16.0 1 Method s and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 Article 1 7 – Miscellaneous .............................................................................................................................. 62 17.0 1 Givin g Notice .............................................................................................................................. 62 17.0 2 Co m putatio n o f Times ................................................................................................................ 62 17.0 3 Cu m ulative Remedies ................................................................................................................. 62 17.0 4 Surviva l o f Obligations ............................................................................................................... 63 17.0 5 Headings ...................................................................................................................................... 63 CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Whereve r used in these General Condition s o r in other Contract Documents, th e terms listed below hav e th e meanings indicated whic h are app licable to both th e singula r and plural thereof, and word s denoting gende r shall includ e th e masculine , feminin e and neuter. Said terms are generally capitalized o r written in italics, but not always. When used in a contex t consistent with th e definitio n o f a listed -define d term, th e term shall have a m eanin g as define d below whether capitalized o r italicize d o r otherwise . In additio n to terms specif ically defined, terms with initial capita l letters in th e Contrac t Docu ments include reference s to identifie d article s and paragraphs, and th e titles o f other documents o r forms. 1 . Addenda —Written or graphic instruments issued prio r to th e openin g of Bid s which clarify, correct, o r change the Biddin g Requirements o r th e propose d Contract Documents. 2 . Agreement—Th e written instrumen t which is evidence o f th e agree m ent between City and Contracto r coverin g th e Work. 3 . Applicatio n fo r Payment—Th e form acceptable to City which is to be used by Contractor durin g th e course of th e Work in requesting progress o r final pay m ents and whic h is to be accompanied by such supportin g documentatio n as is required by th e Contract Documents. 4 . Asbestos—Any material tha t contain s more than one percen t asbesto s and is friable o r is releasin g asbestos fibers into th e air above current actio n levels established b y th e United States Occupational Safety and Health Administration. 5 . Award – Authorization b y th e City Council for the City to enter into an Agreement. 6 . Bid —Th e offer o r proposal o f a Bidde r sub mitted o n th e prescribed form settin g forth the price s for th e Work to be performed. 7 . Bidder—Th e individua l o r entity who sub mits a Bid directly to City. 8 . Biddin g Documents—Th e Bidding Requirements and th e proposed Contract Docu ments (includin g all Addenda). 9 . Biddin g Requirements—The advertise ment or Invitatio n to Bid , Instruction s to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is define d as a day tha t th e City conducts normal business, generally Monday through Friday , except for federal o r state holidays observed by th e City. 1 1 . Calenda r Day – A day consisting o f 24 hours measured fro m midnigh t to th e next midnight. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 2 of 63 1 2 . Chang e Order—A document, which is prepare d and approve d b y th e City , whic h is signed b y Contracto r and City and authorizes a n addition, deletion , o r revisio n in th e Work o r an adjustment in th e Contract Pric e o r th e Contract Time , issued o n or after th e Effectiv e Date o f th e Agree ment. 1 3 . City — Th e City o f Fort Worth , Texas, a home-ru le municipal corporation , authorized and chartere d under th e Texas State Statutes, acting by its governin g body through its City Manager, his designee , o r agents authorize d under his behalf, each o f whic h is required by Charter to perform specific duties with respon sibility for final enforce ment o f th e contracts involvin g th e City of Fort Worth is by Charter veste d in th e City Manager and is th e entity with whom Contracto r has entere d into th e Agreem ent and f o r who m th e Work is to be performed. 1 4 . City Attorney – Th e officially appointed City Attorney o f th e City o f Fort Worth , Texas, or his duly authorized representative. 1 5 . City Council - Th e duly electe d and qualified governing body o f th e City of Fort Worth, Texas. 1 6 . City Manage r – Th e officially appointed and authorized City Manage r of th e City of Fort Worth , Texas, or his duly authorized representative. 1 7 . Contract Claim—A dem and or assertion by City o r Con tracto r seekin g an adjustment of Contrac t Pric e or Contract Time, o r both , o r other relief with respec t to th e terms of the Contract. A demand fo r mone y o r service s by a third party is not a Contract Claim. 1 8 . Contract—Th e entire and integrate d written docum ent betwee n th e City and Contractor concerning th e Work. Th e Contract contains th e Agree m ent and all Contrac t Documents and supersede s prior negotiations, representations, or agreements, whethe r written or oral. 19. Contract Documents—Those ite ms so designate d in th e Agree ment. All ite ms liste d in the Agree ment are Contract Docu ments. Approved Sub mittals, other Contracto r sub mittals, and th e reports and drawings o f subsurface and physical conditions are not Contract Docu ments. 2 0 . Contract Price—Th e money s payable b y City to Contracto r for com pletion o f th e Work in accordance with th e Contract Documents a s state d in th e Agreemen t (subject to the provisions o f Paragrap h 11.0 3 in th e case of Unit Pric e Work). 2 1 . Contract Time—Th e num be r o f day s o r th e dates stated in th e Agreement to : (i) achieve Milestones, if any and (ii) complete th e Wor k so that it is read y for Fina l Acceptance. 2 2 . Contractor—Th e individual or entity with whom City has entered into th e Agreement. 2 3 . Cost of th e Work—Se e Paragraph 11.01 o f these General Conditions fo r definition. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 3 of 63 2 4 . Damag e Claims – A demand for money or service s arising from th e Project o r Site from a third party , City o r Contractor exclusiv e o f a Contract Claim. 2 5 . Da y o r day – A day , unless otherwise defined, shall mean a Calendar Day. 2 6 . Directo r o f Aviatio n – Th e officially appointe d Directo r o f th e Aviatio n Department o f the City o f Fort Worth , Texas, o r his duly appointe d representative , assistant, or agents. 2 7 . Directo r o f Parks and Community Services – Th e officially appointe d Directo r of th e Parks and Co mmunity Service s Departmen t o f th e City o f Fort Worth, Texas, o r his duly appointed representative, assistant, or agents. 2 8 . Directo r o f Plannin g and Developmen t – Th e officially appointe d Director o f th e Planning and Develop ment Departm ent o f th e City of Fort Worth , Texas, o r his duly appointed representative, assistant, or agents. 29. Directo r of Transportation Public Work s – Th e officially appointed Director of the Transportation Public Work s Department o f th e City o f Fort Worth , Texas, o r his duly appointed representative , assistant, or agents. 3 0 . Directo r o f Water Departmen t – Th e officially appointe d Directo r of th e Wate r Department o f th e City o f Fort Worth , Texas, or his duly appointed representative, assistant, o r agents. 3 1 . Drawings—That part o f th e Contrac t Docu ments prepared o r approved b y Engineer which graphically shows the scope, extent, and ch aracte r o f the Work to be performed by Contractor. Sub mittals are not Drawings as so defined. 3 2 . Effectiv e Date o f th e Agreement—The date indicated in th e Agree m ent o n whic h it becomes effective, but if n o such date is indicated, it means th e date o n which th e Agreement is signed and delivered by th e last of th e two parties to sign and deliver. 3 3 . Engineer—The licensed professional engineer o r engin eering firm registered in th e State of Texa s performing professional services for th e City. 3 4 . Extra Work – Additiona l work made necessary b y change s o r alteration s o f th e Contract Docu ments o r of quantitie s o r f or other rea sons f or which n o prices are provided in the Contract Docu ments. Extra work shall b e part of th e Work. 3 5 . Field Order — A writte n order issued b y City whic h requires changes in th e Work but which does not involve a change in th e Contract Price, Contract Time, o r th e inten t o f th e Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 3 6 . Fina l Acceptanc e – Th e written notice given b y th e City to th e Contracto r tha t th e Work specifie d in th e Contract Documents has bee n completed to th e satisfaction of th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 4 of 63 3 7 . Fina l Inspectio n – Inspection carried out b y th e City to verif y that th e Contracto r has completed th e Work , and each and every part o r appurtenance thereof, fully , entirely , and in conformance with the Contract Docu ments. 3 8 . Genera l Requirements—Sections o f Division 1 o f th e Contract Documents. 39. Hazardou s Environmenta l Condition —Th e presenc e at th e Site of Asbestos, PCBs, Petroleu m, Hazardou s Waste, Radioactive Material, or other materials in such quantitie s or circu mstances tha t may presen t a substantia l danger to person s o r property expose d thereto. 4 0 . Hazardou s Waste—Hazardous waste is defined as any solid waste listed a s hazardous or possesses one o r more hazardous characteristics as define d in th e federal waste regulations, a s amended fro m time to time. 4 1 . Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders o f any and all govern mental bodies, agencies, authorities, and courts having jurisdiction. 4 2 . Liens—Charges, security interests, o r encu mb rance s upon Projec t funds, real property, or persona l property. 4 3 . Majo r Item – An Item o f work included in th e Contract Documents that has a total cost equal to o r greater than 5 % o f th e original Contract Price or $25,000 whichever is less. 4 4 . Milestone —A principal event specified in th e Contract Documents relating to an intermediate Contrac t Tim e prior to Final Acceptance o f th e Work. 4 5 . Notice o f Award —Th e written notic e by City to th e Successful Bidder statin g that upon timely compliance b y th e Successfu l Bidde r with th e condition s precedent listed therein , City will sign and deliver th e Agreement. 4 6 . Notice to Proceed —A written notice given by City to Contracto r fixing th e date on which the Contrac t Tim e will commenc e to run and o n which Contractor shall start to perform the Work specifie d in Contract Documents. 4 7 . PCBs—Polychlorinate d biphenyls. 4 8 . Petroleum—Petroleum, includin g crude oil o r any fraction thereo f which is liquid at standard condition s o f te mperature and pressure (6 0 degrees Fahrenheit and 14.7 pounds per square inc h absolute), such as oil, petroleu m, fuel oil, oil sludge, oil refuse, gasoline , kerosene, and oil m ixed with other non-Hazardous Waste and crud e oils. 49. Plan s – Se e definition of Drawings. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 5 of 63 5 0 . Project Schedule —A schedule, prepare d and maintaine d by Contractor, in accordance with th e General Requirements, describin g th e sequence and duration of th e activitie s comprising th e Contractor’s pla n to accomplish th e Work within th e Contrac t Tim e. 5 1 . Project—Th e Work to b e performed under th e Contract Docu ments. 5 2 . Project Manager—Th e authorized representativ e o f th e City who will b e assigned to the Site. 5 3 . Public Meetin g – An announced meetin g conducted b y th e City to facilitate public participatio n and to assist th e public in gaining an informed view o f th e Project. 5 4 . Radioactive Material—Source, special nuclear, o r byproduct m aterial as defined b y the Ato mic Energy Act o f 195 4 (42 USC Sectio n 2011 et seq.) as amended from tim e to time. 5 5 . Regula r Workin g Hours – Hours beginnin g at 7:00 a.m. and endin g at 6:0 0 p.m., Monday thru Friday (excludin g legal holidays). 5 6 . Samples—Physica l exa mples of materials, equip ment, o r work manship tha t are representativ e o f some portio n of th e Work a nd which establish th e standards b y whic h such portio n o f th e Work will be judged. 5 7 . Schedule o f Submittals—A schedule , prepared and m aintained b y Contractor, o f required sub m ittals and th e time requirements to support scheduled performance o f related construction activities. 5 8 . Schedule o f Values—A schedule, prepared and maintained by Contractor, allocatin g portions o f th e Contrac t Pric e to variou s portion s of th e Work and use d as th e basis for reviewing Contractor’s Applications for Payment. 59. Site—Land s or areas indicate d in th e Contract Documents as bein g furnishe d b y City upon which th e Work is to b e performed , includin g rights-of-way, permits, and easements for access thereto , and such othe r land s furnishe d by City which are designate d for th e use of Contractor. 6 0 . Specifications—That part o f th e Contract Documents consistin g o f written requirements for materials, equipm ent, syste ms, standards an d workmanship as applied to th e Work , and certain administrative requirements and procedura l matters applicable thereto . Specifications may be specifically made a part o f th e Contract Documents b y attachmen t or, if not attached, may be incorporate d b y reference a s indicated in th e Table o f Contents (Divisio n 0 0 0 0 00) o f each Project. 6 1 . Subcontractor —An individual or entity havin g a direct contract with Contracto r o r with any other Subcontractor for th e performance o f a part of the Work at th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 6 of 63 6 2 . Submittals—All drawings, diagrams, illustrations, schedules, and other data or in f ormation which are specif ically prepare d or assemble d by or f or Contractor and submitted by Contractor to illustrate some portion of th e Work. 6 3 . Successful Bidder—Th e Bidder submittin g th e lowest and most responsive Bid to who m City make s an Award. 6 4 . Superintenden t – Th e representative o f th e Contractor wh o is available at all times and able to receiv e instruction s from th e City and to act for th e Contractor. 6 5 . Supplementary Conditions—That part of th e Contract Docu ments whic h amend s or supple ments these General Conditions. 6 6 . Supplier—A manufacturer, fabricator, supplier, distributor, materialm an , o r vendo r having a direc t contrac t with Contracto r or with any Subcontractor to furnish materials or equipment to b e incorporated in th e Work b y Contractor or Subcontractor. 6 7 . Underground Facilities—All undergroun d pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, o r other such facilities o r attach ments, and any encasements containin g suc h facilities, including but not limited to , those that convey electricity, gases, steam, liquid petroleum products, telephone o r other comm unications, cable television, water, wastewater, storm water, other liquids o r chemicals, o r traffic or other control system s. 68 Unit Pric e Work—Se e Paragraph 11.03 of these General Conditions for definition. 69. Weeken d Workin g Hours – Hours beginnin g at 9:00 a.m. and endin g at 5:0 0 p.m ., Saturday, Sunday o r legal holiday , as approved in advance by th e City. 7 0 . Work—Th e entire construction o r th e variou s separately identifiable parts thereof required to b e provided under th e Contract Docu ments. Work includes and is th e result o f performin g or providin g all labor, services, and docu mentation necessary to produce such construction includin g any Change Order or Field Order, an d furnishing, installing, and incorporating all materials and equip ment into suc h construction, all as required by th e Contrac t Documents. 7 1 . Workin g Day – A working day is defined as a day , not including Saturdays, Sundays, o r legal holiday s authorized by th e City for contrac t purposes, in which weathe r or othe r conditions not under th e contro l o f th e Contracto r will p ermit th e performance of th e principa l unit of work underwa y fo r a continuous perio d of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. Th e word s and terms discusse d in Paragrap h 1.02.B through E are not defined but, when used in th e Biddin g Requirem ents o r Contract Docu ments, have th e indicated m eaning. B. Inten t o f Certain Terms o r Adjectives: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 7 of 63 1 . Th e Contrac t Docu ments includ e th e terms “as allowed,” “as approved,” “as ordered,” “as directed ” o r term s of lik e effect o r import to authoriz e an exercise o f judgment by City . In addition , th e adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjective s o f lik e effect o r im port are used to describe an action o r determination o f City as to th e Work. It is intended tha t such exercise o f professiona l judgment, action, o r determination will be solely to evaluate, in general, th e Wo rk f o r compliance with th e in f orm atio n in the Contrac t Docu ments and with th e design concept o f th e Project as a functioning whole as shown o r indicated in th e Contract Docum ents (unless there is a specific state ment indicating otherwise). C. Defective: 1 . Th e word “defective,” when modifying th e word “Work,” refers to Work that is unsatisf actory, faulty , o r deficient in that it: a . does not conform to th e Contrac t Docu ments; or b . does not m eet th e requirements o f any applicab le inspection, reference standard, test, or approval referred to in the Contract Docu ments; or c . has been da mage d prior to City’s written acceptance. D. Furnish , Install, Perform, Provide: 1 . Th e word “Furnish ” o r th e word “Install” o r th e word “Perform” or th e word “Provide” or th e word “Supply,” o r any combination o r similar directiv e o r usage thereof , shall mean furnishing and incorporatin g in th e Work including all necessary labor, materials, equipment, and everythin g necessary to perform th e Work indicated, unless specifically limited in the contex t used. E. Unless state d otherwise in th e Contract Docu ments, word s o r phrase s that hav e a well-known technica l or constructio n industry o r trade meaning are used in th e Contrac t Docu ments in accordanc e with such recognized meaning. ARTICLE 2 – PRELIMINAR Y MATTERS 2.01 Copies o f Documents City shall furnish to Contractor one (1) origin al executed copy and one (1) electronic cop y of the Contrac t Docu ments, and f our (4) additional cop ies o f th e Drawings. Additional copie s will be furnished upon request at th e cost of reproduction. 2.02 Commencement o f Contract Time ; Notice to Proceed Th e Contrac t Time will commence to ru n o n th e day indicated in th e Notice to Proceed. A Notice to Proceed ma y be given no earlier than 1 4 day s after th e Effective Date o f th e Agree ment, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 8 of 63 2.03 Startin g th e Work Contracto r shall start to perform th e Work o n th e date when th e Contract Time commences to run. No Work shall b e don e at th e Site prior to th e date on which th e Contract Time commences to run. 2.04 Before Startin g Construction Baselin e Schedules: Sub mit in accordance with th e Contrac t Docu ments, and prio r to startin g the Work. 2.05 Preconstruction Conference Be f ore any Work at th e Site is started , th e Contractor shall atten d a Preconstructio n Conference as specifie d in th e Contract Docum ents. 2.06 Public Meeting Contracto r may not m obilize any equip ment, materials or resource s to th e Site prio r to Contractor attendin g th e Public Meetin g as scheduled by th e City. 2.07 Initia l Acceptanc e of Schedules No progress pay ment shall b e m ad e to Contracto r until acceptable schedules are submitted to City in accordance with th e Schedule Specificatio n as provided in th e Contract Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. Th e Contract Docu ments are complementary; wha t is required by one is as binding as if required b y all. B. It is th e intent o f th e Contrac t Docu ments to describ e a functionally complete project (or part thereof ) to be constructe d in accordanc e with th e Contract Documents. Any labor, documentation, services, materials, or equip ment that reasonably may b e inferred from the Contract Docu ments o r fro m prevailin g custom or trade usage as bein g require d to produce the indicate d result will be provide d whethe r or not specifically called f or , a t n o additional cost to City. C. Clarification s an d interpretation s of th e Contract Docu ments shall b e issued by City. D. Th e Specifications may vary in form, format a nd style. So m e Specification sections may be written in varyin g degree s o f strea mlined o r declarativ e style and some sections may be relatively narrativ e b y comparison . Om issio n o f su ch word s and phrases as “th e Contractor shall,” “in conformity with,” “as shown,” o r “as specif ied ” are intentiona l in stream lined sections. Omitte d word s and phrases shall b e supplied b y inference. Simila r types o f provisions ma y appear in variou s parts o f a sectio n or article s within a part dependin g o n th e format of the CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 9 of 63 section . Th e Contracto r shall not tak e advantage o f any variatio n o f form, format or style in makin g Contract Claims. E. Th e cross referencin g o f specificatio n section s under th e subparagraph heading “Related Section s include but are not necessarily lim ite d to:” and elsewhere within each Specif ication sectio n is provide d a s an aid and convenience to th e Contractor. Th e Contracto r shall not rely on th e cross referencin g provide d and shall be responsible to coordinate th e entire Work under the Contrac t Docu ments and provid e a complete Projec t whethe r o r not th e cross referencin g is provide d in each sectio n or whethe r o r not th e cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1 . Reference to standards, specifications, manuals, or code s o f any technical society, organization, o r association , o r to Laws or Regulations, whether such reference b e specific or b y implication, shall mean th e standard, specification , manual, code, o r Laws o r Regulations in effec t at the time of openin g o f Bids (or o n th e Effective Date of th e Agree ment if there were n o Bids), excep t as may b e otherwise specifically stated in th e Contrac t Docu ments. 2 . No provisio n of any suc h standard, specification, manual, o r code , or any instructio n of a Supplier, shall b e effective to change th e duties o r responsibilities o f City , Contractor, or any o f their subcontractors, consultants, agents, o r employees, from those set forth in th e Contract Docu ments. No suc h provision o r instructio n shall b e effectiv e to assign to City , o r any o f its officers, directors, members, partners, employees, agents, consultants, o r subcontractors, any duty or authority to supervise or direct th e performanc e o f th e Work or any duty o r authority to undertake responsibility inconsistent with th e provision s o f th e Contrac t Documents. 3.03 Reportin g and Resolvin g Discrepancies A. Reportin g Discrepancies: 1 . Contractor’s Review of Contrac t Documents Before Starting Work: Before undertaking each part o f th e Work , Contractor shall carefully stud y and compare th e Contrac t Documents and check and verif y pertinen t figure s therein against all applicable field measure ments and conditions. Contractor shall pro mptly report in writin g to City any conflict, error, a mbiguity, o r discrepanc y which Contractor discovers, o r has actua l knowledge of , and shall obtain a written interpretation o r clarif ication f ro m City bef ore proceeding with any Work affected thereby. 2 . Contractor’s Revie w o f Contrac t Documents During Performance o f Work : If , durin g the performance o f th e Work, Contractor discovers any conflict, error, ambiguity , o r discrepancy within th e Contract Docu ments, o r between th e Contrac t Docu ments and (a) any applicable La w o r Regulatio n , (b) any standard, specification , manual, o r code, o r (c) any instruction of any Supplier, then Contractor shall prom ptly report it to City in writing. Contracto r shall not proceed with th e Work affected thereb y (except in a n e m ergenc y a s required b y Paragraph CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 10 of 63 6.17.A) until an amendment o r supplement to th e Contract Docu ments has been issued by one o f th e methods indicate d in Paragraph 3.04. 3 . Contracto r shall not be liable to City f o r f ailure to report any conflict, error, ambiguity , or discrepancy in th e Contract Docu ments unless Contractor had actua l knowledge thereof. B. Resolvin g Discrepancies: 1 . Excep t as ma y b e otherwise specifically stated in th e Contract Docu ments, th e provisions of th e Contract Docu ments shall take precedenc e in resolvin g any conflict, error, a m biguity, or discrepancy between th e provisions of th e Contract Docu ments and th e provision s of any standard , specification, manual, o r th e instruction of any Supplier (whether or not specifically incorporate d b y reference in th e Contract Documents). 2 . In case of discrepancies, figured dimension s shall govern over scaled dimensions, Plan s shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown o n th e Plan s shall govern over those shown in the proposal. 3.04 Amendin g and Supplementing Contract Documents A. Th e Contract Documents m ay be amended to provid e for additions, deletions, and revisions in th e Work or to modify th e terms and conditions thereof by a Change Order. B. Th e require ments o f th e Contract Documents m ay be supple mented , and mino r variations and deviation s in th e Work not involvin g a change in Contract Price or Contract Tim e, may be authorized, by one o r mor e of th e following ways: 1 . A Field Order; 2 . City’s review o f a Submitta l (subjec t to th e provisions o f Paragrap h 6.18.C); or 3 . City’s written interpretatio n o r clarification. 3.05 Reuse o f Documents A. Contracto r and any Subcontractor or Supplier shall not: 1 . hav e o r acquire any title to o r ownership rights in any o f th e Drawings, Specif ications, or other docu ments (o r copie s o f any thereof) p repare d by or bearin g th e seal o f Engineer, includin g electronic media editions; or 2 . reuse any such Drawings, Specifications, other docu ments, or copies thereo f o n extensions of th e Project o r any other projec t withou t writte n consent o f City and specific written verification o r adaptatio n b y Engineer. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 11 of 63 B. Th e prohibitions of this Paragrap h 3.0 5 will surv iv e final pay ment, o r term ination of the Contract. Nothin g herein shall preclud e Contractor fro m retainin g copies o f th e Contract Docu ments for record purposes. 3.06 Electronic Data A. Unless otherwise stated in th e Supple mentary Conditions, th e data furnished by City o r Engineer to Contractor, o r by Contracto r to City or Engineer, that may b e relied upon are limite d to the printe d copies include d in th e Contrac t Docu ments (also known as hard copies) and other Specification s referenced and locate d o n th e City’s on-line electronic document m anagement and collaboration system site. Files in electronic media form at o f text, data , graphics, o r other typ es are furnishe d only for th e convenience o f the receivin g party . Any conclusion or information obtaine d o r derived from such electronic files will be at th e user’s sole risk . If there is a discrepancy between th e electronic file s and th e hard copies, the hard copies govern. B. When transferrin g docu ments in electronic media format, th e transferring party make s no representations as to long term compatibility , usability, o r readability o f documents resulting from th e use o f software application packages, operatin g systems, o r computer hardware differing from those use d b y th e data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTA L CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall f urnish th e Site. City shall notify Contracto r o f any encu mbrances o r restrictions not of general application but specifically related to use of th e Site with which Contracto r m ust comply in perf ormin g th e Work. City will obtain in a timely manner and pay f or ease ments fo r permanent structure s or perm anent changes in existing f acilities. 