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Contract 57097-PM1
CSC No. 57097-PM 1 F��RT ��RT H PRUJECT MANUAL FOR THE CONSTRi3CTION 4F N'A �''ER, S'E N�ER, PA VtNG, DRAINA �E & S TR�E �' LIG�I7' �MPRD ifEME�TS �'O S'El� YE P�ILMILLA SFRI�V�S P�IA►5'E -6 cxc,� �r4���t �vo. rn3��� File N8. W-2795, X-27UG2 Mattie Farker ❑avid Coake Mayor City Manager Christapher P. Harder, P.E. Water Directar W illiam M. Johnson �irector, Transparcation and Pul�lic W'arks �epartment Prepared for � � � '-'��r� � 'S� ��' T�x'�•S�� j .��P.•'�� ����� : r ......� �: ��1GK� .: ��V�,,...-�r..• ','a ',.....-••' 1�� �p ;�4j� ��'�'P�'•• ��GETLr'� -' �=i ��;����5 f �5�1 P�t��G� The City of Fvrt W�rth �p?� teague nal� � perkins 5�3T N. Riverside Drive, Suif� i DO Foe� Worei�, iexas 7b137 S1T.33B.5TT3 ph 817.338.2813 fx TBPE Regiserp�ian Na. F-2�Q www.fn pinc.c�m 1 y , ti � ��� � �I� � i� '`' '� � � ����p2Z �FFICIAL RECORD CITY SECRETARY FT. 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Pn� I a!3 S�CT10N 04 42 43 bevelap�r Awarded Projec�s - P�iOPOSAL FORM tn�Y 6P rdh�1' riUh'tH STANpAftqC'pNSTRUfT10N Si'I:C:lFlCATI6N 11GS:lJMENTS-BEYELQPER A1YhR6EfsPH016C'f5 F'umi V.oiou S:puml.;r ]. 2n �S Rh fi �lfl d] J3,��J P�unosu}�SAP - Lucy.�la 1��V1T �I�I�� BID Bidder's App�icatian t�n���a 17,�P-BII] 1�RONO�nL Pagc 2 nf 3 sEcrioN aa 4z a3 Developer Awarded Projects - P�dP�SAL FORM �JNIT PRIC� �1�3 Bidd��"s Applicat�on S§ajeut ]te�n hiF4nn91i4n [lidder's flittpnsnl E3id19sl Sla» i]p.�etip[ioii Spccifivacion Sec�i�i No. Uuit pf ��d Uuit Pi7eC f�ld u;1�uC N�, ,Uleasure {�uauliiy N T : RA N,f", IMP 4 E TS ��� k 3137,0�p7 f�fOck Ri ra , d 31 37 UO SY 257 $If19.�{7 SZ7,7S(�.s70 .2 33i1S.Dlb9 Trench Saf'e 33 QS !4 LF 5552 SO.A9 5?,72U.43 3 3341.f120] ?1"RCP.�lag;clll 3341 !0 LF 2lll 56236 Si2,514.]6 �{ 33�i1,0245 2�1" 1ZC;f'. Ciass 111 31 dl i(} LF 1387 �67.77 5�3,9�J6.�19 S 3341.02(1R 27" HCP, CE�sv �;� 33 41 ]0 L� 94t �76 � I �72,379.46 6 3341.03t12 3b" ]tCl� C3:�ss tiI W 33 41 t0 I,i� 14 S]D7.s4 S3.a42.50 7 3341,43Q9 36" 1tCP, Cl�ss fl� 33+J 1 14 Lt� 1�1G9 512�.(D �183 C1S74� S 33d1.U402 d."Et[;I� Cfa�xfl! 3_l�tl lq !.f' 2U9 5164.75 $:i4,412.75 9 3341.0-009 4$" F2C;F, C[�,i5 [[f 33 41 �[1 LF 23� 53U3.3& �47,3R8.30 in 3341,1103 4r4LinxCu]vcrc 33�i ia z.r• ��n �zs�.3� ��7,ic�o.�o I[ 3341.1403 7x5 ftnx Culaer�t 3J +a 1 10 LF 563 55��.14 $280,578,54 I Z 33d I:'60ry 1 UxS Ha� Culvert 33 41 I U I,F 333 37b3. I 3 $177,$A9.39 i3 s3ai.�io2 �ixsr�oKcuiv�n 33a1 Ip LI' 3a �884.92 �2s,189.4d ia 3349,OQ01 a� sco�mis�Rc���n Q4� 3� a� �o �n a �}.oa�.oa sas,�aa.ao ] i 3349A[�02 S' Stann lunctiun ¢o� 33 a9 10 E�1 2 55,3ib.00 31f+,G32.00 16 )$4Q,$qpl 1�1' C;urb IFlies 33 49 34 EA 6 56,448.04 $36,ze�.00 3 i 3#49.5{lU2 i 5' Cur6 Inlet 33 d9 2(i EA 9 5$,:p8.60 573.8i2.C�6 ! 3 3349,SQ43 2(}' Cwrb InIcS 33 d9 24 E�i 4 $$,G40.44 $34 360.0� (9 99�1sJ.UA46 'i;�rL7i5rt' I-FG-3 f� Wl Cirate Iulet }3 44 20 �A 2 .�(r,ASi7.00 312 96U.04 20 4949.D(7�7 Ia'�c14'8",�uncliunBo� 334416 EA 1 S'37,Gi0.0U S37Cr50.00 .� 9999,400$ $'x14"8" Junctia� 13ox 33 d9 10 f:A 1 $22,450.(]Il 322 ASq.Dp 22 4994,6Q09 4: ] Slo xd ] f��dtivstli 33 A9 Aq C'.1 3 5?4,750.OU 524,750.40 23 9h99.4I11� `f c'13' Flcad�vull 33 49 dD l=�t t S5, ]A4,0(1 55,184 [ip N T • $'E,3-04,555.11 N7 V•P V M T I 3211.411! 4" flexitllc I3�Sc,'T A,GR-I 37 I] 23 SY 3347 $11.�U $�8,44f1.59 2 3? i I.n�i0o 3{ drm�cd Limc 32 I 1 29 T�JN 377 $ � 7(S.9h $6a 4a4.38 3 32k1,0�02 6"l.im4Tr���lnt4nl{3�161$j') 32I129 SY 2�124 5�.7& 569844,72 � 3212.03f77. 2"As haltT'vmt"T' D 32121Ci 5Y 6�l 518,00 S11,3SB.pU 5 3212.0�(l l 4" 1lv Iv�l� �3;iys T•� j3 3: 12 1 b SY G31 53ri,D0 523,97R.04 fi 32�.3,f1101 fi"CuncPumt 321313 SV 24G21 S394J 5460,457.63 7 32f3.[}3[]I 4"CuncSidett�alk 3'� 13�6 SF 1954 SG.G2 $12.4{)9.04 g 32E3A501 i3arrierFreef{am .'1'� elt-1 321320 C'A l� SI,R79.fi7 52?.,5if�.0A 9 3'?13.05[]5 [3arrier Frz� Rarn f, T e p-1 3� 13 20 EA 1 S SI,$7z1.67 533,A34.06 lfl 9�99,UOU3 Cnnncct �a Gxisiin & lteinaval of C3arricrs 40 UU OU I,S 3 Sfi58.7C, $1,97h.,28 l i 9999,U004 Pavemani Markin 1 Si n c 40 (�0 00 LS � Sfi,750.ti0 �6,75(7.00 12 9994 [J(1pS En4 uf Road Rarricadc and Hcacler 40 I10 40 f_A 5 S1