1 . Th e City has obtained o r anticipates acquisition of and/o r access to right-of -way , and/or easements. Any outstanding right-of-way and/or easements are anticipated to b e acquired in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule sub m itte d by th e Contracto r in accordanc e with th e Contract Docu ments must consider any outstanding right-of-way, and/or easements. 2 . Th e City has or anticipates removing and/or relocatin g utilities, and obstructions to th e Site. An y outstandin g removal or relocatio n o f utilities o r obstruction s is anticipated in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule submitted b y th e Contracto r in accordance with th e Contrac t Docum ents must consider any outstanding utilities o r obstructions to be removed, adjusted , and/o r relocated b y others. B. Upo n reasonable written request, City shall furnish Contractor with a curren t state men t o f record legal title and legal description of th e land s upon which th e Work is to be performed. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 12 of 63 C. Contracto r shall provid e for all additiona l land s and access thereto tha t may b e required for construction facilities or storage o f materials an d equipment. 4.02 Subsurfac e an d Physical Conditions A. Reports and Drawings: Th e Supplementary Condition s identify: 1 . those reports known to City of exploration s and tests o f subsurface condition s at or contiguou s to th e Site; and 2 . those drawings known to City of physical conditions relating to existin g surface or subsurface structures at th e Site (except Underground Facilities). B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not limite d to , any aspects o f th e means, methods, techniques, sequences, and procedures of construction to be employe d by Contractor, and safety precaution s and programs incident thereto ; or 2 . other data , interpretations, opinions, and information contained in suc h reports o r shown or indicate d in such drawings; or 3 . any Contracto r interpretatio n of o r conclusio n drawn fro m any “technical data” or any such other data , interpretations, opinions, or information. 4.03 Differin g Subsurface o r Physica l Conditions A. Notice: If Contracto r believes that any subsurface o r physical conditio n that is uncovered or reveale d either: 1 . is o f suc h a nature as to establish that any “technical data ” on which Contracto r is entitled to rely a s provided in Paragraph 4.0 2 is materially inaccurate; or 2 . is of such a nature as to require a change in th e Contrac t Docu ments; or 3 . differs materially from that shown or indicated in th e Contract Documents; or 4 . is of an unusual nature, and differs materially from conditions ordinarily encountere d and generally recognized as inheren t in work o f th e characte r provided for in th e Contract Docu ments; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 13 of 63 the n Contracto r shall, promptly afte r becomin g aware thereo f and before further disturbin g the subsurface or physica l conditions or performing any Work in connectio n therewith (except in an emergenc y as required b y Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contracto r shall not be entitled to any adjustment in th e Contract Price o r Contract Time if: 1 . Contracto r knew of th e existence o f suc h condition s a t th e time Contracto r made a final commitment to City with respec t to Contract Price and Contract Time b y th e submission of a Bid or beco ming boun d under a negotiate d contract; or 2 . th e existenc e o f such conditio n could reasonably have been discovered or revealed as a result o f th e exa minatio n o f th e Contract Documents o r th e Site ; or 3 . Contracto r failed to giv e th e writte n notice a s required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown o r Indicated: Th e information and data shown o r indicated in th e Contrac t Docu ments with respect to existin g Underground Facilities at o r contiguou s to th e Site is based on information and data furnished to City o r Enginee r b y th e owners of such Underground Facilities, includin g City , o r by others. Unless it is otherwise expressly provide d in the Supple mentary Conditions: 1 . City and Enginee r shall not be responsible for th e accuracy or com pleteness of any such informatio n o r data provide d b y others; and 2 . th e cost of all o f th e f ollowin g will be include d in th e Contrac t Price , and Contracto r shall hav e full responsibility for: a . reviewin g and checkin g all such information and data; b . locatin g all Undergroun d Facilities shown o r indicated in th e Contract Documents; c . coordination and adjustmen t of th e Work with th e owners of such Underground Facilities, including City , during construction; and d . th e safety and protection o f all suc h Underground Facilities and repairing any damage thereto resulting from th e Work. B. No t Shown o r Indicated: 1 . If a n Underground Facility which conflicts with th e Work is uncovere d o r revealed at or contiguou s to th e Site whic h was not shown o r indicated , or not shown or indicated with reasonable accuracy in th e Contrac t Docu ments, Contractor shall, pro mptly afte r becoming aware thereo f and before further disturbing condition s affected thereby or performin g any CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 14 of 63 Work in connectio n therewith (excep t in a n emergency as require d by Paragrap h 6.17.A), identif y th e owne r o f such Underground Facility and give notice to tha t owne r and to City. City will review th e discovered Undergroun d Facility and determin e th e extent, if any , to which a change may be required in th e Contrac t Docu ments to reflect and docu men t the consequences of th e existenc e o r locatio n of th e Undergroun d Facility . Contracto r shall be responsible fo r th e safety and protection o f such discovere d Underground Facility. 2 . If City concludes that a change in th e Con tract Docu ments is required , a Change Order may b e issue d to reflect and docum en t suc h consequences. 3 . Verif icatio n o f existin g utilities, structures, and servic e lines shall includ e notif ication o f all utility companies a minimu m o f 48 hours in advance o f constructio n including exploratory excavation if necessary. 4.05 Reference Points A. City shall provid e engineering survey s to establish reference points for construction , which in City’s judgment are necessary to enable Contractor to proceed with th e Work . City will provide construction stakes o r other customar y method o f marking to establish lin e and grades for roadway and utility construction, centerlines and bench mark s for bridgework . Contracto r shall protect and preserv e th e establishe d reference points and property monu ments, and shall make no changes or relocations. Contracto r shall report to City whenever any reference point o r property monu ment is lost o r destroyed o r requires relocatio n because of necessary changes in grades or locations. Th e City shall b e responsible for th e replacement or relocatio n o f reference points or property monum ents not carelessly o r willfully destroyed b y th e Contractor. Th e Contracto r shall notify City in advance and with sufficien t time to avoid delays. B. Whenever, in th e opinio n o f th e City, any reference poin t o r monumen t has been carelessly or willf ully destroyed, disturbed, o r remove d b y th e Contractor o r any o f his employees, th e f ull cost f o r replacin g suc h points plu s 25% will b e charged against th e Contractor, and th e f ull amount will b e deducted from pay men t due th e Contractor. 4.06 Hazardous Environmenta l Conditio n a t Site A. Reports and Drawings: Th e Supple mentary Conditions identify those reports and drawings known to City relatin g to Hazardous Environmental Conditions that hav e been identified at the Site. B. Limite d Reliance b y Contracto r on Technica l Data Authorized : Contracto r may rely upon the accurac y o f th e “technica l data” contained in such reports and drawings, but such reports and drawings are not Contrac t Docu ments. Suc h “technica l data” is identified in th e Supplementary Conditions. Contractor may not make any Contract Claim against City , o r any o f their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1 . th e completeness of such reports and drawings for Contractor’s purposes, including, but not limite d to , any aspects o f th e means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 15 of 63 construction to be employed by Contracto r an d safety precautions and progra m s incident thereto ; or 2 . other data , interpretations, opinions and information containe d in suc h reports o r shown or indicate d in such drawings; or 3 . any Contractor interpretatio n o f o r conclusion drawn from any “technical data” or any such other data , interpretations, opinions o r information. C. Contracto r shall not b e responsible for an y Hazardou s Environmental Conditio n uncovered or reveale d at th e Site which was not shown o r indicated in Drawings o r Specifications o r identified in th e Contract Documents to be within th e scope of th e Work. Contracto r shall b e responsible for a Hazardou s Environ mental Conditio n create d with any materials brough t to th e Site by Contractor, Subcontractors, Suppliers, o r anyone else for who m Contracto r is responsible. D. If Contracto r encounters a Hazardou s Environm ental Condition o r if Contractor o r anyone for who m Contracto r is responsible creates a Hazardous Environmental Condition , Contractor shall immediately: (i) secure o r otherwise isolate such condition; (ii) stop all Work in connectio n with such conditio n and in any area affecte d thereb y (excep t in a n emergency a s required by Paragraph 6.17.A); and (iii) notif y City (an d promptly thereafter confirm such notice in writing). City may conside r th e necessity to retain a qualif ie d expert to evaluate suc h conditio n o r take corrective action , if any. E. Contracto r shall not be require d to resu me Work in connectio n with such condition o r in any affected area until a f ter City has obtaine d any required permits related thereto and delivered written notic e to Contractor: (i) specifying tha t suc h conditio n and any affecte d are a is o r has been rendered suitable for th e resumption o f Wo rk; o r (ii) specifying any special conditions under which such Work may b e resumed. F. If afte r receip t o f such writte n notice Contractor does not agree to resu m e such Work based on a reasonable belief it is unsafe, o r does not agree to resu me such Work under suc h special conditions, the n City may order th e portio n of th e Work that is in th e area affected by such condition to be delete d from th e Work . City may have such deleted portion of th e Work performed by City’s own force s or others. G. To th e fullest exten t permitte d b y Laws and Regulations, Contractor shall indemnify and hold harmless City, fro m and against all claims, costs, losses, and damages (including but not limited to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court o r arbitratio n o r othe r dispute resolutio n costs) arisin g out o f o r relatin g to a Hazardous Environmental Condition created by Contracto r o r by anyon e fo r who m Contractor is responsible. Nothin g in this Paragrap h 4.06.G shall obligate Contracto r to indemnify any individua l or entity from and against th e consequence s of that individual’s or entity’s own negligence. H. Th e provisions o f Paragraph s 4.02, 4.03 , and 4.0 4 do not apply to a Hazardou s Environmental Conditio n uncovered o r revealed at th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 16 of 63 ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required b y th e Contract Docu ments to b e purchased and maintained by Contracto r shall b e obtained from surety o r insuranc e companies that are duly license d o r authorized in th e State o f Texa s to issu e bonds or insuran ce policies for th e limits and coverages so required. Suc h surety and insurance companies shall also meet such additional requirements and qualifications as may b e provided in the Supplementary Conditions. 5.02 Performance , Payment, and Maintenance Bonds A. Contracto r shall furnish perform ance and pay ment bonds, in accordance with Texas Government Cod e Chapter 2253 o r successo r statute, each in an a m ount equa l to th e Contrac t Price as security for th e faithful performance and pay ment of all of Contractor’s obligation s under the Contrac t Docum ents. B. Contractor shall furnish maintenance bonds in an amount equal to th e Contrac t Price as security to protec t th e City against any defects in any portion o f th e Work describe d in th e Contract Docu ments. Maintenanc e bonds shall remain in ef f ec t for two (2 ) years af ter th e date o f Final Acceptance by th e City. C. All bonds shall b e in th e form prescribed b y th e Contrac t Documents except as provided otherwise b y Laws or Regulations, and shall b e ex ecuted b y such sureties as are named in th e list of “Co mpanies Holdin g Certificate s of Authority as Acceptable Sureties o n Federal Bond s and as Acceptable Reinsurin g Co mpanies” as publish ed in Circula r 570 (a m ended) b y th e Financial Management Service , Surety Bond Branch, U.S. Departmen t o f the Treasury . All bond s signed by an agen t or attorney -in -fact must b e accompa nied by a sealed and dated power o f attorney which shall sho w tha t it is effective o n th e date th e agen t o r attorney-in-fact signed each bond. D. If th e surety o n any bon d furnishe d b y Contractor is declare d bankrupt o r becomes insolven t or its right to d o business is terminate d in th e State of Texa s o r it cease s to meet th e require ments of Paragrap h 5.02.C, Contractor shall pro mptly notify City and shall, within 30 days after th e event givin g rise to suc h notification , provide another bon d and surety , both o f which shall comply with th e require ments of Paragraphs 5.01 and 5.02.C. 5.03 Certificate s of Insurance Contracto r shall deliver to City , with copies to each additional insure d and loss payee identified in the Supplem entary Conditions, certificates o f insurance (other evidenc e of insurance requested b y City or any othe r additional insured ) in at least the minimum amount as specified in the Supplementary Conditions which Contracto r is required to purchase and maintain. 1 . Th e certif icate o f insurance shall document th e City, and all identif ied entitie s named in the Supple mentary Condition s a s “Additiona l Insured ” o n all liability policies. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 17 of 63 2 . Th e Contractor’s genera l liability insuranc e shall includ e a, “per project” o r “pe r location”, endorse ment, whic h shall be identifie d in th e ce rtificate of insuranc e provided to th e City. 3 . Th e certificate shall be signed by an agen t authorized to bin d coverage o n behalf o f the insured, b e complete in its entirety, and sho w complete insurance carrier nam es as liste d in the current A.M. Best Property & Casualty Guide 4 . Th e insurers for all policie s must b e licensed and/or approved to d o business in th e State of Texas. Excep t for workers’ compensation, all insurers must hav e a minimu m ratin g o f A-: VII in th e curren t A. M. Best Key Ratin g Guide o r hav e reasonably equivalent financial strength and solvency to th e satisfactio n of Risk Management. If th e ratin g is below that required , written approva l o f City is required. 5 . All applicable policie s shall includ e a Waiver of Subrogatio n (Rights of Recovery) in favor o f th e City. In addition , th e Contracto r agree s to waiv e all rights o f subrogatio n against the Engineer (if applicable), and each addition al insure d identified in th e Supplementary Conditions 6 . Failure of th e City to dem and such certificates o r othe r evidence of f ull complianc e with the insuranc e requirements o r f ailure of th e City to identif y a deficiency fro m evidence that is provided shall not b e construed as a waive r of Contractor’s obligatio n to maintain such lines o f insurance coverage. 7 . If insuranc e policie s are not written f o r specif ied coverage limits , a n Umbrella o r Excess Liability insuranc e f or any differences is required . Excess Liability shall f ollow f or m of the primary coverage. 8 . Unless otherwise stated, all required insurance shall b e written o n th e “occurrence basis”. If coverage is underwritte n on a claims-mad e basis, the retroactive date shall be coincident with o r prio r to th e date o f th e effective date of th e agreement and th e certificate o f insurance shall state that th e coverage is claims-made and th e retroactive date . Th e insurance coverage shall b e maintaine d for th e duratio n o f th e Con tract and for three (3) years followin g Final Acceptance provided under th e Contract Docu ments or for th e warranty period, whichever is longer. An annual certificate of insuranc e sub mitte d to th e City shall evidenc e such insuranc e coverage. 9 . Policies shall hav e n o exclusions b y endorsements, which , neither nullif y o r amend , the require d line s of coverage, nor decrease th e limits of said coverage unless suc h endorsements are approve d in writing b y th e City. In th e even t a Contract has been bid o r executed and the exclusions are determined to b e unacceptable o r th e City desires additional insurance coverage, and th e City desires th e contractor/engineer to obtain suc h coverage, th e contract pric e shall b e adjusted by th e cost o f th e premium for such additional coverage plus 10%. 10. An y self -insured retention (SIR), in excess of $25,000.00, affectin g require d insurance coverage shall b e approved b y th e City in regard s to asset value and stockholders' equity. In CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 18 of 63 lie u o f traditiona l insurance , alternativ e coverage maintained through insurance pools o r risk retentio n groups, must also b e approved b y City. 11. An y deductible in excess o f $5,000.00 , for any policy tha t does not provid e coverage o n a first-dolla r basis, must b e acceptable to and approved b y th e City. 12. City , at its sole discretion , reserves th e righ t to review th e insurance require ments and to make reasonable adjustm ents to insurance coverage’s and their limits when deemed necessary and pruden t b y th e City based upon change s in statutory law, court decisio n or the claims history o f th e industry as well as o f th e contracting party to th e City . Th e City shall b e required to provid e prior notice of 90 d ays , and the insurance adjustments shall be incorporated into th e Work b y Change Order. 13. City shall be entitled , upon written request and without expense, to receive copie s o f policies and endorsements thereto and may make any reasonable requests for deletion o r revision or modifications o f particula r policy term s, con ditions, limitations, or exclusions necessary to conform th e policy and endorse ments to th e require ments o f th e Contract. Deletions, revisions, o r m odifications shall not b e requ ired where polic y provision s are establishe d by law or regulation s binding upon eithe r party or the underwriter on any such policies. 14. City shall not be responsible for th e direct paym en t of insurance prem ium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensatio n and Employers’ Liability. Contracto r shall purchase and maintain such insurance coverage with limits consistent with statutory bene fits outline d in th e Texas Workers’ Com pensatio n Act (Texas Labor Code , Ch. 406, a s amended), and minimu m limits for Employers’ Liability as is appropriate f or th e Work being perfor med and as will provide protectio n fro m claims set forth belo w which may arise out o f o r result from Contractor’s performance o f th e Work and Contractor’s othe r obligation s under th e Contract Docu ments, whethe r it is to be performed by Contractor, any Subcontractor o r Supplier, or by anyone directly o r indirectly employed by any of the m to perform any of th e Work, o r by anyon e for whose acts an y o f them may be liable: 1 . claim s under workers’ com pensation, disability benefits, and othe r simila r employee benefit acts; 2 . claim s for dam age s because o f bodily injury , o ccupational sickness o r disease , o r death of Contractor’s e mployees. B. Commercia l General Liability. Coverage shall includ e but not b e limite d to coverin g liability (bodily injury or property damage ) arisin g fro m: pre mises/operations, independen t contractors, products/co mpleted operations, persona l injury , and liability under an insured contract. Insurance shall b e provided o n an occurrence basis, and a s comprehensive as th e curren t Insurance Services Offic e (ISO) policy . This insuranc e shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 19 of 63 insurance o r self -insurance progra ms afforded to th e City . Th e Co mmercial General Liability policy , shall hav e no exclusions by endorsem ents that would alter o f nullify premises/operations, products/co mpleted operations, contractual, personal injury , o r advertisin g injury , which are norm ally contained with the policy, unless th e City approve s suc h exclusion s in writing. Fo r constructio n projects tha t presen t a substa n tial completed operatio n exposure, th e City may require th e contractor to maintain completed operation s coverage for a m inimu m o f n o less than three (3) years followin g th e completion o f th e projec t (if identifie d in th e Supplementary Conditions). C. Automobile Liability. A commercial business auto polic y shall provide coverage o n “any auto”, define d as autos owned , hired and non-owned an d provid e indemnity for claim s for damages because bodily injury or death o f any person an d or property damage arising out of th e work, maintenance o r use o f any m oto r vehicle b y th e Contractor, any Subcontractor or Supplier, or by anyon e directly o r indirectly e m ployed b y any o f them to perform any of th e Work, o r by anyone for whose acts any of them may be liable. D. Railroa d Protectiv e Liability . If any o f th e work o r any warranty work is within th e limits of railroa d right-of -way, th e Contracto r shall comp ly with th e requirements identif ie d in the Supple mentary Conditions. E. Notificatio n o f Polic y Cancellation: Contractor shall immediately notif y City upon cancellation o r other loss o f insurance coverage . Contracto r shall sto p work until replace ment insurance has bee n procured . There shall b e n o time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objectio n to th e coverage afforde d b y o r other provision s of th e bonds or insurance require d to be purchased and maintained by th e Con tractor in accordance with Article 5 o n th e basis o f non-conformance with th e Contrac t Documents, th e City shall so notif y th e Contractor in writing within 1 0 Business Day s af ter receip t of th e certificates (o r othe r evidence requested). Contractor shall provid e to th e City such additional information in respect o f insuranc e provided a s th e City may reasonably request. If Contractor does not purchase o r maintain all o f th e bonds and insurance required b y th e Contract Documents, th e City shall notify th e Contractor in writin g o f suc h f ailure prio r to th e start of th e Work , o r of such failure to maintain prio r to any change in th e required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision an d Superintendence A. Contractor shall supervise, inspect, and direc t th e Work competently and efficiently , devoting such attentio n thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with th e Contract Docu ments. Contracto r shall b e solely responsible for the means, methods, techniques, sequences, and procedures o f construction. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 20 of 63 B. At all times durin g th e progress of th e Work , Contracto r shall assign a competent, English- speaking, Superintendent who shall not b e replace d withou t writte n notice to City . The Superintendent will be Contractor’s representative at th e Site and shall hav e authority to act on behalf o f Contractor. All communication give n to or receive d fro m th e Superintenden t shall be bindin g o n Contractor. C. Contracto r shall notify th e City 2 4 hours prio r to moving areas durin g th e sequence of construction. 6.02 Labor; Workin g Hours A. Contracto r shall provid e competent, suitably qualified personnel to perform construction as required b y th e Contrac t Docum ents. Contractor shall at all times maintain goo d disciplin e and orde r at th e Site. B. Excep t a s otherwise required for th e safety o r p rotection o f persons o r th e Work o r property at th e Site o r adjacen t thereto , and excep t a s otherwise stated in th e Contrac t Docu ments, all Work at th e Site shall b e perf ormed durin g Regular Workin g Hours. Contracto r will not permit the performance o f Work beyon d Regular Workin g Hours o r for Weeken d Working Hours without City’s written consen t (which will not b e unrea sonably withheld). Written request (b y letter or electronic communication ) to perform Work: 1 . for beyond Regular Working Hours request must be made b y noon at least two (2) Business Day s prior 2 . for Weekend Working Hours request must b e mad e b y noon of th e preceding Thursday 3 . for legal holiday s request must be made by noon two Business Day s prio r to th e legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in th e Contrac t Documents, Contractor shall provide and assume full responsibility for all services, m aterials, equip ment, labor, transportation, construction equipment and m achinery , tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, te mporary f acilities, and all other f acilities and incidentals necessary f o r th e perf ormance, Contracto r required testing, start-up, and completio n o f th e Work. B. All m aterials and equipmen t incorporate d into th e Work shall b e as specified or, if not specified, shall be of goo d quality and new, excep t as otherwise provided in th e Contrac t Docu ments. All specia l warranties and guarantees require d b y th e Specifications shall expressly ru n to th e benefit o f City . If require d b y City, Contracto r shall furnish satisfactory evidence (includin g reports of required tests) as to th e source , kind, and quality o f materials and equipment. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 21 of 63 C. All materials and equip ment to b e incorporate d into th e Work shall b e stored , applied, installed, connected , erected , protected , used, cleaned , and conditioned in accordanc e with instructions of th e applicable Supplier, excep t as otherwise ma y b e provided in th e Contract Documents. D. All ite m s of standard equipment to b e incorporated into th e Work shall b e th e latest m odel at the time of bid , unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to th e Project Schedu le established in accordance with Paragrap h 2.07 and th e General Requirements as it may be adjusted from time to time a s provided below. 1 . Contracto r shall sub mit to City for acceptanc e (to th e exten t indicated in Paragrap h 2.07 and th e General Require ments) propose d adjustm ents in th e Project Schedule tha t will not result in changin g th e Contract Time . Such adjustments will comply with any provision s o f the General Requirements applicable thereto. 2 . Contracto r shall submit to City a monthly Projec t Schedule with a monthly progress payment for th e duratio n o f th e Contrac t in accordance with th e schedule specificatio n 0 1 3 2 16. 3 . Propose d adjustments in th e Project Schedule that will change th e Contrac t Time shall be sub m itte d in accordance with th e require ments o f Article 12. Adjustments in Contract Time ma y only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Wheneve r an ite m of material o r equip ment is sp ecified o r describe d in th e Contract Documents b y usin g th e name o f a proprietary item o r th e name of a particula r Supplier, th e specification or descriptio n is intended to establish the type, function , appearance, and quality required. Unless the specificatio n or descriptio n contain s o r is followed b y word s reading that n o like, equivalent, or “or-equal” ite m o r n o substitutio n is perm itted , other ite m s o f materia l o r equip ment of other Suppliers may be submitte d to City for review under th e circumstances described below. 1 . “Or-Equal” Items: If in City’s sole discretio n an ite m o f material or equip ment proposed by Contracto r is functionally equal to that name d and sufficiently similar so tha t no change in relate d Work will b e required , it may b e conside red b y City as a n “or-equal” item, in which case review and approval o f th e propose d item may, in City’s sole discretion, be accomplished withou t complianc e with so m e o r all of th e require ments for approval of propose d substitute ite ms. Fo r th e purpose s o f this Paragrap h 6.05.A.1 , a proposed ite m of material o r equipment will b e considered functionally equal to an ite m so named if: a . th e City determines that: 1) it is at least equal in materials o f construction , quality, durability , appearance, strength , and design characteristics; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 22 of 63 2) it will reliably perf orm at least equally well th e f unctio n and achiev e th e results impose d b y th e design concept o f th e complete d Project as a functioning whole; and 3) it has a prove n record of performanc e and availability of responsive service ; and b . Contracto r certifies that, if approved and incorporated into th e Work: 1) there will be no increase in cost to th e City or increase in Contrac t Tim e; and 2) it will con f orm substantially to th e detailed requirements of th e item named in the Contrac t Documents. 2 . Substitute Items: a . If in City’s sole discretio n an ite m of material or equip men t proposed b y Contractor does not qualif y as an “or-equal” item under Paragrap h 6.05.A.1, it may b e sub mitte d as a proposed substitute ite m. b . Contracto r shall submit sufficient in for mation as provided belo w to allo w City to determin e if th e ite m o f material or equip ment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute ite ms of m aterial o r equip ment will not b e accepted b y City fro m anyone other than Contractor. c . Contracto r shall make written application to City for review o f a proposed substitute item of material o r equip ment tha t Contracto r seeks to f urnish o r use. Th e applicatio n shall comply with Section 01 2 5 0 0 and: 1) shall certif y that th e proposed substitute item will: a) perform adequately th e function s and achiev e th e results called f or b y th e general design; b ) b e sim ila r in substanc e to that specified; c) b e suited to th e same use as that specified; and 2) will state: a) th e extent, if any , to whic h th e use of th e proposed substitute item will prejudice Contractor’s achievement of final completio n o n time; b ) whether use o f th e proposed substitute ite m in th e Work will require a change in any of th e Contrac t Docu ments (o r in th e provision s o f any other direc t contract with City for other work o n th e Project) to adapt th e design to th e proposed substitute ite m; CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 23 of 63 c) whether incorporatio n o r use o f th e propose d substitute ite m in connection with th e Work is subject to paymen t of any license fee o r royalty; and 3) will identif y: a) all variation s o f the proposed substitute ite m fro m that specified; b ) available engineering, sales, maintenance, repair, and replacemen t services; and 4) shall contain an ite mized estimate of all costs o r credits that will result directly or indirectly f ro m use o f suc h substitute item, includin g costs o f redesign and Dam age Claims o f other contractors affected by any resultin g change. B. Substitute Constructio n Methods o r Procedures: If a specific m eans, m ethod, technique, sequence, o r procedure of construction is e xpressly required b y th e Contract Docu ments, Contracto r may furnish or utilize a substitute means, method, technique, sequence, o r procedure o f construction approved b y City . Contracto r shall sub mit sufficient in f ormation to allo w City , in City’s sole discretion , to determin e that th e substitute proposed is equivalent to that expressly calle d f or by th e Contract Documents. Contractor shall make written applicatio n to City f o r revie w in the same manne r a s those provide d in Paragraph 6.05.A.2. C. City’s Evaluation : City will b e allowed a reasonable tim e within whic h to evaluate each proposal o r subm itta l made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data abou t th e propose d substitute. City will b e th e sole judge of acceptability. No “or-equal” o r substitute will b e ordered , installe d o r utilize d until City’s review is complete, whic h will b e evidenced b y a Change Order in th e case o f a substitute and an accepted Submittal for an “or-equal.” City will advise Contracto r in writing o f its determination. D. Specia l Guarantee: City may require Contracto r to furnish at Contractor’s expense a special perf ormance guarantee, warranty, o r other surety with respect to any substitute. Contracto r shall indemnify and hold harmless City and anyone directly o r indirectly employed b y them fro m and against any and all claims, damages, losses and expenses (including attorneys fees) arisin g out of th e use o f substitute d materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluatin g a substitute proposed or sub mitted by Contracto r pursuant to Paragraph s 6.05.A.2 and 6.05.B. Whethe r o r not City approves a substitute so propose d or sub mitte d by Contractor, Contractor may b e required to reimburse City for evaluatin g each suc h proposed substitute . Contracto r may also b e required to reimburse City for th e charges for making change s in th e Contract Documents (o r in the provisions o f any other direct c ontract with City) resulting from th e acceptance o f each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support o f any propose d substitute or “or-equal” at Contractor’s expense. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 24 of 63 G. City Substitute Reimbursement: Costs (savings o r charges) attributable to acceptance o f a substitute shall b e incorporate d to th e Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, an d Others A. Contractor shall perform with his own organiza tion, work o f a valu e not less than 35% of the valu e embraced o n th e Contract, unless otherwise approved by th e City. B. Contracto r shall not employ any Subcontractor, Supplier, or other individua l o r entity , whether initially o r as a replace ment, against whom City may have reasonable objection . Contracto r shall not b e required to emplo y any Subcontractor, Supplier, o r other individual o r entity to f urnish or perform any o f th e Work against who m Contracto r has reasonable objection (excluding those acceptable to City a s indicate d in Paragraph 6.06.C). C. Th e City may f rom time to time require th e use of certain Subcontractors, Suppliers, o r other individuals o r entities o n th e project, and will provide such requirem ents in th e Supplementary Conditions. D. Minority Business Enterprise Compliance : It is City polic y to ensure th e f ull an d equitable participatio n b y Minority Business Enterprises (MBE) in the procure ment o f good s and services o n a contractual basis. If th e Contract Documents provide for a MBE goal, Contracto r is required to com ply with th e inten t of th e City’s MBE Ordinance (as a mended) b y th e following: 1 . Contracto r shall, upon request by City , provid e complete and accurate information regarding actual work performed b y a MBE on th e Contract and pay ment therefor. 2 . Contracto r will not make additions, deletion s, o r substitution s o f accepte d MBE without written consen t o f th e City . An y unjustif ied change o r deletio n shall be a materia l breach of Contrac t and may result in debarmen t in acco rdanc e with th e procedure s outlined in the Ordinance. 3 . Contractor shall, upon request b y City , allo w a n audit and/o r examinatio n o f any books, records, o r f ile s in th e possessio n o f th e Contracto r that will substantiate th e actual work performed by a n MBE. Material misrepresentatio n o f any nature will b e ground s for terminatio n of the Contrac t in accordance with Paragrap h 15.02.A. Any such misrepresentatio n may be grounds for disqualification o f Contracto r to bid o n future contracts with th e City for a period of not less than three years. E. Contracto r shall be fully responsible to City for all acts and o mission s o f th e Subcontractors, Suppliers, and other individuals or entities perf ormin g or f urnishing any o f th e Work just as Contracto r is responsible for Contractor’s o wn acts and o missions. Nothin g in th e Contract Docu ments: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 25 of 63 1 . shall create f o r th e bene f it o f any such Subcontractor, Supplier, o r other individual o r entity any contractual relationship betwee n City a nd any such Subcontractor, Supplie r o r other individua l o r entity; nor 2 . shall create any obligatio n o n th e part o f City to pay or to see to th e pay ment of any moneys due any such Subcontractor, Supplier, o r othe r individual or entity except as may otherwise be require d by Laws and Regulations. F. Contracto r shall b e solely responsible for schedulin g and coordinatin g th e Work of Subcontractors, Suppliers, and other individuals o r entitie s perfor min g or f urnishing any o f the Work unde r a direct o r indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entitie s perfor ming o r f urnishing any o f th e Work shall communicate with City through Contractor. H. All Work perf orm ed f or Contracto r by a Subcon tractor o r Supplie r will b e pursuan t to an appropriate agreement between Contracto r and the Subcontracto r o r Supplie r whic h specifically bind s th e Subcontractor o r Supplier to th e applicable term s and condition s o f th e Contract Docu ments for th e benefit o f City. 6.07 Wag e Rates A. Duty to pay Prevailin g Wag e Rates. Th e Contracto r shall comply with all requirements of Chapter 2258, Texas Governmen t Code (as a mended), including th e pay ment o f not less tha n the rates determined by th e City Council o f th e City o f Fort Worth to be th e prevailing wage rates in accordanc e with Chapte r 2258. Such prevailin g wage rates are include d in these Contract Docu ments. B. Penalty fo r Violation . A Contracto r or any Subcontracto r who does not pay th e prevailin g wage shall, upon demand made by th e City , pay to the City $60 for each worker employe d for each calenda r day o r part o f th e day tha t th e worke r is paid less than th e prevailing wage rates stipulated in these contrac t docu ments. This penalty shall b e retained by th e City to o ffse t its ad ministrative costs, pursuant to Texas Govern ment Code 2258.023. C. Complaints o f Violation s and City Determinatio n of Goo d Cause . On receipt o f information, includin g a com plain t b y a worker, conce rnin g an alleged violatio n of 2258.023 , Texas Govern men t Code , b y a Contractor or Subcontractor, th e City shall make an initial determination , before th e 31st day after th e date th e City receive s th e information , as to whether goo d cause exists to believ e that th e violatio n occurred . Th e City shall notif y in writing the Contracto r or Subcontracto r and any affected worker o f its initia l determination . Upon th e City’s determination that there is goo d cause to believ e th e Contracto r or Subcontractor has violated Chapter 2258, th e City shall retain th e full am ounts claim ed b y th e claim ant o r claimants as the difference between wage s paid and wage s due unde r th e prevailing wage rates, such amounts being subtracted fro m successive progress p ayments pending a fina l determination o f the violation. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 26 of 63 D. Arbitratio n Required if Violation No t Resolved. An issu e relating to an alleged violation of Section 2258.023, Texa s Governmen t Code, including a penalty owed to th e City o r an affected worker, shall be submitte d to bindin g arbitratio n in accordance with th e Texas General Arbitratio n Act (Article 224 et se q., Revised Statutes) if th e Contracto r o r Subcontractor and any affected worker does not resolv e th e issu e b y agree men t before th e 15th day after th e date the City make s its initial determination pursuan t to Paragrap h C above. If th e person s required to arbitrate under this sectio n d o not agree on an arbitrator before th e 11th day afte r th e date that arbitratio n is required, a distric t court shall appoin t a n arbitrator on th e petition o f any o f the persons. Th e City is not a party in th e arbitration. Th e decisio n and award o f th e arbitrator is final and bindin g o n all parties and ma y b e enforced in any court of competen t jurisdiction. E. Record s to b e Maintained. Th e Contracto r and each Subcontractor shall, for a perio d o f three (3) years following th e date of acceptance o f th e work , maintain records tha t show (i) th e name and occupation o f each worker employed by th e Contractor in th e construction o f th e Work provided f o r in this Contract; and (ii) th e actual per die m wages paid to each worker. Th e records shall be open at all reasonable hours for inspection by th e City. Th e provision s o f Paragrap h 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress pay ment o r payroll period , whichever is less, the Contracto r shall sub mit an affidavit statin g that th e Contractor has com plied with the requirements o f Chapter 2258, Texas Govern ment Code. G. Postin g of Wag e Rates. Th e Contractor shall post prevailing wage rates in a conspicuou s place at all times. H. Subcontractor Compliance. Th e Contractor shall includ e in its subcontracts and/o r shall otherwise require all o f its Subcontractors to comply with Paragraphs A through G above. 6.08 Paten t Fees and Royalties A. Contractor shall pay all license f ees and royalties and assu me all costs inciden t to th e use in the performance of th e Work o r th e incorporatio n in th e Work o f any invention, design , process, product, o r device which is th e subjec t o f patent rights o r copyrights held by others. If a particular invention , design , process, product, or device is specified in th e Contract Docu ments for use in th e performance o f th e Work and if, to th e actual knowledge of City , its use is subject to patent rights o r copyrights callin g for th e paym en t of any license fee o r royalty to others, the existenc e of such rights shall b e disclose d by City in th e Contract Docu ments. Failure o f th e City to disclose such information does not reliev e th e Contractor fro m its obligations to pay for the use o f said fees or royalties to others. B. To th e fullest exten t permitted b y Laws and Re gulations, Contractor shall indemnify and hold harmless City, fro m and against all claims, costs, losses, and damages (including but not limited to all fee s and charges of engineers, architects, attorneys, and othe r professionals and all court o r arbitratio n o r other dispute resolutio n costs) arising out o f o r relatin g to any infringement of paten t rights or copyrights incident to th e use in th e performance of th e Work o r resultin g from CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 27 of 63 th e incorporation in th e Work o f any invention , design, process, product, o r device not specified in th e Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contracto r shall obtain and pay for all construction permits and licenses excep t those provide d for in th e Supplementary Condition s or Contract Docu ments. City shall assist Contractor, when necessary, in obtainin g such permits and licenses. Contracto r shall pay all governm ental charges and inspectio n fees necessary for the prosecution of th e Work which are applicable at th e time o f openin g o f Bids, or, if there are n o Bids, on the Effective Date o f th e Agreement, except for p ermits provided by th e City as specified in 6.09.B. City shall pay all charge s of utility owners for connection s for providing permanent service to the Work. B. City obtaine d permits and licenses. City will obtain and pay f or all permits and licenses as provided for in th e Supple m entary Condition s or Contract Docu ments. It will b e th e Contractor’s responsibility to carry out th e provisions o f th e permit. If th e Contracto r initiates change s to the Contrac t and th e City approves th e changes, th e Contractor is responsible for obtaining clearances and coordinating with th e appropriate regulatory agency . Th e City will not reim burse the Contracto r for any cost associated with th ese require ments o f any City acquire d permit. The f ollowin g are permits th e City will obtain if required: 1 . Texa s Departm en t of Transportation Permits 2 . U.S. Army Corp s of Engineers Permits 3 . Texa s Co mmission o n Environmenta l Quality Permits 4 . Railroad Co mpan y Perm its C. Outstanding permits and licenses. Th e City anticipates acquisitio n of and/o r access to permits and licenses. An y outstandin g permits and licenses are anticipated to b e acquire d in accordance with th e schedule set forth in th e Supplementary Conditions. Th e Project Schedule sub mitte d by th e Contracto r in accordance with th e Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall giv e all notice s require d by an d shall comply with all Laws and Regulations applicable to th e performance o f th e Work . Excep t where otherwise expressly require d by applicable Laws and Regulations, th e City shall not be responsible for monitoring Contractor’s com pliance with any Laws o r Regulations. B. If Contractor performs any Work knowing o r having reason to kno w tha t it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, an d damages (includin g but not limited to all fees and charges o f engineers, arch itects, attorneys, and other professionals and all CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 28 of 63 court or arbitratio n o r othe r dispute resolutio n c osts) arisin g out o f o r relatin g to such Work. However, it shall not b e Contractor’s responsibility to make certain that th e Specifications and Drawings are in accordanc e with Laws and Regulations, but this shall not reliev e Contractor of Contractor’s obligation s unde r Paragraph 3.02. C. Change s in Laws or Regulation s not known a t the time of openin g o f Bids havin g an effect on th e cost o r time o f performanc e of th e Wor k may be th e subject of an adjustmen t in Contract Price o r Contract Time . 6.11 Taxes A. On a contract awarded b y th e City, an organization whic h qualifies for exemptio n pursuant to Texa s Ta x Code, Subchapter H, Section s 151.301-335 (as amended), th e Contractor may purchase, ren t o r lease all m aterials, sup p lie s and equipment used o r consu med in the performance o f this contrac t by issuin g to his supplie r an exem ptio n certif icate in lie u o f th e tax, said exemption certificate to comply with State Comptroller’s Rulin g .007 . Any such exemption certificate issued to th e Contracto r in lieu o f th e ta x shall b e subject to and shall comply with the provisio n o f State Com ptroller’s Rulin g .011 , and any other applicable rulings pertainin g to the Texa s Ta x Code, Subchapter H. B. Texas Ta x permits and information may b e obtained from: 1 . Co mptroller o f Public Accounts Sales Tax Division Capito l Station Austin , TX 78711 ; or 2 . http://www.window.state.tx.us/taxinfo/taxfor ms/93 -forms.html 6.12 Use of Site and Other Areas A. Limitatio n o n Use of Site and Other Areas: 1 . Contracto r shall confine construction equip ment, th e storage o f m aterials and equipment, and th e operation s o f workers to th e Site and o ther area s permitted b y Laws and Regulations, and shall not unreasonably encumber th e Site and other areas with construction equipmen t or other materials or equip ment. Contracto r shall assume full responsibility fo r any dam age to an y such lan d o r area, or to th e owne r or occupan t thereof, o r o f any adjacen t land o r areas resulting fro m th e performance o f th e Work. 2 . At any time when , in th e judgment o f th e City , the Contracto r has obstructed or close d o r is carryin g o n operation s in a portio n o f a street, right-of -way, o r easement greater than is necessary for proper execution o f th e Work, th e City may require th e Contractor to finish the sectio n o n which operation s are in progress b efore work is commenced o n any additional are a o f th e Site. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 29 of 63 3 . Should any Damage Claim b e made by any such owner o r occupan t because o f the performance o f th e Work , Contractor shall promptly attempt to resolv e th e Dam age Claim. 4 . Pursuan t to Paragraph 6.21, Contracto r shall indemnify and hold harmless City , fro m and against all claims, costs, losses, an d damages arising out o f o r relatin g to any claim or action, lega l or equitable, brought b y an y such owner or occupan t against City. B. Remova l o f Debris During Performance o f th e Work : Durin g th e progress of th e Work Contracto r shall keep th e Site and othe r areas free from accum ulations o f waste materials, rubbish, and other debris. Removal and disposal of suc h waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning : 24 hours after written notice is given to th e Contracto r tha t the clean -u p on th e jo b site is proceedin g in a manner unsatisfactory to th e City , if th e Contractor fails to correct th e unsatisfactory procedure, th e City may tak e such direc t action as th e City deems appropriate to correc t th e clean -u p deficiencie s cited to th e Contracto r in th e written notice (b y lette r or electronic communication), and th e costs of such direct action , plu s 2 5 % of such costs, shall b e deducte d from th e monies due o r to become due to th e Contractor. D. Fina l Site Cleaning : Prior to Final Acceptance o f th e Work Contractor shall clea n th e Site and th e Work and make it read y f or utilization by City or adjacent property owner. At th e completion o f th e Work Contracto r shall remove from th e Site all tools, appliances, construction equipment and machinery , and surplu s materials and shall restore to original condition o r bette r all property disturbed b y th e Work. E. Loadin g Structures: Contractor shall not load nor permit any part o f any structure to b e loaded in any m anner tha t will endanger th e structure, nor shall Contractor subjec t any part o f th e Work o r adjacen t property to stresse s or pressure s that will endange r it. 6.13 Record Documents A. Contracto r shall m aintain in a safe place at th e Site o r in a plac e designate d b y th e Contractor and approved b y th e City , one (1 ) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations an d clarification s in goo d order and annotated to sho w changes m ade durin g construction. These record docu ments together with all approved Sa m ples and a counterpart o f all accepte d Sub mittals will be available to City for reference. Upon com pletio n of th e Work , these record docu ments, any operatio n and m aintenance m anuals, and Subm ittals will b e delivered to City prio r to Final Inspection. Contracto r shall include accurate location s fo r buried and imbedded items. 6.14 Safety and Protection A. Contracto r shall be solely responsible for initiating, maintainin g and supervising all safety precautions and programs in connection with th e Work . Suc h responsibility does not relieve Subcontractors o f their responsibility for th e safety o f persons or property in th e performance of their work , nor f o r compliance with applicable safety Laws and Regulations. Contracto r shall CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 30 of 63 tak e all necessary precautions for th e safety o f , and shall provide th e necessary protectio n to preven t damage, injury o r loss to: 1 . all person s o n th e Site or who may be affected by th e Work; 2 . all th e Work and materials and equip men t to b e incorporated therein, whether in storage on o r of f th e Site; and 3 . other property at th e Site o r adjacen t thereto , includin g trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Undergroun d Facilities not designated for removal, relocation, o r replacemen t in th e course o f construction. B. Contracto r shall comply with all applicable Laws and Regulation s relating to th e saf ety of person s or property , or to th e protectio n of persons or property from dam age, injury, o r loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notif y owners o f adjacen t property and o f Undergroun d Facilities and other utility owners when prosecution o f th e Work m ay affect them, and shall cooperate with them in th e protection, removal, relocation, and replacemen t o f their property. C. Contracto r shall comply with th e applicable require ments of City’s safety programs, if any. D. Contracto r shall inform City of th e specific requirements of Contractor’s safety program, if any, with whic h City’s employees and representatives must comply while at th e Site. E. All dam age, injury , o r loss to any property referred to in Paragrap h 6.14.A.2 or 6.14.A.3 caused, directly o r indirectly , in whole o r in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly o r indirectly employed b y any o f them to perform any o f the Work, or anyon e for whose acts any o f them may b e liable, shall b e remedied by Contractor. F. Contractor’s duties and responsibilitie s for safety and for protection o f th e Work shall continue until such time as all th e Wor k is completed and City ha s accepted th e Work. 6.15 Safety Representative Contracto r shall inform City in writing of Contractor’s designated safety representativ e at th e Site. 6.16 Hazard Communicatio n Programs Contracto r shall b e responsible for coordinating any exchange o f material safety data sheets or other hazard comm unication information required to b e made available to or exchanged between or among employers in accordance with Laws o r Regulations. 6.17 Emergencies and/or Rectification A. In em ergencies affecting th e safety or protectio n o f persons o r th e Work or property a t th e Site or adjacen t thereto , Contractor is obligate d to act to preven t threatened damage, injury , or loss. Contracto r shall give City pro mp t written notice if Contracto r believe s tha t any signif icant CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 31 of 63 changes in th e Work or variations from th e Contract Documents hav e been caused thereb y or are required as a result thereo f . If City determines that a change in th e Contract Docu ments is required because o f th e action take n b y Contractor in response to suc h an emergency, a Change Order may b e issued. B. Should th e Contracto r fail to respon d to a request fro m th e City to rectif y any discrepancies, o missions, or correction necessary to conform with th e requirements o f th e Contract Docu ments, th e City shall giv e th e Contracto r written notice that such work or change s are to be perf ormed. Th e written notic e shall direct attentio n to th e d iscrepant condition and request th e Contractor to tak e re m edial actio n to correc t th e condition . In th e even t th e Contracto r does not tak e positive step s to fulfill this writte n request, o r does not sho w just cause for not takin g th e proper action, within 24 hours, th e City may tak e suc h remedial actio n with City forces or b y contract. Th e City shall deduct an a m ount equal to th e entire costs for suc h re medial action , plu s 25%, from any fund s due or beco me due th e Contracto r on th e Project. 6.18 Submittals A. Contracto r shall sub mit require d Sub mittals to City f or review and acceptance in accordance with th e accepte d Schedule o f Sub mittals (as required by Paragraph 2.07). Each sub mittal will be identifie d as City m ay require. 1 . Sub mit numbe r of copies specifie d in th e General Requirements. 2 . Data shown o n th e Sub mittals will be complete with respec t to quantities, dimensions, specified performance and design criteria , materials, and similar data to sho w City the services, materials, and equip ment Contractor proposes to provid e and to enable City to revie w the informatio n for th e limited purposes required by Paragraph 6.18.C. 3 . Sub mittals sub mitte d a s herein provided b y Contractor and reviewed by City for conformance with th e design concep t shall be execute d in con f or mity with th e Contract Docu ments unless otherwise required by City. 4 . When Sub mittals are sub mitted f o r th e purpose o f showing th e installatio n in greate r detail, their review shall not excuse Contracto r fro m requirements shown o n th e Drawings and Specifications. 5 . For-Information -Only sub m ittals upon which th e City is not expecte d to conduct review or tak e responsive action ma y b e so identified in th e Contract Documents. 6 . Sub mit required nu mber of Sa mples specified in th e Specifications. 7 . Clearly identif y each Sa mple a s to material, Sup plier, pertinen t data such as catalog numbers, th e use for which intended and othe r data a s City m ay require to enable City to review the sub m itta l for th e limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 32 of 63 B. Where a Submitta l is require d by th e Contrac t Documents o r th e Schedule o f Sub mittals, any relate d Work performe d prio r to City’s revie w and acceptance of th e pertinent sub m ittal will be at th e sole expense and responsibility o f Contractor. C. City’s Review: 1 . City will provid e timely review o f require d Submittals in accordance with th e Schedule of Sub mittals acceptable to City . City’s revie w and acceptance will be only to determin e if the ite ms covere d b y th e sub mittals will, af te r installation o r incorporation in th e Work , conform to th e in f ormation given in th e Contract Documents and b e compatible with th e design concept o f th e completed Projec t a s a functionin g whole as indicated by th e Contract Documents. 2 . City’s review and acceptanc e will not exten d to means, methods, techniques , sequences, or procedure s o f construction (except where a particular m eans, m ethod, technique, sequence, o r procedure o f construction is specifically and expressly called for by th e Contract Docu ments) or to safety precautions o r programs inciden t thereto. Th e review and acceptance o f a separate ite m as suc h will not indicate approva l o f th e asse m bly in whic h th e item functions. 3 . City’s revie w and acceptance shall not relieve Contractor from responsibility for any variatio n fro m th e require m ents of th e Contract Docu ments unless Contracto r has complied with th e require ments o f Sectio n 0 1 33 00 and City has given writte n acceptanc e o f each such variatio n b y specif ic written notatio n thereof incorporate d in or accompanying the Sub mittal. City’s revie w and acceptance shall not reliev e Contracto r fro m responsibility for complyin g with th e requirements of th e Contract Docum ents. 6.19 Continuin g th e Work Excep t as otherwise provided , Contractor shall carry o n th e Work and adhere to th e Project Schedule durin g all disputes o r disagree ments with City . No Work shall be delaye d o r postponed pending resolutio n o f any dispute s or disagree ments, excep t as City and Contracto r may otherwise agre e in writing. 6.20 Contractor’s Genera l Warranty and Guarantee A. Contracto r warrants and guarantees to City that a ll Work will b e in accordance with th e Contract Docu ments and will not b e def ective. City and its o fficers, directors, members, partners, employees, agents, consultants, and subcontractors shall b e entitled to rely o n representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunde r excludes defects o r damage caused by: 1 . abuse, modification , o r improper maintenance or operation b y persons other than Contractor, Subcontractors, Suppliers, or any othe r individua l or entity f o r whom Contracto r is responsible ; or CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 33 of 63 2 . normal wear and tear under normal usage. C. Contractor’s obligatio n to perform and complete th e Work in accorda nce with th e Contract Docu ments shall b e absolute . Non e o f th e f ollowin g will constitute an acceptance o f Work that is not in accordanc e with th e Contract Docum ents or a release o f Contractor’s obligatio n to perform th e Work in accordance with the Contract Docu ments: 1 . observations b y City; 2 . reco mmendatio n o r payment b y City of any progress o r final pay ment; 3 . th e issuance of a certificate of Final Acceptance b y City or any pay ment related thereto by City; 4 . use o r occupancy of th e Work or any part thereof b y City; 5 . any review and acceptance o f a Sub mitta l by City; 6 . any inspection , test, o r approva l b y others; or 7 . any correctio n of defectiv e Work by City. D. Th e Contracto r shall remedy any defects o r damage s in th e Work and pay for any damage to othe r work o r property resultin g therefrom whic h shall appea r within a perio d o f tw o (2 ) years fro m th e date o f Fina l Acceptanc e of th e Work unless a longe r perio d is specified and shall furnish a goo d and sufficient maintenance bond, co mplyin g with th e require m ents of Article 5.02.B. Th e City will giv e notic e of observed defects with reasonable promptness. 6.21 Indemnification A. Contracto r covenants and agrees to indemnify , hold harmless and defend, a t its own expense , the City , its officers, servants and employees, fro m and against any and all claims arising out of, o r alleged to arise out of, the work and service s to be performe d by the Contractor , its officers, agents, employees, subcontractors, license s o r invitee s unde r this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provisio n is intende d to include, without limitation, indemnity fo r costs, expense s and legal fee s incurred by the City in defending against such claims and causes o f actions. B. Contracto r covenants and agree s to indemnify and hold harmless, a t its o wn expense, the City, its officers, servants and employees, fro m and against any and all loss, damage or destruction o f property o f the City , arising out of, o r alleged to arise out of, the work and services to be performe d by the Contractor , its officers, agents, employees, subcontractors, licensee s or invitee s unde r this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegatio n of Professional Design Services A. Contractor will not b e required to provid e pro fe ssional design service s unless such services are specifically require d b y th e Contrac t Documents for a portion o f th e Work o r unless such services are required to carry out Contractor’s responsibilitie s for construction means, methods, techniques, sequence s and procedures. B. If professional design services o r certification s by a design professional related to systems, materials o r equip men t are specifically require d o f Contractor b y th e Contract Docu ments, City will specif y all perf ormance and design criteria tha t such service s must satisf y . Contractor shall cause such services o r certification s to b e provide d b y a properly licensed professional, whose signature and sea l shall appear o n all drawings, calculations, specifications, certifications, and Subm ittals prepare d b y such professional. Sub mittals relate d to th e Work designe d o r certified by such pro f essional, if prepare d b y others, shall bea r such pro f essional’s writte n approval when sub mitted to City. C. City shall b e entitled to rely upon th e adequac y, accurac y and com pleteness o f th e services, certification s o r approvals performed by such design professionals, provided City has specified to Contracto r performance and design criteria that such services mus t satisfy. D. Pursuan t to this Paragrap h 6.22 , City’s revie w and acceptance o f design calculations and design drawings will b e only f or th e limited purpose o f checking f o r conformance with performance and design criteria given and th e design concept expressed in th e Contract Documents. City’s review and acceptance o f Sub mittals (excep t design calcu lation s and design drawings) will b e only for th e purpose state d in Paragrap h 6.18.C. 6.23 Right to Audit A. Th e Contracto r agree s that th e City shall, u ntil th e expiratio n o f three (3 ) years a f ter f inal pay ment under this Contract, have access to and th e right to examin e and photocop y any directly pertinen t books, documents, papers, and records o f th e Contracto r involvin g transaction s relating to this Contract. Contractor agrees that th e City shall hav e access during Regular Working Hours to all necessary Contractor f acilities and shall be provide d adequate and appropriate work space in orde r to conduct audits in com pliance with th e provision s o f this Paragraph . Th e City shall giv e Contracto r reasonable advance notic e of intended audits. B. Contracto r further agrees to includ e in all its subcontracts hereunder a provisio n to th e effec t that th e subcontracto r agrees that th e City shall, until th e expiratio n of three (3) years a f ter f inal pay ment under this Contract, have access to and th e right to examin e and photocop y any directly pertinen t books, documents, papers, and record s o f suc h Subcontractor, involving transactions to th e subcontract, and further, that City shall hav e access during Regula r Workin g Hours to all CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 35 of 63 Subcontracto r f acilities, and shall b e provide d adequate and appropriate work space in order to conduc t audits in compliance with th e provision s o f this Paragraph . Th e City shall give Subcontracto r reasonable advance notice of intende d audits. C. Contracto r and Subcontractor agre e to photocopy such docu ments as may be requested by the City. Th e City agrees to reimburse Contracto r for th e cost of th e copie s as follows at th e rate published in th e Texas Administrative Cod e in effect as o f th e time copying is performed. 6.24 Nondiscrimination A. Th e City is responsible for operatin g Public Transportation Program s and implementing transit- relate d projects, whic h are funde d in part with Federal financial assistance awarde d b y th e U.S. Departm ent of Transportatio n and th e Federa l Transit Administratio n (FTA), without discriminating against any person in th e Unite d States on th e basis o f race, color, o r national origin. B. Title VI, Civil Rights Act o f 1964 a s amended: Contractor shall compl y with th e requirements of th e Act and th e Regulation s a s further defined in th e Supple mentary Conditions for any project receivin g Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Relate d Work at Site A. City ma y perform othe r work related to th e Project at th e Site with City’s employees, o r other City contractors, o r through other direct contracts therefor, or have other work performed by utility owners. If suc h othe r work is not note d in th e Contract Docu ments, the n written notice thereof will b e given to Contractor prior to starting any such other work; and B. Contracto r shall afford each other contractor wh o is a party to such a direc t contract, each utility owner, and City , if City is performin g other work with City’s employees o r other City contractors, prope r and safe access to th e Site , provide a reasonable opportunity for the introduction and storage o f m aterials and equip men t and th e executio n of such other work , and properly coordinate the Work with theirs. Contracto r shall d o all cutting, fitting, and patchin g of th e Work that may be required to properly connect o r otherwise m ake its severa l parts come together and properly integrate with suc h other work . Contracto r shall not endanger any work of others b y cutting, excavating, o r otherwise altering such work; provided, however, that Contracto r m ay cut or alter others' work with th e written consent o f City and th e others whose work will b e affected. C. If th e proper execution o r results o f any part o f Contractor’s Wor k depends upon work performed b y others under this Article 7, Contracto r shall in spect such othe r work and pro m ptly report to City in writin g any delays, defects, or deficiencies in such othe r work tha t render it unavailable o r unsuitable fo r th e proper execution and results o f Contractor’s Work. Contractor’s failure to so report will constitute an acceptanc e o f such othe r work as fit and prope r for integratio n with Contractor’s Wor k except for latent defects in the work provided b y others. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 36 of 63 7.02 Coordination A. If City intend s to contract with others f o r th e performance o f other work o n th e Projec t at the Site, th e following will be set forth in Supplementary Conditions: 1 . th e individua l or entity who will hav e autho rity and responsibility for coordination o f the activitie s among th e various contractors will b e identified; 2 . th e specific matters to b e covered b y such authority and responsibility will b e ite mized ; and 3 . th e exten t o f suc h authority and responsibilities will b e provided. B. Unless otherwise provided in th e Supple mentary Conditions, City shall hav e authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Excep t as otherwise provided in th e Supplementary Conditions, City shall issu e all communications to Contractor. 8.02 Furnish Data City shall timely furnish th e data required under th e Contract Documents. 8.03 Pa y When Due City shall m ake payments to Contracto r in accordance with Article 14. 8.04 Land s and Easements; Reports an d Tests City’s dutie s with respec t to providin g land s an d ease ments and providing engineering surveys to establish reference points are set forth in Paragraph s 4.01 and 4.05 . Paragrap h 4.0 2 refers to City’s identifying and makin g available to Contracto r copies o f reports of exploration s and tests of subsurface condition s and drawings of physical conditions relating to existin g surface or subsurface structures at o r contiguou s to th e Site that hav e bee n utilize d b y City in preparing th e Contract Docum ents. 8.05 Chang e Orders City shall execute Change Orders in accordance with Paragrap h 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respec t to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 37 of 63 8.07 Limitation s o n City’s Responsibilities A. Th e City shall not supervise, direct, o r hav e contro l or authority over, nor b e responsible for, Contractor’s means, methods, techniques, sequence s, or procedure s o f construction , or th e safety precautions and programs incident thereto, o r for an y failure o f Contractor to com ply with Laws and Regulation s applicable to th e performance of th e Work . City will not b e responsible for Contractor’s failure to perform th e Wor k in accordanc e with th e Contract Documents. B. City will notif y th e Contractor o f applica ble safety plans pursuant to Paragrap h 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respec t to an undisclosed Hazardous Environmental Condition is set forth in Paragrap h 4.06. 8.09 Complianc e with Safety Program While a t th e Site, City’s employees and representa tives shall comply with th e specific applicable require ments of Contractor’s safety programs o f which City has been in formed pursuant to Paragrap h 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Projec t Manager City will provid e one o r more Project Manager(s) durin g th e constructio n period . Th e duties and responsibilitie s and th e limitation s o f authority o f City’s Project Manager during construction are set f orth in th e Contrac t Docu ments. The City’s Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City’s Project Manager will make visits to th e Site at intervals appropriate to th e various stages o f constructio n as City deems necessary in order to observ e th e progress tha t has been made and th e quality o f th e variou s aspects o f Contractor’s executed Work . Based on in f ormation obtaine d during suc h visits and observations, City’s Project Manager will determine, in general, if th e Work is proceed ing in accordance with th e Contract Docu ments. City’s Project Manager will not b e required to make exhaustiv e o r continuous inspections o n th e Site to check th e quality or quantity of the Work . City’s Projec t Manager’s efforts will b e directed toward providing City a greate r degre e o f con f idence that th e completed Work will conf orm generally to th e Contract Docu ments. B. City’s Project Manager’s visits and observations are subjec t to all th e limitations on authority and responsibility in th e Contrac t Docu ments includin g those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 38 of 63 9.03 Authorize d Variation s in Work City’s Project Manager may authorize mino r variations in th e Work fro m th e require ments of the Contrac t Docu ments which d o not involve an adjustmen t in th e Contract Pric e o r th e Contract Time and are com patible with th e design concep t o f th e complete d Project as a functioning whole as indicate d by th e Contract Docu ments. These may b e accom plishe d b y a Field Order and will be bindin g o n City and also on Contractor, who shall perform th e Work involved promptly. 9.04 Rejectin g Defective Work City will hav e authority to reject Work which City ’s Project Manager believes to b e defective, or will not produc e a completed Project that con for ms to th e Contrac t Docu ments or that will prejudic e th e integrity of th e design concep t o f th e completed Project as a functioning whole as indicate d b y the Contrac t Docu ments. City will hav e authority to conduct special inspection or testin g o f th e Work as provided in Article 13, whether o r not th e Work is fabricated, installed, or completed. 9.05 Determination s fo r Work Performed Contracto r will determ in e th e actual quantities and classifications o f Work perfor med. City’s Project Manager will review with Contractor th e preliminary determinations on such matters before rendering a written reco mmendation. City’s written decision will b e fina l (except as modifie d to reflect changed factual conditions o r mor e accurate data). 9.06 Decision s o n Requirements o f Contrac t Documents and Acceptability of Work A. City will be th e initia l interpreter of th e require ments o f th e Contract Docu ments and judge of the acceptability of th e Work thereunder. B. City will render a written decisio n o n any issu e referred. C. City’s written decisio n on th e issu e ref erred will b e f inal and bindin g o n th e Contractor, subject to th e provisions of Paragraph 10.06. ARTICLE 1 0 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.0 1 Authorized Changes in th e Work A. Withou t invalidatin g th e Contract and without notice to any surety , City may , at any time or from time to time, order Extra Work . Upo n notice o f such Extra Work , Contracto r shall pro mptly procee d with th e Work involved which will b e p erforme d under th e applicable condition s of the Contrac t Docu ments (excep t as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. Fo r mino r change s of Work not requirin g changes to Contract Time o r Contrac t Price, a Field Orde r m ay be issued b y th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 39 of 63 10.0 2 Unauthorize d Changes in th e Work Contracto r shall not b e entitled to a n increase in th e Contract Pric e o r a n extensio n o f th e Contract Time with respect to any work performed that is not required b y th e Contract Documents as amended, modified, or supplemented as provide d in Paragrap h 3.04 , except in th e case o f an e m ergency as provided in Paragraph 6.17. 10.0 3 Executio n o f Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1 . change s in th e Work which are: (i) ordered b y City pursuant to Paragrap h 10.01.A, (ii) required because o f acceptance o f defectiv e Work under Paragrap h 13.0 8 o r City’s correction of defective Work under Paragrap h 13.09, or (iii) agreed to by th e parties; 2 . change s in th e Contract Pric e o r Contrac t Time which are agreed to b y th e parties, including any undispute d sum or am ount o f tim e for Work actually performed. 10.0 4 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, o r as to th e payment thereof , and th e City insists upo n its performance, th e Contracto r shall proceed with th e work after makin g writte n request fo r written orders and shall keep accurate account o f th e actual reasonable cost thereof. Contract Claims rega rdin g Extra Work shall be m ad e pursuan t to Paragraph 10.06. B. Th e Contracto r shall f urnish th e City such installation record s of all deviations from th e original Contrac t Docu ments as may be necessary to enable th e City to prepare for perm anent record a corrected set o f plans showing th e actua l installation. C. Th e compensatio n agree d upon for Extra Work whether o r not initiate d b y a Change Order shall b e a f ull, complete and f inal pay ment f o r all costs Contractor incurs as a result o r relatin g to the change o r Extra Work , whether said costs are known , unknown, foreseen o r unforeseen at that time , includin g withou t limitation, any costs for delay, extended overhead , ripple or impac t cost, o r any othe r effec t o n changed o r unchanged work as a result o f th e change or Extra Work. 10.0 5 Notificatio n to Surety If th e provisions o f any bon d require notice to b e give n to a surety o f any change affecting the general scop e o f th e Work o r th e provision s o f th e Contrac t Docu ments (including, but not limited to, Contrac t Price or Contract Time), th e giving o f any such notice will be Contractor’s responsibility. Th e amount o f each applicable bond will b e adjuste d b y th e Contracto r to reflect the effect of any such change. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 40 of 63 10.0 6 Contract Claims Process A. City’s Decisio n Required : All Contract Claims, excep t those waived pursuant to Paragraph 14.09 , shall b e referre d to th e City for decision. A decisio n b y City shall be require d a s a condition precedent to any exercise by Contractor o f any rights o r re m edies h e m ay otherwise hav e under th e Contract Docu ments o r b y Laws and Regulation s in respect of such Contract Claims. B. Notice: 1 . Written notic e statin g th e general nature of each Contract Claim shall be delivered b y the Contracto r to City n o later tha n 15 day s after th e start o f th e even t giving rise thereto . The responsibility to substantiate a Contrac t Claim shall rest with th e party makin g th e Contract Claim . 2 . Notic e o f th e a m ount or extent of th e Contract Claim , with supporting data shall b e delivered to th e City o n o r before 4 5 day s from th e start o f th e event givin g rise thereto (unless th e City allows additional time for Contractor to sub m it additional o r more accurate data in support of such Contract Claim). 3 . A Contract Claim for an adjustment in Contrac t Price shall be prepare d in accordanc e with th e provisions o f Paragraph 12.01. 4 . A Contract Claim for an adjustment in Contract Time shall be prepare d in accordanc e with th e provisions o f Paragraph 12.02. 5 . Each Contrac t Claim shall b e accompanied by Contractor’s writte n statement tha t the adjustment claimed is th e entire adjustment to whic h th e Contracto r believes it is entitled as a result of said event. 6 . Th e City shall sub mit any response to th e Con tracto r within 3 0 day s after receip t o f the claim ant’s last submitta l (unless Contract allows additional time). C. City’s Actio n: City will revie w each Contract Claim and , within 3 0 day s after receip t of th e last sub mittal of the Contractor, if any, take one o f th e followin g actions in writing: 1 . den y th e Contract Claim in whole o r in part; 2 . approve th e Contract Claim; or 3 . notif y th e Contracto r tha t th e City is unable to resolv e th e Contrac t Claim if , in th e City’s sole discretion, it would be inappropriate for th e City to do so . Fo r purposes o f further resolutio n o f th e Contract Claim, such notice shall be deem ed a denial. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 41 of 63 D. City’s written actio n under Paragrap h 10.06.C will b e fina l and binding, unless City or Contracto r invok e th e dispute resolution procedure set forth in Article 1 6 within 3 0 day s of such actio n o r denial. E. No Contract Claim f o r an adjustment in Contrac t Price or Contract Time will b e valid if not sub mitted in accordance with this Paragraph 10.06. ARTICLE 1 1 – COST OF TH E WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.0 1 Cost of th e Work A. Costs Included: Th e term Cost of th e Work means th e sum o f all costs, except those excluded in Paragrap h 11.01.B, necessarily incurred and paid b y Contractor in th e proper perform ance of the Work . When th e valu e o f any Work covered b y a Change Order, th e costs to b e reimburse d to Contracto r will b e only those additional o r incre mental costs required because of th e change in the Work . Suc h costs shall not includ e any o f th e costs ite mized in Paragrap h 11.01.B, and shall includ e but not b e limited to the following ite ms: 1 . Payroll costs for e mployees in th e direct emp lo y o f Contracto r in th e performance of the Work under schedules o f jo b classification s agreed upon by City and Contractor. Such e m ployees shall include , withou t limitation , superintendents, fore men, and other personnel e m ployed full time o n th e Work. Payroll costs for employees not employed full time o n the Work shall b e apportione d o n th e basis o f their time spen t o n th e Work. Payroll costs shall include; a . salaries with a 55% m arkup , or b . salaries and wage s plu s th e cost of fringe benefits, which shall include social security contributions, unemployment, excise , and pay roll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacatio n and holiday pay applicable thereto. Th e expense s o f performing Work outsid e o f Regula r Working Hours, Weekend Working Hours, o r legal holidays, shall b e in cluded in th e above to th e exten t authorized by City. 2 . Cost o f all materials and equipmen t furnished and incorporated in th e Work, including costs o f transportatio n and storage thereof , and Suppliers’ field services required in connection therewith. 3 . Rentals of all construction equipmen t and m achinery , and th e parts thereo f whether rented fro m Contractor o r others in accordance with rental agreements approved b y City, and the costs o f transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall b e in accordance with th e terms o f said renta l agreements. Th e rental of any such equip ment, machinery , o r parts shall cease whe n th e use thereo f is n o longer necessary for th e Work. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 42 of 63 4 . Pay ments made b y Contracto r to Subcontractors for Work perform ed b y Subcontractors. If require d by City , Contracto r shall obtain competitive bids f rom subcontractors acceptable to City and Contracto r and shall deliver suc h bid s to City , who will then determine, which bids, if any , will b e acceptable. If any subcontrac t provide s that th e Subcontractor is to be paid on th e basis o f Cost of th e Work plus a fee, th e Subcontractor’s Cost of th e Work and fee shall b e determine d in th e same m anne r as Contractor’s Cost o f th e Work and fee a s provided in this Paragrap h 11.01. 5 . Costs o f specia l consultants (includin g but not limite d to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to th e Work. 6 . Supple mental costs including th e following: a . Th e proportion o f necessary transportation , travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with th e Work. b . Cost, includin g transportation and m aintenance, o f all materials, supplies, equipment, m achinery, appliances, office, and te mporary f acilities at th e Site, and han d tools not owned by the workers, whic h are consumed in the performance o f the Work , an d cost, less m arke t value , of suc h ite ms use d but not consu med whic h remain th e property of Contractor. c . Sales, consu mer , use , and other simila r taxes related to th e Work , and for which Contracto r is liable not covere d under Paragrap h 6.11 , as imposed b y Laws and Regulations. d . Deposits lost for cause s othe r than negligence of Contractor, any Subcontractor, or anyon e directly o r indirectly e mploye d b y any of the m o r for whose acts any o f them may be liable, and royalty pay ments and fees for permits and licenses. e . Losse s and damage s (an d related expenses) caused by damage to th e Work , not compensated by insuranc e or otherwise, sustained by Contracto r in connectio n with the performanc e of th e Work , provided such losses and damages hav e resulted fro m causes othe r than th e negligenc e o f Contractor, any Subcontractor, o r anyone directly or indirectly employe d b y any o f the m or for whose acts any o f them may be liable. Such losse s shall includ e settlements made with th e written consen t and approval of City . No suc h losses, damages, and expense s shall b e include d in th e Cost o f th e Work f or the purpose of determinin g Contractor’s fee. f . Th e cost o f utilities, fuel, and sanitary facilities at th e Site. g. Minor expense s such as telegra ms, lon g distance telephon e calls, telephone and communication services a t th e Site, express and courier services, and sim ila r petty cash ite ms in connection with th e Work. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 43 of 63 h . Th e costs of premium s fo r all bonds and insuranc e Contractor is required b y th e Contract Docu ments to purchase and maintain. B. Costs Excluded : The term Cost of th e Work shall not include any o f the following ite ms: 1 . Payroll costs and othe r compensatio n o f Contractor’s officers, executives , principals (of partnerships and sole proprietorships), genera l managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasin g and contractin g agents, expediters, tim ekeepers, clerks, and other personnel employed by Contractor, whether at the Site o r in Contractor’s principal or branc h o ffice for general administration o f th e Work and not specifically included in th e agreed upon schedule o f jo b classification s referred to in Paragrap h 11.01.A.1 or specifically covered by Paragrap h 11.01.A.4, all o f which are to be considered adm inistrativ e costs covere d b y th e Contractor’s fee. 2 . Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3 . An y part o f Contractor’s capital expenses, includin g interest o n Contractor’s capital e m ployed fo r th e Work and charges against Contractor for delinquent payments. 4 . Costs due to th e negligenc e o f Contractor, any Subcontractor, o r anyon e directly o r indirectly e m ployed b y any o f the m o r for whose acts an y of them may b e liable, includin g but not limite d to , th e correctio n o f defectiv e Work , disposa l o f materials o r equip ment wrongly supplied , and m aking goo d any damage to property. 5 . Other overhead or general expense costs o f any kind. C. Contractor’s Fee: When all th e Work is performed on th e basis o f cost-plus, Contractor’s fee shall be determined as set f orth in th e Agreement. When th e valu e of any Work covered by a Change Order for an adjustment in Contrac t Price is determined o n th e basis o f Cost o f the Work , Contractor’s fee shall b e determined as set forth in Paragrap h 12.01.C. D. Documentation : Whenever th e Cost o f th e Work for any purpose is to be determined pursuant to Paragraph s 11.01.A and 11.01.B, Contracto r will establish and maintain record s thereo f in accordanc e with generally accepted accounting practices and submit in a form acceptable to City an ite m ize d cost breakdown together with supportin g data. 11.0 2 Allowances A. Specified Allowance: It is understoo d that Contracto r h as include d in th e Contrac t Price all allowance s so name d in th e Contract Docu ments and shall cause th e Work so covered to be perf orme d f or such sums and b y such person s o r entities as may b e acceptable to City. B. Pre-bid Allowances: 1 . Contracto r agrees that: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 44 of 63 a . th e pre-bid allowances include th e cost to Contracto r of materials and equipment required by th e allowances to b e delivered at th e Site, and all applicable taxes; and b . Contractor’s costs for unloadin g and handlin g on th e Site, labor, installation , overhead, profit, and other expense s contemplated for th e pre-bid allowances hav e bee n included in th e allowances , and n o demand for additional pay ment o n account o f any o f the f oregoing will be valid. C. Contingenc y Allowance: Contractor agrees tha t a contingency allowance, if any , is for th e sole use o f City. D. Prio r to fina l pay ment, an appropriate Change Order will b e issued to reflect actual amounts due Contracto r on accoun t o f Work covered b y allo wances, and th e Contract Pric e shall be correspondingly adjusted. 11.0 3 Unit Price Work A. Where th e Contrac t Docum ents provide that all o r part of th e Work is to b e Unit Price Work, initially th e Contract Pric e will b e dee med to includ e for all Unit Pric e Work an amount equal to th e sum o f th e unit price for each separately identified item o f Unit Pric e Work times the estimated quantity of each ite m a s indicate d in th e Agreement. B. Th e estimated quantitie s of item s of Unit Price Work are not guarantee d and are solely f o r the purpose o f compariso n of Bid s and determinin g an initial Contract Price. Determinations o f the actua l quantities and classification s of Unit Price Work performed b y Contracto r will b e made by City subjec t to th e provisions of Paragraph 9.05. C. Each unit price will b e deem ed to include an amount considere d b y Contractor to b e adequate to cove r Contractor’s overhea d and profit for each separately identified ite m . Work describe d in the Contrac t Docu ments, o r reasonably inferre d a s required for a functionally complete installation, but not identifie d in th e listin g o f unit price ite ms shall be considered incidenta l to unit price work listed and th e cost o f incidenta l work included as part o f th e unit price. D. City m ay make an adjustmen t in th e Contract Price in accordance with Paragraph 12.01 if: 1 . th e quantity o f any ite m o f Unit Price Work perf ormed b y Contractor differs materially and signif icantly f rom the estimated quantity o f such item indicated in th e Agreement; and 2 . there is n o correspondin g adjustment with respect to any othe r item of Work. E. Increased o r Decreased Quantities: Th e City reserves th e righ t to order Extra Work in accordanc e with Paragrap h 10.01. 1 . If th e change s in quantitie s o r th e alteration s d o not signif icantly change th e character of work under th e Contrac t Docu ments, th e altered work will be paid for at th e Contrac t unit price. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 45 of 63 2 . If th e change s in quantitie s o r alteration s signif icantly change th e characte r o f work , the Contrac t will b e amended b y a Change Order. 3 . If n o unit prices exist, this will b e considered Extra Work and th e Contract will be amended b y a Change Order in accordance with Article 12. 4 . A significan t change in th e character of work occurs when: a . th e character o f work for any Item a s altered d iffers m aterially in kin d o r nature from that in th e Contrac t or b . a Majo r Item o f work varie s by mor e than 25% from th e origina l Contrac t quantity. 5 . When th e quantity of work to b e done under any Majo r Item o f th e Contrac t is more than 125% of th e original quantity sta ted in th e Contract, then either party to th e Contrac t ma y request an adjustment to th e unit price o n th e portion of th e work that is abov e 125%. 6 . When th e quantity o f work to b e done unde r any Majo r Ite m of th e Contract is less than 75% o f th e original quantity state d in th e Contract, then eithe r party to th e Contract m ay request a n adjustmen t to th e unit price. 11.0 4 Plan s Quantity Measurement A. Plans quantitie s m ay o r may not represen t th e ex act quantity o f work perfor med o r m aterial moved, handled , o r placed durin g th e executio n o f th e Contract. Th e estimated bid quantitie s are designate d as final payment quantities, unless revised b y th e governin g Section o r this Article. B. If th e quantity m easured as outline d under “Price and Pay ment Procedures” varies b y more than 25% (o r as stipulated under “Pric e and Pay ment Procedures” for specific Items) fro m th e total estim ate d quantity f o r an individual Item originally shown in th e Contract Docu ments, an adjustment may b e made to th e quantity o f authorized work don e for pay ment purposes. The party to th e Contrac t requestin g th e adjustm ent will provid e f ield measurements and calculations showin g th e f inal quantity f or which pay ment will be made. Payment f or revised quantity will be made at th e unit price bid for that Ite m, except as provide d for in Article 10. C. When quantities are revised by a change in design approved by th e City , by Change Order, or to correc t an error, o r to correct a n erro r on th e plans, th e plan s quantity will b e increase d or decreased b y th e a m ount involved in th e change, and th e 25% varianc e will apply to th e new plans quantity. D. If th e tota l Contrac t quantity multiplie d b y th e unit price bid f o r an individual Item is less than $250 and th e Item is not originally a plan s quantity Item, the n th e Ite m may b e paid as a plans quantity Item if th e City and Contracto r agree in writin g to f ix th e f inal quantity as a plans quantity. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 46 of 63 E. Fo r callou t work o r non-site specific Contracts, th e plan s quantity measurement require ments are not applicable. ARTICLE 1 2 – CHANGE O F CONTRACT PRICE; CHANGE O F CONTRACT TIME 12.0 1 Change of Contract Price A. Th e Contract Price may only be changed by a Change Order. B. Th e valu e o f any Wor k covered by a Change Orde r will b e determined as follows: 1 . where th e Work involved is covered by unit price s contained in th e Contract Docu ments, by applicatio n o f such unit prices to th e quantities of th e ite ms involved (subject to the provisions o f Paragrap h 11.03); or 2 . where th e Work involved is not covered b y unit prices contained in th e Contract Docu ments, b y a mutually agreed lu mp sum o r unit price (which may include a n allowance for overhead and profit not necessarily in accordance with Paragrap h 12.01.C.2), and shall include th e cost o f any secondary impacts that are foreseeable at th e time of pricin g th e cost o f Extra Work; or 3 . where th e Work involved is not covered by unit price s contained in th e Contract Documents and agreement to a lu mp sum o r unit pric e is not reache d under Paragraph 12.01.B.2 , on the basis of th e Cost o f th e Work (determined a s provided in Paragrap h 11.01 ) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: Th e Contractor’s additional fee fo r overhead and profit shall b e determined as f ollows: 1 . a mutually acceptable fixed fee ; or 2 . if a fixed fee is not agreed upon, then a fee b ased on th e following percentage s o f th e various portion s o f th e Cost o f th e Work: a . for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3 , the Contractor’s additional fe e shall b e 1 5 percent except for: 1) renta l fees for Contractor’s own equipment usin g standard rental rates; 2) bonds and insurance; b . for costs incurred under Paragraph 11.01.A.4 an d 11.01.A.5, th e Contractor’s fee shall be fiv e percen t (5%); 1) where one o r more tiers o f subcontracts are o n th e basis o f Cost o f th e Work plu s a fee and no fixe d fee is agreed upon, th e inten t o f Paragraph s 12.01.C.2.a and 12.01.C.2.b is that th e Subcontracto r who actually performs th e Work , at whatever CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 47 of 63 tier, will be paid a fee o f 1 5 percent of th e costs incurred b y suc h Subcontractor under Paragraph s 11.01.A.1 and 11.01.A.2 and that any higher tie r Subcontractor and Contracto r will each b e paid a fee o f fiv e percen t (5%) o f th e amoun t paid to th e next lower tier Subcontractor, howeve r in no case shall th e cumulative total o f fees paid be in excess o f 25%; c . n o fee shall b e payable o n th e basis o f costs item ize d under Paragraph s 11.01.A.6 , and 11.01.B; d . th e amount o f credit to b e allowe d b y Contracto r to City for any change whic h results in a net decrease in cost will b e th e amount of th e actual net decrease in cost plus a deduction in Contractor’s fee b y an a mount equal to five percent (5%) o f such net decrease. 12.0 2 Change of Contract Time A. Th e Contract Time ma y only b e changed by a Change Order. B. No extension o f th e Contract Time will b e allo we d for Extra Wor k or for claimed dela y unless the Extra Work contemplated o r claimed delay is shown to b e o n th e critical path of th e Project Schedule o r Contracto r can show by Critical Path Metho d analysis how th e Extra Work or claimed delay adversely affects the critical path. 12.0 3 Delays A. Where Contracto r is reasonably delayed in th e performance o r completio n of any part of the Work within th e Contract Time due to delay b eyon d th e contro l o f Contractor, th e Contract Time may be extended in an amount equa l to th e time lost due to such delay if a Contrac t Claim is made therefor. Delay s beyond th e contro l o f Contractor shall include, but not b e lim ite d to , acts o r neglec t by City , acts o r neglect o f utility owners o r other contractors performing other work as conte mplate d b y Article 7, fires, floods, epidemics, abnorm al weathe r conditions, or acts of God. Such an adjustment shall b e Contractor’s sole and exclusiv e remedy for th e delay s describe d in this Paragraph. B. If Contracto r is delayed, City shall not b e liable to Contracto r for any claims, costs, losses, or dam age s (includin g but not limite d to all fees and ch arges of engineers, architects, attorneys, and othe r professionals and all court or arbitratio n o r othe r dispute resolutio n costs) sustained by Contracto r on or in connectio n with any other projec t o r anticipated project. C. Contracto r shall not b e entitled to an adjustm ent in Contrac t Price o r Contract Time f or delays within th e contro l o f Contractor. Delay s attributable to and within th e control o f a Subcontractor o r Supplie r shall b e deemed to b e delay s within the control o f Contractor. D. Th e Contracto r shall receive no compensatio n for delay s o r hindrances to th e Work , except when direc t and unavoidable extra cost to th e Contractor is caused b y th e failure o f th e City to provide information or material, if any , which is to b e furnished b y th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 48 of 63 ARTICLE 1 3 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL O R ACCEPTANCE OF DEFECTIVE WORK 13.0 1 Notice o f Defects Notice o f all defective Work o f which City has actual knowledge will be given to Contractor. Defectiv e Work may be rejected , corrected, o r accepted as provided in this Article 13. 13.0 2 Access to Work City , independen t testin g laboratories, and govern mental agencies with jurisdictiona l interests will hav e access to th e Site and th e Work at reasonable times for their observation, inspection, and testing. Contracto r shall provid e them proper and sa f e condition s for such access and advise them of Contractor’s safety procedure s and programs so that the y may comply therewith as applicable. 13.0 3 Tests and Inspections A. Contractor shall giv e City timely notice of read iness of th e Work for all require d inspections, tests, o r approvals and shall cooperate with in spection and testing personnel to facilitate required inspections or tests. B. If Contract Docu ments, Laws o r Regulation s of any public body having jurisdiction require any o f th e Work (or part thereof) to b e inspected , tested , o r approved , Contracto r shall assu me full responsibility for arrangin g and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City th e require d certificates of inspectio n or approval; excepting, however, those fees specifically identifie d in the Supplementary Conditions o r any Texas Departm en t of Licensure and Regulation (TDLR) inspections, which shall b e paid as describe d in th e Supplementary Conditions. C. Contractor shall b e responsible for arranging an d obtaining and shall pay all costs in connection with any inspections, tests, re-tests, o r approvals require d fo r City’s acceptanc e o f materials or equip ment to b e incorporated in th e Work; o r acceptance o f m aterials, m ix designs, o r equipment sub mitted f o r approval prio r to Contractor’s purchase thereo f f o r incorporatio n in th e Work. Such inspections , tests, re-tests, o r approvals shall b e performed b y organizations acceptable to City. D. City may arrange for th e services o f an ind ependent testin g laboratory (“Testin g Lab”) to perform any inspection s o r tests (“Testing”) for any part o f th e Work , a s determ ined solely by City. 1 . City will coordinate such Testin g to th e extent possible, with Contractor; 2 . Should any Testin g under this Sectio n 13.0 3 D result in a “fail”, “did not pass” o r other sim ila r negativ e result, th e Contracto r shall b e responsible for paying for any and all retests. Contractor’s cancellatio n withou t cause o f City initiated Testing shall b e dee m ed a negative result and require a retest. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 49 of 63 3 . An y amounts owed for any retest unde r this Section 13.0 3 D shall b e paid directly to the Testin g La b b y Contractor. City will forward all invoices fo r retests to Contractor. 4 . If Contractor f ails to pay th e Testin g Lab , City will not issu e Fina l Pay ment until th e Testing La b is paid. E. If any Work (or th e work o f others) that is to be inspected , tested, o r approve d is covered by Contracto r withou t written concurrence o f City , Contracto r shall, if requeste d by City , uncover such Work for observation. F. Uncoverin g Work as provided in Paragrap h 13.03.E shall b e a t Contractor’s expense. G. Contractor shall hav e th e righ t to make a Contract Claim regardin g any retest o r invoice issued under Section 13.0 3 D. 13.0 4 Uncovering Work A. If any Work is covered contrary to th e Contract Documents or specific instructions b y th e City, it must, if requested by City, b e uncovered for City’s observatio n and replace d at Contractor’s expense. B. If City considers it necessary or advisable tha t covered Work be observed b y City o r inspected or teste d by others, Contractor, at City’s request, sh all uncover, expose, or otherwise m ake available for observation, inspection, o r testin g as City ma y require, that portio n of th e Work in question, furnishing all necessary labor, material, and equipment. 1 . If it is foun d that th e uncovere d Work is defective , Contractor shall pay all claims, costs, losses, and damage s (including but not limited to all fee s and charge s of engineers, architects, attorneys, and other professionals and all court o r other dispute resolutio n costs) arising out of o r relating to such uncovering, exposure , observation , inspection, and testing, and of satisfactory replacement o r reconstruction (including but not limite d to all costs of repair or replacemen t o f work o f others); or City sh all be entitled to accept defectiv e Work in accordance with Paragrap h 13.08 in which case Contractor shall still b e responsible for all costs associated with exposing, observing, and testin g th e defectiv e Work. 2 . If th e uncovered Work is not foun d to b e defectiv e, Contracto r shall b e allowe d an increase in th e Contrac t Price o r an extensio n of th e Contract Tim e, o r both , directly attributable to such uncovering, exposure, observation, inspection, testing, replace ment, and reconstruction. 13.0 5 City May Sto p th e Work If th e Work is defective, o r Contracto r fails to supply sufficient skille d workers o r suitable materials o r equip m ent, o r f ails to perf orm th e Work in su ch a way that th e completed Work will conf orm to th e Contrac t Documents, City ma y order Contractor to sto p the Work, or any portion thereof, until the cause for such order has been eliminated ; however, this righ t o f City to sto p th e Work shall not give rise to any duty o n th e part of City to exercise this righ t f o r th e benefit o f Contractor, any CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 50 of 63 Subcontractor, any Supplier, any other individual o r e ntity , or any surety for, o r employee or agen t of any of them. 13.0 6 Correction o r Removal o f Defectiv e Work A. Pro mptly after receip t o f writte n notice, Contracto r shall correc t all defective Work pursuant to an acceptable schedule , whether o r not fabricated, installed , o r completed, or, if th e Work has been rejected b y City , re m ove it fro m th e Project and replace it with Work that is not def ective. Contracto r shall pay all claims, costs, addition al testing, losses, and dam ages (includin g but not limite d to all fee s and charges o f engineers, architects, attorneys, and other professionals and all court o r arbitratio n or other dispute resolution costs) arisin g out of o r relatin g to such correction o r re m oval (includin g but not limited to all costs of repair o r replace m en t o f work o f others). Failure to require th e removal of any defectiv e Work shall not constitute acceptanc e of such Work. B. When correctin g defective Work under th e terms o f this Paragrap h 13.0 6 o r Paragrap h 13.07, Contracto r shall tak e n o actio n that would void o r otherwise impair City’s special warranty and guarantee , if any, o n said Work. 13.0 7 Correction Period A. If within two (2) years after the date o f Fina l Acceptance (o r su ch longer perio d o f tim e as may be prescribe d b y th e terms o f any applicable special guarantee required b y th e Contract Docu ments), any Work is foun d to b e defective , or if th e repair o f any damages to th e lan d or area s made available f o r Contractor’s use b y City o r perm itte d by Laws and Regulation s as contemplated in Paragrap h 6.10.A is found to be defective, Contracto r shall pro mptly , without cost to City and in accordanc e with City’s written instructions: 1 . repair such defective land o r areas; or 2 . correct such defectiv e Work; or 3 . if th e defective Work has been rejected by City , rem ove it fro m th e Projec t and replace it with Work tha t is not defective , and 4 . satisfactorily correct or repair o r remove and replace any damage to other Work , to th e work o f others or other lan d o r areas resulting therefro m. B. If Contracto r does not pro mptly comply with th e terms of City’s written instructions, o r in an emergenc y where dela y would cause serious risk of loss or damage, City may have th e defective Work corrected or repaire d or ma y have th e rejecte d Work removed and replaced. All claims, costs, losses, and damages (includin g but not limite d to all fee s and charges o f engineers, architects, attorneys, and other professionals a nd all court o r other dispute resolution costs) arising out o f o r relating to such correction or repair o r such removal and replacement (including but not limite d to all costs of repair o r replace ment o f work o f others) will b e paid b y Contractor. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 51 of 63 C. In special circum stances where a particular item o f equip ment is place d in continuous service before Final Acceptance o f all th e Work, th e correction period for tha t ite m may start to run from an earlier date if so provide d in th e Contract Documents. D. Where defective Work (and dam age to other Work resultin g therefrom) has been corrected or removed and replaced under this Paragrap h 13.07 , th e correctio n perio d hereunde r with respect to suc h Work ma y b e require d to b e extended fo r an additional period of one year after the end of th e initia l correctio n period. City shall provid e 30 day s writte n notic e to Contractor should such additiona l warranty coverage b e required. Contracto r may dispute this requirement b y filin g a Contrac t Claim, pursuant to Paragrap h 10.06. E. Contractor’s obligation s under this Paragrap h 13.0 7 are in additio n to any othe r obligatio n or warranty . Th e provisions o f this Paragrap h 13.0 7 shall not be construe d as a substitute for, o r a waive r of, the provisions of any applicable statute o f limitation o r repose. 13.0 8 Acceptance o f Defective Work If , instea d of requirin g correctio n or removal and replacemen t o f defective Work, City prefers to accept it, City may d o so. Contracto r shall pay all claims, costs, losses, and damages (including but not limite d to all f ees and charge s o f engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluatio n o f and determinatio n to accept such defective Work and for th e diminished valu e o f th e Work to th e exten t not otherwise paid by Contractor. If any such acceptanc e occurs prio r to Final Acceptance , a Change Orde r will be issued incorporatin g th e necessary revisions in th e Contrac t Documents with respec t to th e Work, an d City shall b e entitled to a n appropriate decrease in th e Contract Price, ref lecting th e diminished value of Work so accepted. 13.0 9 City May Correc t Defective Work A. If Contracto r f ails within a reasonable time af ter written notice f ro m City to correct def ective Work , or to remove and replace rejected Work as require d b y City in accordanc e with Paragraph 13.06.A, or if Contracto r fails to perform th e Work in accordanc e with th e Contract Docu ments, o r if Contracto r fails to com ply with any other provisio n of th e Contract Docu ments, City may, af ter seve n (7) days written notice to Contractor, correct, o r remed y any such deficiency. B. In exercisin g th e rights and remedies under this Paragraph 13.09 , City shall proceed expeditiously. In connection with such corrective o r remedial action , City may exclude Contractor fro m all o r part o f th e Site, take possession o f all o r part o f th e Work and suspend Contractor’s services relate d thereto , and incorporate in th e Work all materials and equipment incorporated in th e Work , stored at th e Site o r for which City has paid Contractor but which are stored elsewhere. Contracto r shall allo w City , City’s representatives, agents, consultants, e mployees, and City’s othe r contractors, access to th e Site to enable City to exercise th e rights an d remedie s under this Paragraph. C. All claims, costs, losses, and damage s (includin g but not limite d to all fees and charges of engineers, architects, attorneys, and othe r professionals and all court or other dispute resolution CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 52 of 63 costs) incurred o r sustained b y City in exercisin g th e rights and remedies under this Paragraph 13.0 9 will be charged against Contractor, and a Change Order will be issued incorporatin g the necessary revisions in th e Contrac t Documents with respec t to th e Wo rk ; and City shall be entitled to an appropriate decrease in th e Contract Price. D. Contractor shall not b e allowed an extensio n o f th e Contract Time because o f any dela y in the performance of th e Work attributable to th e ex ercise o f City’s rights and remedies under this Paragrap h 13.09. ARTICLE 1 4 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.0 1 Schedule o f Values Th e Schedule o f Values for lu m p sum contracts e stablished as provided in Paragrap h 2.07 will serve as th e basis f o r progress pay ments and will b e inco rporated into a f orm o f Applicatio n f or Payment acceptable to City . Progress payments o n account o f Unit Pric e Work will be based o n th e number of units completed. 14.0 2 Progress Payments A. Applications fo r Payments: 1 . Contracto r is responsible for providing all information as required to become a vendor of the City. 2 . At least 20 day s before th e date established in th e Genera l Require ments for each progress pay ment, Contractor shall submit to City f or review a n Applicatio n f or Payment f illed out and signed b y Contracto r covering th e Work completed as o f th e date o f th e Application and accompanied by such supportin g documentatio n as is required by th e Contract Documents. 3 . If pay ment is requested o n th e basis of materials and equip ment not incorporated in th e Work but delivered and suitably stored at th e Site or at anothe r locatio n agree d to in writing, the Applicatio n for Pay ment shall also be accompanied by a bill o f sale, invoice, o r other docu mentation warranting tha t City has received the materials and equipment free and clear of all Lien s and evidence tha t th e materials and equip ment are covere d b y appropriate insurance o r other arrange m ents to protect City’s interest therein , all o f which must be satisfactory to City. 4 . Beginnin g with th e secon d Application for Pay ment, each Applicatio n shall include an affidavit o f Contracto r stating that previous progress payments received o n accoun t o f the Work have bee n applied on account to discharge Contractor’s legitimate obligations associate d with prior Applications for Payment. 5 . Th e amount o f retainage with respec t to progress pay ments will b e as stipulated in the Contrac t Documents. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 53 of 63 B. Review of Applications: 1 . City will, after receip t o f each Applicatio n for Pay ment, either indicate in writing a reco mmendation o f pay ment o r return th e Applicatio n to Contracto r indicating reasons for refusin g pay m ent. In th e latte r case , Contracto r may m ake th e necessary corrections and resub mit th e Application. 2 . City’s processing o f any pay men t requested in an Applicatio n f or Pay ment will be based on City’s observation s o f th e executed Work , an d o n City’s review of th e Applicatio n f o r Payment and th e accompanying data and schedules, that to th e best of City’s knowledge: a . th e Work has progressed to th e point indicated; b . th e quality o f th e Work is generally in acco rdance with th e Contract Documents (subject to an evaluation of th e Wor k a s a functioning whole prior to o r upon Final Acceptance, the results o f any subsequen t tests called for in th e Contrac t Docu ments, a final determination of quantitie s and classification s for Work performed under Paragrap h 9.05, an d any other qualifications stated in th e recomm endation). 3 . Processin g any such paymen t will not thereby be deemed to have represented that: a . inspections m ade to check th e quality o r th e quantity o f th e Work as it has been performed hav e been exhaustive, extended to every aspect o f th e Work in progress, or involved detailed inspections o f the Work beyond th e responsibilitie s specifically assigned to City in th e Contrac t Docu ments; or b . there may not b e othe r matters o r issues between th e parties that migh t entitle Contractor to be paid additionally by City o r entitle City to withhold paymen t to Contractor, or c . Contracto r has complied with Laws and Regulations applicable to Contractor’s performance of th e Work. 4 . City may refuse to process th e whole o r any part o f any pay ment because o f subsequently discovered evidence or th e results o f subsequent inspections or tests, and revise o r revoke any such pay m ent previously made, to such extent as m ay be necessary to protect City from loss because: a . th e Work is def ective, o r th e complete d Work has been damaged b y th e Contracto r or his subcontractors , requiring correctio n or replacement; b . discrepancie s in quantities contained in previou s applications fo r payment; c . th e Contrac t Price ha s bee n reduced b y Change Orders; d . City has bee n required to correct def ective Work o r complete Work in accordance with Paragrap h 13.09; or CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 54 of 63 e . City has actual knowledge o f th e occurrence of any of th e events enu merated in Paragrap h 15.02.A. C. Retainage: 1 . Fo r contracts less than $400,00 0 at th e time o f execution , retainage shall b e ten percent (10%). 2 . Fo r contracts greater than $400,00 0 at th e time of execution, retainage shall b e fiv e percent (5%). D. Liquidate d Damages. Fo r each calendar day that any work shall re m ain uncomplete d after the time specif ied in th e Contract Docu ments, th e su m per day specif ie d in th e Agreement, will be deducte d from the m onies due th e Contractor, no t as a penalty , but as liquidated dam ages suffered b y th e City. E. Payment: Contracto r will b e paid pursuan t to th e require m ents of this Article 1 4 and payment will beco me due in accordance with the Contract Documents. F. Reductio n in Payment: 1 . City may refuse to make paymen t o f th e amoun t requested because: a . Liens hav e bee n filed in connectio n with th e Work , except where Contractor has delivered a specific bond satisfactory to City to secure th e satisfaction and discharge of suc h Liens; b . there are other items entitling City to a set-off against th e amount recomm ended; or c . City has actual knowledge o f th e occurrence of any of th e events enu merated in Paragraph s 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2 . If City refuse s to make pay ment o f th e amount requested, City will giv e Contracto r written notic e stating th e reason s for suc h actio n an d pay Contracto r any amount remainin g after deductio n of th e amoun t so withheld. City shall pay Contracto r th e amoun t so withheld, or any adjustment thereto agree d to by City and Contractor, whe n Contractor remedies the reasons for suc h action. 14.0 3 Contractor’s Warranty of Title Contracto r warrants and guarantee s that title to all Work , materials, and equip ment covered b y any Applicatio n for Pay ment, whethe r incorporated in th e Project o r not, will pass to City n o later than the time o f pay ment free and clear o f all Liens. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 55 of 63 14.0 4 Partial Utilization A. Prio r to Final Acceptanc e o f all th e Work , City may use o r occup y any substantially completed part of th e Work which has specifically been identifie d in the Contract Docu ments, or which City, determines constitute s a separately f unctionin g and usable part o f th e Work that can be used b y City for its intended purpose without significan t interference with Contractor’s performance of th e remainder of th e Work. City at any time may notify Contracto r in writing to permit City to use o r occup y any such part of th e Work which City determine s to b e read y for its intended use, subject to th e following conditions: 1 . Contracto r at any time ma y notif y City in writing tha t Contracto r considers any such part of th e Work read y for its intended use. 2 . Within a reasonable time after notificatio n as enu merated in Paragrap h 14.05.A.1, City and Contracto r shall make an inspectio n o f tha t p art o f th e Work to determin e its status of completion. If City does not consider that part of th e Work to b e substantially complete, City will notif y Contractor in writing givin g th e reasons therefor. 3 . Partial Utilizatio n will not constitute Final Acceptanc e by City. 14.0 5 Fina l Inspection A. Upo n writte n notice from Contractor that th e entire Work is complete in accordanc e with the Contrac t Docum ents: 1 . within 1 0 days, City will schedule a Final Inspection with Contractor. 2 . City will notif y Contracto r in writin g o f all particulars in whic h this inspectio n reveals that th e Work is inco mplete o r defective. Contractor shall immediately tak e such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will b e made against th e Contracto r betwee n said date o f notification o f th e City and th e date of Fina l Inspection . Should th e City determ in e that th e Work is not read y for Final Inspection, City will notif y th e Contracto r in writin g of th e reasons and Contract Time will resu me. 14.0 6 Fina l Acceptance Upo n completion by Contractor to City’s satisfaction, o f any additional Work identified in th e Final Inspection, City will issu e to Contracto r a letter o f Final Acceptance. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 56 of 63 14.0 7 Fina l Payment A. Applicatio n fo r Payment: 1 . Upo n Final Acceptance , and in th e opinio n of City , Contractor ma y make an application for fina l payment following th e procedure for progress payments in accordanc e with the Contrac t Documents. 2 . Th e fina l Application fo r Paymen t shall b e accompanied (except as previously delivered) by: a . all docu mentation called for in th e Contract Docu ments, including but not lim ite d to the evidence o f insurance required by Paragrap h 5.03; b . consent o f th e surety, if any, to final payment; c . a list o f all pendin g o r released Damage Claims against City that Contractor believes are unsettled ; and d . affidavits o f paym ents and complete and legally effectiv e releases o r waivers (satisfactory to City ) o f all Lien rights arisin g out o f o r Lien s filed in connectio n with the Work. B. Paymen t Becomes Due: 1 . Afte r City’s acceptance of th e Applicatio n for Pay ment and accompanyin g docu mentation, requeste d b y Contractor, less previous pay ments made and any sum City is entitled, includin g but not limite d to liquidated damages, will become due and payable. 2 . Afte r all Dam age Claims have been resolved: a . directly b y th e Contracto r or; b . Contracto r provides evidence that th e Damage Claim has bee n reported to Contractor’s insurance provider fo r resolution. 3 . Th e makin g of th e fina l payment by th e City shall not relieve th e Contractor o f any guarantees o r other require m ents o f th e Contract Docu ments which specif ically continue thereafter. 14.0 8 Fina l Completio n Delaye d and Partia l Retainag e Release A. If final completio n of th e Work is significantly delayed, and if City so confirms, City may, upon receip t of Contractor’s final Application for Pay ment, and without terminating th e Contract, make pay ment o f th e balance due for that portion of th e Work fully complete d and accepted. If the remainin g balance to b e held by City f or Work not f ully completed or corrected is less than the retainage stipulate d in Paragrap h 14.02.C, and if bonds hav e been furnished a s require d in Paragrap h 5.02 , th e written consen t o f th e surety to th e pay ment o f th e balanc e due for that CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 57 of 63 portio n of th e Work fully completed and accepted shall b e sub mitte d b y Contractor to City with th e Applicatio n for such pay ment. Suc h pay me nt shall b e m ade under th e terms and conditions governin g final payment, excep t that it shall not constitute a waiver of Contract Claims. B. Partia l Retainag e Release. Fo r a Contract that provides for a separate vegetativ e establishment and maintenance , and test and performance period s following th e completio n o f all other construction in th e Contract Docu ments for all Wo rk locations, th e City m ay release a portion of th e amount retaine d provided that all other work is complete d as determined by th e City. Before th e release, all sub mittals and f ina l quantities must be com pleted and accepted for all other work. An amount sufficien t to ensure Contrac t compliance will b e retained. 14.0 9 Waiver o f Claims Th e acceptance o f final pay ment will constitute a release of th e City fro m all claims o r liabilities under th e Contract for anythin g done o r furnish ed o r relatin g to th e work under th e Contract Docu ments o r any act or neglect of City related to o r connecte d with th e Contract. ARTICLE 1 5 – SUSPENSION OF WORK AND TERMINATION 15.0 1 City May Suspen d Work A. At any time and withou t cause, City may suspend th e Work or any portion thereof by written notic e to Contracto r and whic h may f ix th e date o n which Work will b e resu med. Contractor shall resu me th e Work on th e date so fixed . During temporary suspension of th e Wor k covered by these Contrac t Docu ments, for any reason, the City will make n o extra pay ment for stand -by time of construction equip ment and/o r construction crews. B. Should th e Contractor not b e able to complete a portio n o f th e Project due to causes beyond the contro l o f and withou t th e fault o r negligence of th e Contractor, and should it b e determined by mutua l consent o f th e Contracto r and City that a solutio n to allow constructio n to procee d is not available within a reasonable perio d o f time, Contracto r ma y request an extensio n in Contract Time, directly attributable to an y such suspension. C. If it should beco me necessary to suspend th e Work for an indefinite period, th e Contractor shall store all materials in suc h a manne r tha t they will not obstruc t o r impede th e public unnecessarily nor beco me damaged in any way , and h e shall tak e every precautio n to preven t damage or deterioratio n of th e work performed; he shall provid e suitable drainage about th e work , and erect te mporary structures where necessary. D. Contracto r may b e reimbursed for th e cost o f moving his equipmen t off th e jo b and returning the necessary equip ment to th e jo b when it is dete rmined by th e City that constructio n may be resu med. Suc h reimbursemen t shall b e base d on actual cost to th e Contracto r of m ovin g the equip ment and n o pro fit will be allowed . Reimbursement may not be allowed if th e equipment is moved to anothe r constructio n project for th e City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 58 of 63 15.0 2 City May Terminate fo r Cause A. Th e occurrenc e o f any one o r more of th e f ollowing events b y way o f exa mple, but not of limitation, may justif y termination for cause: 1 . Contractor’s persisten t failure to perform th e Work in accordance with th e Contract Documents (including, but not limite d to , failure to supply sufficien t skilled workers or suitable materials o r equip ment, failure to a dhere to th e Project Schedule establishe d under Paragrap h 2.07 as adjuste d from tim e to time pursuan t to Paragrap h 6.04 , o r failure to adhere to th e City’s Business Diversity Enterprise Ordinance #20020 -12 -2011established under Paragraph 6.06.D); 2 . Contractor’s disregard o f Laws o r Regulation s o f any public body havin g jurisdiction; 3 . Contractor’s repeated disregard of the authority of City ; or 4 . Contractor’s violatio n in any substantia l way o f any provision s o f th e Contrac t Docu ments; or 5 . Contractor’s failure to pro mptly make goo d any defec t in materials o r work m anship, or defects o f any nature , th e correction o f whic h has been directed in writing b y th e City; or 6 . Substantia l indicatio n that th e Contracto r has made an unauthorize d assign ment o f the Contrac t o r any funds due therefro m for th e benefit o f any credito r o r for any othe r purpose; or 7 . Substantia l evidence that th e Contracto r has becom e insolvent or bankrupt, o r otherwise financially unable to carry o n th e Work satisfactorily; or 8 . Contracto r co mm ences legal actio n in a court o f competent jurisdiction against th e City. B. If one or more o f th e events identified in Paragrap h 15.02A. occur, City will provid e written notice to Contracto r and Surety to arrange a conference with Contracto r and Surety to address Contractor's failure to perform th e Work . Conferenc e shall be held not late r than 1 5 days, after receip t of notice. 1 . If th e City, th e Contractor, and th e Surety do not agree to allow th e Contracto r to proceed to perf orm th e constructio n Contract, th e City may, to th e exten t permitted b y Laws and Regulations, declare a Contracto r default and f o rm ally terminate th e Contractor's righ t to complete th e Contract. Contracto r default shall not b e declare d earlie r tha n 2 0 day s after the Contracto r and Surety hav e received notic e o f conference to address Contractor's failure to perform the Work. 2 . If Contractor's services are terminated, Surety shall b e obligated to tak e ove r and perform the Work . If Surety does not commence performa nc e thereof within 1 5 consecutive calendar days a f ter date o f an additional written notice demanding Surety 's perfor manc e o f its CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 59 of 63 obligations, then City , withou t process o r actio n at law, may tak e over any portio n o f the Work and complete it as described below. a . If City completes th e Work , City ma y exclud e Contracto r and Surety fro m th e site and tak e possession of th e Work , and all materials and equipment incorporated into th e Work store d at th e Site o r f or which City has paid Contracto r o r Surety but which are stored elsewhere , and finish th e Work as City may deem expedient. 3 . Whether City o r Surety com plete s th e Work , Contracto r shall not b e entitled to receiv e any furthe r pay ment until th e Work is finished. If th e unpaid balance o f th e Contract Price exceeds all claims, costs, losse s and damages su staine d by City arisin g out of o r resulting f ro m completin g th e Work, suc h excess will b e p aid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance , Contractor shall pay th e difference to City. Suc h claims, costs, losses and damages incurred b y City will b e incorporated in a Change Order, provided tha t whe n exercising any rights o r remedies under this Paragraph, City shall not b e required to obtain th e lowest price for th e Work performed. 4 . Neither City , nor any o f its respectiv e consultants, agents, officers, directors o r employees shall b e in any way liable o r accountable to Contracto r or Surety for th e method b y which the completio n o f th e said Work , or any portion th ereof, may be accomplished or for th e price paid therefor. 5 . City , notwithstanding th e metho d use d in completing th e Contract, shall not forfeit th e right to recove r dam ages from Contractor o r Surety f o r Contractor's f ailure to timely complete the entire Contract. Contractor shall not be entitled to any claim o n accoun t o f th e m etho d used b y City in com pletin g th e Contract. 6 . Maintenanc e o f th e Work shall continu e to b e Contractor's and Surety 's responsibilities as provided for in th e bond require ments o f th e Contract Docu ments o r any specia l guarantees provided for under th e Contract Documents o r an y other obligations otherwise prescribed by law. C. Notwithstandin g Paragraph s 15.02.B, Contractor’s serv ices will not be terminate d if Contractor begin s within seve n days o f receipt o f notice o f intent to term inate to correct its f ailure to perform and proceed s diligently to cure such failure within no more than 3 0 days o f receip t of said notice. D. Where Contractor’s service s hav e bee n so terminated b y City , th e termination will not affect any rights o r remedies o f City against Contracto r the n existin g or which may thereafter accrue. Any retentio n o r pay ment of money s due Contracto r by City will not release Contractor f rom liability. E. If and to th e exten t that Contracto r has provided a performance bond under th e provisions of Paragrap h 5.02, th e termination procedures of that bond shall not supersede th e provisions of this Article. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 60 of 63 15.0 3 City May Terminate Fo r Convenience A. City m ay, withou t cause and without prejudic e to an y other righ t o r remedy o f City, terminate the Contract. Any term ination shall b e effected b y mailing a notic e of th e term inatio n to the Contractor specifyin g th e extent to whic h performance of Work under th e contract is terminated, and th e date upon whic h such terminatio n beco me s effective. Receip t o f th e notice shall be dee med conclusively presumed and established when th e letter is placed in th e United States Postal Service Mail by th e City . Further, it sh all be deemed conclusively presu med and establishe d that such terminatio n is made with just cause as therein stated ; and n o proof in any claim, demand or suit shall b e required of the City regarding suc h discretionary action. B. After receip t o f a notice o f te rmination, and excep t a s otherwise directed by th e City, the Contracto r shall: 1 . Sto p work under th e Contract o n th e date and to th e exten t specified in th e notice of termination; 2 . place n o furthe r orders o r subcontracts for materials, services o r facilities excep t a s may be necessary for completion of such portio n o f th e Work under th e Contract as is not terminated; 3 . term inate all orders and subcontracts to th e extent that they relate to th e perf ormance o f the Work terminated b y notice o f termination; 4 . transfe r title to th e City and deliver in th e manner, a t th e times, and to th e extent, if any, directed b y th e City: a . th e fabricate d o r unfabricate d parts, Work in progress, completed Work , supplie s and othe r material produced as a part of , o r acquired in connectio n with th e performance of, th e Work terminated by th e notice o f the termination; and b . th e completed , o r partially complete d plans, drawings, information and other property which , if th e Contrac t had been completed , would hav e bee n required to be furnishe d to th e City. 5 . complete performance o f such Work as shall not hav e been terminated b y th e notic e of term ination ; and 6 . tak e suc h actio n a s may b e necessary , o r a s th e City may direct, for th e protectio n and preservation o f th e property related to its contrac t which is in th e possession o f the Contracto r and in whic h th e owner has or ma y acquire th e rest. C. At a time not later than 30 day s after th e term in ation date specified in th e notice of termination, th e Contracto r may submit to th e City a list, certifie d as to quantity and quality, of any o r all items o f term ination inventory not previously d ispose d of , exclusive o f ite ms th e dispositio n of which has been directed o r authorize d b y City. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 61 of 63 D. Not later than 15 day s thereafter, th e City sh all accept title to such ite ms provided , that th e list sub mitted shall b e subject to verificatio n by th e City upon removal of th e ite ms or, if th e items are stored , within 45 day s from th e date of sub mission of th e list, and any necessary adjustments to correc t th e list as sub mitted, shall be made prior to final settlement. E. Not later than 6 0 day s after th e notic e of termination, th e Contractor shall submit his termination claim to th e City in th e f or m and with th e certificatio n prescribed b y the City . Unless an extension is made in writin g within suc h 6 0 day period by th e Contractor, and granted b y the City , any and all suc h claims shall b e conclusively deemed waived. F. In such case, Contractor shall be paid fo r (without duplication o f any ite ms): 1 . completed and acceptable Work executed in acco rdance with th e Contract Docu ments prior to th e effectiv e date o f termination, includin g f air and reasonable sums for overhead and profit on such Work; 2 . expenses sustained prio r to th e effectiv e date o f terminatio n in performing services and furnishing labor, materials, o r equip men t as required by th e Contrac t Docu ments in connection with unco mpleted Work, plus fair and reasonable sums for overhead and profit o n such expenses; and 3 . reasonable expenses directly attributable to termination. G. In th e even t o f th e failure o f th e Contractor and City to agre e upon th e whole am ount to b e paid to th e Contracto r by reaso n o f th e terminatio n o f th e Work , th e City shall determine, on th e basis o f information available to it, th e a mount, if any, due to th e Contractor b y reason o f the termination and shall pay to th e Contracto r th e a mounts determined. Contractor shall not b e paid o n account o f loss of anticipate d profits o r revenu e or other econom ic loss arisin g out o f or resultin g from such term ination. ARTICLE 1 6 – DISPUTE RESOLUTION 16.0 1 Methods and Procedures A. Eithe r City o r Contracto r may request mediation of any Contract Claim sub mitte d fo r a decision under Paragraph 10.06 before such decisio n becomes final and binding. Th e request for mediation shall b e sub mitte d to th e othe r party to th e Contract. Timely sub missio n of th e request shall stay th e effec t o f Paragrap h 10.06.E. B. City and Contractor shall participate in th e mediatio n process in goo d faith. Th e process shall be commenced within 6 0 days o f filin g o f th e request. C. If th e Contract Claim is not resolved b y m ediation, City’s actio n under Paragrap h 10.06.C o r a denia l pursuan t to Paragraphs 10.06.C.3 or 10.06.D shall become final and bindin g 3 0 days after terminatio n o f the mediation unless, within that time period , City o r Contractor: CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 62 of 63 1 . elects in writin g to invok e any other dispute resolution process provide d for in the Supple mentary Conditions; or 2 . agrees with th e other party to sub mit th e Contrac t Claim to anothe r dispute resolution process; or 3 . gives writte n notice to th e other party o f th e intent to sub mit th e Contract Claim to a court of competent jurisdiction. ARTICLE 1 7 – MISCELLANEOUS 17.0 1 Givin g Notice A. Whenever any provision o f th e Contract Documents requires th e givin g o f writte n notice, it will b e deemed to have bee n validly give n if: 1 . delivere d in perso n to th e individua l or to a member of th e firm or to an officer o f the corporation fo r whom it is intended; or 2 . delivere d at or sen t b y registered o r certified mail, postage prepaid , to th e last business address known to th e giver o f th e notice. B. Business address change s must be promptly made in writin g to th e other party. C. Whenever th e Contract Docu ments specifies givin g notic e b y electronic means such electronic notic e shall b e deemed sufficient upon confirmation of receip t by th e receiving party. 17.0 2 Computatio n o f Times When any perio d o f tim e is ref erre d to in th e Contract Docu ments b y days, it will b e computed to exclud e th e first and includ e th e last day of such period. If th e last day o f any such perio d falls on a Saturda y or Sunda y o r on a day made a lega l holiday th e next Working Day shall beco me th e last day o f th e period. 17.0 3 Cumulative Remedies Th e dutie s and obligations imposed b y these General Conditions and the rights an d remedies available hereunder to th e parties hereto are in additio n to , and are not to b e construed in any way as a limitation of , any rights and remedies available to any o r all of them which are otherwise imposed o r available b y Laws or Regulations, b y specia l warranty o r guarantee, or b y other provision s o f the Contract Docu ments. Th e provisions o f this Paragrap h will b e as effectiv e as if repeated specifically in the Contrac t Docu ments in connectio n with each particula r duty , obligation, right, and re m edy to which they apply. CITY OF FORT WORTH STANDAR D CONS TRU CTIO N SPECIF ICA TIO N DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL COND ITION S Page 63 of 63 17.0 4 Survival of Obligations All representations, inde mnifications, warranties, and guarantee s made in , require d by, o r give n in accordance with th e Contrac t Docu ments, as well as all continuing obligation s indicate d in the Contrac t Docu ments, will surviv e fina l pay ment, completion , and acceptanc e o f th e Work or terminatio n o r completio n of th e Contract or termination o f th e services o f Contractor. 17.0 5 Headings Article and paragraph headings are inserted for convenienc e only and do not constitute parts o f these General Conditions. License Agreement Before you use this EJCDC document: 1. Read this License Agreement in its entirety. As purchaser, you agree to comply with and are bound by the License Agreement’s terms, conditions, and instructions when you use the attached EJCDC document. Commencement of use of the attached document indicates your acceptance of these terms, conditions, and instructions. If you do not agree to them, you should promptly return the materials to the vendor. 2. This License Agreement applies to the attached document only. Other licensing terms and instructions may apply to other EJCDC documents. 3. The Engineers Joint Contract Documents Committee ("EJCDC") provides EJCDC Design and Construction Related Documents (including but not limited to the EJCDC document that is attached, and all other documents in the EJCDC Construction Series, Engineering Series, Design-Build Series, Remediation Series, Procurement Series, and Narrative Series) and licenses their use worldwide. You assume sole responsibility for the selection of specific documents or portions thereof to achieve your intended results, and for the installation, use, and results obtained from EJCDC Design and Construction Related Documents. 4. You acknowledge that you understand that the text of the EJCDC Design and Construction Related Documents has important legal consequences and that consultation with an attorney is recommended with respect to use or modification of the text. You further acknowledge that EJCDC documents are protected by the copyright laws of the United States. 5. Make sure that you have the correct word processing software for the attached EJCDC document, which is distributed in Microsoft Word (.doc) format. 6. EJCDC allows the end user wide discretion in using and editing the attached document, subject to the provisions of the License Agreement. You are advised, however, that EJCDC documents contain numeric and other cross- references, and that changes to one part of the document may affect other parts. It is solely your responsibility to assure the adequacy and consistency of the final document for your purposes. How to Use This Document: 1. Although EJCDC has made reasonable efforts to achieve uniformity of formatting, some document controls (e.g., bold, underline, font size, indentation, numbering, pagination, table of contents) may be affected by software versioning and translators, user settings, changes during editing, and other factors, and may require user intervention to restore intended format and appearance. 2. The term “Standard EJCDC Text” for the attached document generally refers to all text prepared by EJCDC in the main body of the document, and does not include covers, logos, footers, instructions, license agreement, copyright notices, Notes to Users, or text options. The content of document exhibits (if any) is not Standard EJCDC Text for this purpose. 2. If you do not alter the Standard EJCDC Text of the attached document, you may use it as published, with all EJCDC logos, footers, and copyright notices retained. 3. If you modify the Standard EJCDC Text of the attached document, you must follow the following instructions that address if, when, and how to show the changes to other parties. 4. During the drafting or negotiating process for the document, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text. Thus if a draft of the document purports to be or appears to be an EJCDC document, the user must plainly show all changes to the Standard EJCDC Text, using “Track Changes” (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions. 5. As between contracting parties, once the document is ready to be finalized (and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes to the Standard EJCDC Text. The parties may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any “Track Changes,” redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text. 6. If the attached document is revised or altered and then presented to others (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes. 7. The attached EJCDC document may contain “Notes to User,” bracketed comments, or prompts that provide instructions for filling in project-specific information, selecting the appropriate clause from a list of options, or making additions or deletions, or that give background information regarding a particular provision. The user may (and in most cases should) delete these notes, comments, and prompts during the drafting process. Deletion of such notes, comments, and prompts is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with “Track Changes,” redline/strikeout, highlighting, or other means of indicating changes, at any point in the drafting process. 8. The attached EJCDC document may contain exhibits that are to be used to set out project-specific provisions, such as scope of services, compensation, and insurance requirements. These exhibits are meant to be revised, supplemented, and altered by the user, or discarded if not applicable to the specific project. The text of the various exhibits is not considered Standard EJCDC Text and is not subject to the License Agreement requirement that additions or deletions to the Standard EJCDC Text be shown clearly, and therefore does not need to be shown with “Track Changes,” redline/strikeout, highlighting, or other means of indicating changes, at any point in the drafting process. 9. In a few instances the EJCDC Notes to User will instruct the user of a document to choose one of two or more text options in the main body of the document. In such cases the options that are not selected should be discarded or deleted, and not included in the final version of the document. Such discarding or deletion of text options is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process. Note, however, that the text that is selected (which in this scenario is in the main body of the document and not in an exhibit) is Standard EJCDC Text, and any revision or alteration of the text that is selected is subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly. 10. The License Agreement typically is removed when a document is being prepared for use on a specific project. Such removal is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process. The terms of the License Agreement remain in effect regardless of whether it has been removed or remains attached to the document. 11. When a document is being prepared for use on a specific project, some users remove the EJCDC front cover page, and the “inside front cover page” containing specific information regarding the EJCDC sponsoring organizations. Such removal is not subject to the License Agreement requirement that additions or deletions to Standard EJCDC Text be shown clearly, and therefore does not need to be shown with highlighting, redline/strikeout, or other means of tracking changes, at any point in the drafting process. 12. As purchaser of the attached document, you may choose to use it as the basis or platform for creating purchaser’s own custom version. In such case you must remove all EJCDC logos, footers, and other items that might create the false impression that the document remains an EJCDC standard document, and the requirements regarding the need to show additions and deletions to the Standard EJCDC Text no longer apply. Note, however, that the copyright requirements of the License Agreement continue to apply. 13. A purchaser may choose to select clauses or sections of the attached document for inclusion in other non-EJCDC documents. When this occurs, do not use any EJCDC logos, footers, or other items that would imply that the receiving document is an EJCDC document. Note, however, that the copyright requirements of the License Agreement continue to apply. Limited License: As purchaser, you have a limited nonexclusive license to: 1. Use the attached EJCDC document on any number of machines owned, leased, or rented by your company or organization. 2. Use the attached EJCDC document for bona fide contractual and project purposes. Such purposes expressly include controlled distribution to bona fide bidders and proposers, either through direct transmittal in printed or electronic format or posting on a website or other electronic distribution point to which access is limited to bona fide bidders and proposers or others having direct interest in the contract or project. 3. Copy the attached EJCDC document into any machine- readable or printed form for backup or modification purposes in support of your use of the document. You further agree: 1. To comply with all terms, conditions, and instructions in this License Agreement. 2. That all proprietary and intellectual property rights in the attached EJCDC document and all other EJCDC Design and Construction Related Documents are and shall remain the property of EJCDC and its sponsoring organizations. 3. To include the appropriate EJCDC copyright notice (selected from the versions below) on any copy, modified or finalized version, or portion of the attached EJCDC document. For this document, at a minimum one of the following EJCDC copyright notices must appear in a prominent location: If the standard EJCDC text is not altered, then use the copyright that is already stated in the published document: ▪ Copyright © [EJCDC document date] National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. If the standard EJCDC text has been altered, or if only portions of the EJCDC document have been used, then use the following copyright notice: ▪ This document is a MODIFIED version of EJCDC® Z-xxx, Copyright © 20xx by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright. 4. To not use, copy, modify, or transfer the attached EJCDC document or any other EJCDC Design and Construction Related Documents, or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license. Reproduction of the attached EJCDC document, or any other EJCDC Design and Construction Related Document, in printed or machine-readable format for resale, and any resale of this document in any format, are expressly prohibited. Making the attached EJCDC document or any other EJCDC Design and Construction Related Document, in whole or in part, available or accessible on an uncontrolled, public-access website or other uncontrolled electronic distribution point—in any format whatever, whether with or without watermarks, as a Microsoft Word document or in portable document format (PDF)—is expressly prohibited. 5. As an EJCDC limited licensee you may seek advance written permission from the EJCDC Copyright Administrator to use the attached EJCDC document for educational purposes, subject to terms and conditions to be established by the Copyright Administrator for the specific educational use. Term: This license is effective for three years after date of purchase, or six years after the last day of the year of issuance for the attached document (shown in the copyright notice), whichever occurs later, and shall terminate at that time, unless earlier terminated as provided herein, or unless EJCDC extends the term of this license to you, in writing, or publishes on the ejcdc.org website or the websites of the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, an applicable extension of the term of license for a certain period of time for bona fide contractual and project or other authorized uses. You agree upon termination to destroy the attached EJCDC Design and Construction Related Document along with all copies, modifications and merged portions in any form (except those copies already in actual project or contract use, or maintained in files or records of completed projects). EJCDC reserves the right during the term of this agreement to provide access to the purchased document through alternative means, based on improvements or changes in technology, or to transition the document to secure document platforms or other formats, while maintaining user’s access privileges. EJCDC from time to time publishes new, updated editions of the EJCDC Design and Construction Related Documents. EJCDC highly recommends the use of the most current editions of its documents. EJCDC may, at its sole discretion, withdraw from authorized use any document that has been subsequently updated and for which the license has expired. You may terminate the license at any time by destroying the attached EJCDC document together with all copies, modifications and merged portions in any form (except those copies already in actual project or contract use, or maintained in files or records of completed projects). It will also terminate upon conditions set forth elsewhere in this License Agreement or if you fail to comply with any term or condition of this License Agreement. Limited Warranty: If EJCDC has distributed this document on a compact disc, then EJCDC warrants the CD on which this document is furnished to be free from physical defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. There is no other warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other rights which vary from state to state. EJCDC does not warrant that the functions contained in EJCDC Design and Construction Related Documents will meet your requirements or that the operation of EJCDC Design and Construction Related Documents will be uninterrupted or error free. Limitations of Remedies: EJCDC’s entire liability and your exclusive remedy shall be: 1. the replacement of the CD (if any) distributed by EJCDC, containing this document, provided such CD does not meet EJCDC's "Limited Warranty" and is returned to EJCDC’s selling agent with a copy of your receipt, or 2. if EJCDC’s selling agent is unable to deliver a replacement CD which is free of defects in materials and workmanship, you may terminate this Agreement by returning EJCDC Document and your money will be refunded. As purchaser, you assume full responsibility for determining the suitability of this document to your purposes, and for the application and use of this document for contract or project purposes. To the fullest extent permitted by law, in no event will EJCDC, its sponsoring organizations, its committee members, attorneys, consultants, authorized vendors, or advisors, or their respective staff members, employees, agents, or contractors, be liable to you or any other party for any damages, including any lost profits, lost savings, contractual liabilities, disappointed commercial expectations, economic loss, or other direct, incidental, or consequential damages arising out of the content, unenforceability, insufficiency, inadequacy, use or inability to use the attached EJCDC document or any other EJCDC Design and Construction Related Documents, even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you. General: You may not sublicense, assign, or transfer this license except as expressly provided in this License Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. If you transfer or purport to transfer such rights, duties, or obligations to another party, your license is automatically terminated. This License Agreement shall be governed by the laws of the State of Virginia. If you have any questions concerning this License Agreement, or any requests or inquiries regarding the EJCDC copyright, you may contact EJCDC by writing to: EJCDC Copyright Administrator c/o National Society of Professional Engineers 1420 King Street Alexandria, VA 22314 Phone: (703) 684-2845 Fax: (703) 836-4875 e-mail: aschwartz@nspe.org You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the License Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License Agreement. Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, D.C. 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C -520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC’s Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................1 1.01 Defined Terms ................................................................................................................... 1 1.02 Terminology ...................................................................................................................... 5 Article 2 – Preliminary Matters ....................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance ..................................................................... 6 2.02 Copies of Documents ......................................................................................................... 6 2.03 Before Starting Construction ............................................................................................. 6 2.04 Preconstruction Conference; Designation of Authorized Representatives .......................... 7 2.05 Initial Acceptance of Schedules .......................................................................................... 7 2.06 Electronic Transmittals ...................................................................................................... 7 Article 3 – Documents: Intent, Requirements, Reuse...................................................................8 3.01 Intent ................................................................................................................................ 8 3.02 Reference Standards ......................................................................................................... 8 3.03 Reporting and Resolving Discrepancies .............................................................................. 8 3.04 Requirements of the Contract Documents ......................................................................... 9 3.05 Reuse of Documents ........................................................................................................ 10 Article 4 – Commencement and Progress of the Work ..............................................................10 4.01 Commencement of Contract Times; Notice to Proceed .................................................... 10 4.02 Starting the Work ............................................................................................................ 10 4.03 Reference Points ............................................................................................................. 10 4.04 Progress Schedule ........................................................................................................... 10 4.05 Delays in Contractor’s Progress ....................................................................................... 11 Article 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions .................................................................................................................................12 5.01 Availability of Lands ......................................................................................................... 12 5.02 Use of Site and Other Areas ............................................................................................. 12 5.03 Subsurface and Physical Conditions ................................................................................. 13 5.04 Differing Subsurface or Physical Conditions ..................................................................... 14 5.05 Underground Facilities..................................................................................................... 15 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page ii 5.06 Hazardous Environmental Conditions at Site ................................................................... 17 Article 6 – Bonds and Insurance ................................................................................................19 6.01 Performance, Payment, and Other Bonds ........................................................................ 19 6.02 Insurance—General Provisions ........................................................................................ 19 6.03 Contractor’s Insurance .................................................................................................... 20 6.04 Owner’s Liability Insurance .............................................................................................. 23 6.05 Property Insurance .......................................................................................................... 23 6.06 Waiver of Rights .............................................................................................................. 25 6.07 Receipt and Application of Property Insurance Proceeds ................................................. 25 Article 7 – Contractor’s Responsibilities ....................................................................................26 7.01 Supervision and Superintendence.................................................................................... 26 7.02 Labor; Working Hours ...................................................................................................... 26 7.03 Services, Materials, and Equipment ................................................................................. 26 7.04 “Or Equals” ...................................................................................................................... 27 7.05 Substitutes ...................................................................................................................... 28 7.06 Concerning Subcontractors, Suppliers, and Others .......................................................... 29 7.07 Patent Fees and Royalties ................................................................................................ 31 7.08 Permits ............................................................................................................................ 31 7.09 Taxes ............................................................................................................................... 32 7.10 Laws and Regulations ...................................................................................................... 32 7.11 Record Documents .......................................................................................................... 32 7.12 Safety and Protection ...................................................................................................... 32 7.13 Safety Representative ...................................................................................................... 33 7.14 Hazard Communication Programs.................................................................................... 33 7.15 Emergencies .................................................................................................................... 34 7.16 Shop Drawings, Samples, and Other Submittals ............................................................... 34 7.17 Contractor’s General Warranty and Guarantee ................................................................ 36 7.18 Indemnification ............................................................................................................... 37 7.19 Delegation of Professional Design Services ...................................................................... 37 Article 8 – Other Work at the Site..............................................................................................38 8.01 Other Work ..................................................................................................................... 38 8.02 Coordination ................................................................................................................... 39 8.03 Legal Relationships .......................................................................................................... 39 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii Article 9 – Owner’s Responsibilities ...........................................................................................40 9.01 Communications to Contractor ........................................................................................ 40 9.02 Replacement of Engineer ................................................................................................. 40 9.03 Furnish Data .................................................................................................................... 40 9.04 Pay When Due ................................................................................................................. 40 9.05 Lands and Easements; Reports, Tests, and Drawings........................................................ 40 9.06 Insurance ........................................................................................................................ 40 9.07 Change Orders ................................................................................................................. 40 9.08 Inspections, Tests, and Approvals .................................................................................... 41 9.09 Limitations on Owner’s Responsibilities ........................................................................... 41 9.10 Undisclosed Hazardous Environmental Condition ............................................................ 41 9.11 Evidence of Financial Arrangements ................................................................................ 41 9.12 Safety Programs .............................................................................................................. 41 Article 10 – Engineer’s Status During Construction ....................................................................41 10.01 Owner’s Representative .................................................................................................. 41 10.02 Visits to Site ..................................................................................................................... 41 10.03 Project Representative .................................................................................................... 42 10.04 Rejecting Defective Work ................................................................................................ 42 10.05 Shop Drawings, Change Orders and Payments ................................................................. 42 10.06 Determinations for Unit Price Work ................................................................................. 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work................ 42 10.08 Limitations on Engineer’s Authority and Responsibilities ................................................. 42 10.09 Compliance with Safety Program ..................................................................................... 43 Article 11 – Amending the Contract Documents; Changes in the Work .....................................43 11.01 Amending and Supplementing Contract Documents ........................................................ 43 11.02 Owner-Authorized Changes in the Work .......................................................................... 44 11.03 Unauthorized Changes in the Work ................................................................................. 44 11.04 Change of Contract Price ................................................................................................. 44 11.05 Change of Contract Times ................................................................................................ 45 11.06 Change Proposals ............................................................................................................ 45 11.07 Execution of Change Orders ............................................................................................ 46 11.08 Notification to Surety ...................................................................................................... 47 Article 12 – Claims .....................................................................................................................47 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 12.01 Claims ............................................................................................................................. 47 Article 13 – Cost of the Work; Allowances; Unit Price Work ......................................................48 13.01 Cost of the Work ............................................................................................................. 48 13.02 Allowances ...................................................................................................................... 50 13.03 Unit Price Work ............................................................................................................... 51 Article 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......52 14.01 Access to Work ................................................................................................................ 52 14.02 Tests, Inspections, and Approvals .................................................................................... 52 14.03 Defective Work................................................................................................................ 53 14.04 Acceptance of Defective Work ......................................................................................... 53 14.05 Uncovering Work............................................................................................................. 53 14.06 Owner May Stop the Work .............................................................................................. 54 14.07 Owner May Correct Defective Work ................................................................................ 54 Article 15 – Payments to Contractor; Set-Offs; Completion; Correction Period ..........................55 15.01 Progress Payments .......................................................................................................... 55 15.02 Contractor’s Warranty of Title ......................................................................................... 58 15.03 Substantial Completion ................................................................................................... 58 15.04 Partial Use or Occupancy ................................................................................................. 59 15.05 Final Inspection ............................................................................................................... 59 15.06 Final Payment .................................................................................................................. 59 15.07 Waiver of Claims ............................................................................................................. 61 15.08 Correction Period ............................................................................................................ 61 Article 16 – Suspension of Work and Termination .....................................................................62 16.01 Owner May Suspend Work .............................................................................................. 62 16.02 Owner May Terminate for Cause ..................................................................................... 62 16.03 Owner May Terminate For Convenience .......................................................................... 63 16.04 Contractor May Stop Work or Terminate ......................................................................... 63 Article 17 – Final Resolution of Disputes....................................................................................64 17.01 Methods and Procedures................................................................................................. 64 Article 18 – Miscellaneous.........................................................................................................64 18.01 Giving Notice ................................................................................................................... 64 18.02 Computation of Times ..................................................................................................... 64 18.03 Cumulative Remedies ...................................................................................................... 64 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v 18.04 Limitation of Damages ..................................................................................................... 65 18.05 No Waiver ....................................................................................................................... 65 18.06 Survival of Obligations ..................................................................................................... 65 18.07 Controlling Law ............................................................................................................... 65 18.08 Headings ......................................................................................................................... 65 EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is re quired by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contrac t; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that E ngineer EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer—The individual or entity named as such in the Agreement. 21. Field Order—A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work—Work to be paid for on the basis of unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or reli eve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 8 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 3 – DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Verification of Figures and Field Measurements : Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with t he Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or decision will be f inal and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 10 of 65 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any ti me within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Contract, whichever date is earlier. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date. 4.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance wi th Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 11 of 65 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all dispute s or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 4.05 Delays in Contractor’s Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 12 of 65 G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. 2. If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise; (b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent perm itted by Laws and Regulations, indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 by, or based upon, Contractor’s performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condi tion all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized : Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shal l not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer’s Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner’s obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. C. Owner’s Statement to Contractor Regarding Site Condition : After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor’s Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer’s Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer’s findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner’s Statement to Contractor Regarding Underground Facility : After receipt of Engineer’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer’s written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; c. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.B. 2. If Owner and Contractor agree regarding Contractor’s entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner’s issuance of the Owner’s written statement to Contractor regarding the Underground Facility in question. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 17 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner’s written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 8. I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until o ne year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner’s termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is mai ntaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor’s interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor’s Insurance A. Workers’ Compensation: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance for: 1. claims under workers’ compensation, disability benefits, and other similar employe e benefit acts. 2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees (by stop-gap endorsement in monopolist worker’s compensation states). EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability—Form and Content: Contractor’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor’s pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 of pollution conditions arising from Contractor’s operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor’s professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. I. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. J. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 6.04 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner’s liability policies for any of Contractor’s obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder’s Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder’s risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder’s risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as “insureds.” 2. be written on a builder’s risk “all risk” policy form that shall at least include insuran ce for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehi cle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. 8. allow for the waiver of the insurer’s subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured. C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Contractor) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder’s risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor’s expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder’s risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the offi cers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder’s risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder’s risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 26 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder’s risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner’s written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 “Or Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an “or equal” item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each “or-equal” request. Engineer may require Contractor to furnish additional data about the proposed “or-equal” item. Engineer will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an “or-equal”, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 D. Effect of Engineer’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The Engineer’s denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer’s Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer’s review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer’s determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer’s Cost: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. F. Effect of Engineer’s Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer’s denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor’s Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall subm it to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so i dentified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner’s requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. J. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor’s Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, C ontractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all 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 or other action. It shall not be Contractor’s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor’s Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor’s duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier return s to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer’s Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer’s review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer’s review and approval of a Shop Drawing or Sample shall n ot relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer’s review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer’s receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer’s charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer’s charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Con tractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor’s performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services mu st satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the C ontract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be perfor med by Owner’s employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that C ontractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner’s employees, any other contractor working for Owner, or any utility owner causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner’s contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 – OWNER’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer’s status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Ow ner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner’s duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner’s responsibilities with respect to Change Orders are set forth in Article 11. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 9.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 – ENGINEER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer’s authority as to Change Orders is set forth in Article 11. D. Engineer’s authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of an y Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of 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 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives will comply with the specific applicable requirements of Owner’s and Contractor’s safety programs (if any) of which Engineer has been informed. ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive’s effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner-Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer’s recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor’s safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor’s Fee: When applicable, the Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and 11.01.C.2.b is that the Contractor’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor’s progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer’s Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor’s supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer’s inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer’s decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s acceptance of defective Work under Paragraph 14.04 or Owner’s correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer’s recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 – CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer’s decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor’s knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator’s fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions b ecome final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B. D. Contractor’s Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer’s written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 ARTICLE 14 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor’s expense unless Contractor had given Engineer timely notice of Contractor’s intention to EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. Engineer’s Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer’s confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer’s observation, and then replace the covering, all at Contractor’s expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such u ncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor’s full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 14.07. ARTICLE 15 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor’s conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damag es from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor’s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; l. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use C ontractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner’s objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder’s risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer’s Review of Application and Acceptance: 1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer’s opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer’s written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer’s recommendation, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor’s continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damag es (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction peri od for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period 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. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, incl uding all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 63 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any i nconsistent provisions of Paragraphs 16.02.B and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this paragraph. ARTICLE 17 – FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 – MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the givi ng of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. EJCDC® C-700, Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companie s, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract x 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and x 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. APPENDIX CFW Water Standar d Product List CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: September 06, 2019 The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water Department’s Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A.Water & Sewer 1. Manholes & Bases/Components ........................................................... 1 2.Manholes & Bases/Fiberglass ............................................................... 2 3.Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4.Manholes & Bases/Frames & Covers/Round ....................................... 4 5.Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6.Manholes & Bases/Precast Concrete .................................................... 6 7.Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8.Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9.Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer ............................................................................... 10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker ............................................................................... 12 B.Sewer 13. Coatings/Epoxy ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 15. Combination Air Valves ....................................................................... 15 16. Pipes/Concrete ...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE .......................................................................................... 19 20. Pipes/PVC (Pressure Sewer) ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/Rehab/CIPP ................................................................................. 22 23. Pipes/Rehab/Fold & Form .................................................................... 23 24. Pipes/Open Profile Large Diameter ...................................................... 24 C.Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Valve ........................................................... 27 28. Dry Barrel Fire Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra-Seal P-201 ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press-Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Non-traffic area5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019* From Original Standard Products ListClick to Return to the Table of Content1 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowtite ASTM 3753 Non-traffic area08/30/06 33 39 13 Fiberglass Manhole L.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 1330" Dia. MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 1330" Dia. MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 1330" Dia. MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 1330" Dia. MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 1330" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 1330" Dia. MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.09/16/19 33 05 13.1030" Dia. MH Ring and Cover Composite Access Products, L.P.CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)* 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia.* 33 05 13 Manhole Frames and Covers Neenah Casting24" Dia.* 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia.* 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia.03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia.04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia.* From Original Standard Products ListClick to Return to the Table of Content5 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)* 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48"* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48"09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60"10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc.48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72"09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72"* From Original Standard Products ListClick to Return to the Table of Content6 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious* E1-14 Manhole Rehab Systems Quadex04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSPE1-14 Manhole Rehab Systems AP/M Permaform4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System5/12/03 E1-14 Manhole Rehab System (Liner) Poly-triplex Technologies MH repair product to stop infiltration ASTM D581308/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use* From Original Standard Products ListClick to Return to the Table of Content7 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790* E1-14 Manhole Rehab Systems Sun Coast12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Epoxy Sewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior) Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)* 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia.* 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia.09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia* From Original Standard Products ListClick to Return to the Table of Content9 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48"09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48"03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel)03/19/18 Casing Spacers BWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)* 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30"08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30"* 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151* 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.3312/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2"* From Original Standard Products ListClick to Return to the Table of Content15 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Concrete* E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76* E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76* E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- PipeASTM C 76* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell Systems McLat Construction Polyethylene Houston, Texas Approved PreviouslyTRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously* From Original Standard Products ListClick to Return to the Table of Content17 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast Fiberglass Hobas Pipe USA, Inc. Hobas Pipe (Non-Pressure) ASTM D3262/D375403/22/10 33 31 13 Fiberglass Pipe Ameron Bondstrand RPMP Pipe ASTM D3262/D375410/30/03 Glass-Fiber Reinforced Polymer Pipe Thompson Pipe Group Flowtite ASTM D3262/D37544/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/HDPE 33-31-23(1/8/13)* High-density polyethylene pipe Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8"* High-density polyethylene pipe Plexco Inc. ASTM D 1248 8"* High-density polyethylene pipe Polly Pipe, Inc. ASTM D 1248 8"High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/PVC* 33-31-20 (7/1/13)* 33-31-20 PVC Sewer Pipe Certain-Teed Products Corp ASTM D 3034 4" thru 15"* 33-31-20 PVC Sewer Pipe Napco Manufacturing CorpASTM D 3034, D 17844" & 8"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) ASTM D 3034 4" - 15"12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"* 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thru 15"33-31-20 PVC Sewer Pipe Royal Building Products Royal Seal Solid Wall Pipe SDR 26 & 35 ASTM 3034 4" thru 15"01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thru 15"11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27"* 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) ASTM F 679 18" - 27"09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDr-35 ASTM F-679 18"05/06/0533-31-20PVC Solid Wall Pipe Diamond Plastics CorporationPS 46 ASTM F-679 18" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15"*33-31-20PVC Sewer Fittings Plastic Trends, In.cGasketed PVC Sewer Main Fittings ASTM D 303411/17/99E100-2Closed Profile PVC Pipe Diamond Plastics CorporationASTM 1803/F794 18" to 48"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 35 ASTM F679 18"- 24"3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15"9/6/2019 33 31 20 PVC Sewer Pipe NAPCO SDR 26, SDR 35 ASTM D3034 4" - 8"9/6/2019 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26, SDR 35 ASTM D3034 8"* From Original Standard Products ListClick to Return to the Table of Content21 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)* Cured in Place Pipe Insituform Texark, Inc ASTM F 121605/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-581305/29/96 Cured in Place Pipe Reynolds Inc/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Rehab/Fold & Form* Fold and Form Pipe Cullum Pipe Systems, Inc.11/03/98 Fold and Form Pipe Insituform Technologies, Inc. Insituform "NuPIpe" ASTM F-1504Fold and Form Pipe American Pipe & Plastics, Inc.Demo. Purpose Only12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 186706/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Carlon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48"09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra-Rib Open Profile Sewer Pipe ASTM F 679 18" to 48"E100-2 PVC Sewer Pipe, Ribbed Uponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 2736 24"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTite HP Triple Wall Pipe ASTM F 2764 30" to 60"05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products Durmaxx ASTM F 2562 24" to 72"* From Original Standard Products ListClick to Return to the Table of Content24 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1"10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NL AWWA C800 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NL AWWA C800 1"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 372 2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 372 1-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 372 1"01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 240 AWWA C-223 U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A"Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Combination Air Release 33-31-70 (01/08/13)* E1-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"* E1-11 Combination Air Release Valve Multiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"* E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-50203/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-50201/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-50208/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-50209/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-50210/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawings No. 6461 A-423 Centurion AWWA C-50201/15/88 E1-12 Dry Barrel Fire Hydrant Mueller CompanyShop Drawing FH-12A-423 Super Centurion 200 AWWA C-50210/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-50209/16/87 E-1-12 Dry Barrel Fire Hydrant Waterous Company Shop Drawing No. SK740803 AWWA C-50208/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Meters02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10"08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure Pipe Vinyltech PVC PipeAWWA C900, AWWA C605, ASTM D1784 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12"3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12"5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation Trans 21, DR 14, DR 18 AWWA C900 16"-24"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 14 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 16124"-12"12/6/2018 33 11 12 PVC Pressure Pipe J-M Manifacturing Co., Inc d/b/a JM EagleDR 18 "Blue Brute"AWWA C900-16 UL 1285 ANSI/NSF 61 FM 161216"-24"9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR15 AWWA C900 16" - 24"9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4"- 12"9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12"* From Original Standard Products ListClick to Return to the Table of Content30 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AWWA C153 & C110* E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110* E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98 E1-07 Ductile Iron Fittings Sigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14 E1-07 MJ Fittings AccucastClass 350 C-153 MJ FittingsAWWA C153 4"-12"05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C153 4" to 36"05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C153 4" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C153 4" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C153 4" to 12"08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co.Sigma One-Lok SLCEAWWA C111/C153 12" to 24"08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co.Sigma One-Lok SLDEAWWA C153 4" - 24"10/12/10 E1-24 Interior Restrained Joint System S & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-1624 4" to 12"08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore)Mechanical Joint FittingsAWWA C153 4" to 24"11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C111 3"-48"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C111 4"-12"03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C111 16"-24"* From Original Standard Products ListClick to Return to the Table of Content31 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16"12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36"08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24"05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16"10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12"08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48"05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12"01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company20" and smaller* E1-26 Resilient Seated Gate Valve Kennedy4" - 12"* E1-26 Resilient Seated Gate Valve M&H4" - 12"* E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12"11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16"01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36"01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48"01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12"10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16"11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3)11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3)05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"* E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.15 4" to 16"* From Original Standard Products ListClick to Return to the Table of Content32 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)* E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24"* E1-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AWWA C-504 Up to 84" diameter04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48"03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" * From Original Standard Products ListClick to Return to the Table of Content33 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWA C105 8 mil LLD05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement fro DIP AWWA C105 8 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34 Approval Spec No. Classsification Manufacturer Model No. National Spec SizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Updated: 09/06/2019Water - Sampling Station3/12/96 Water Sampling Station Water Plus B20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35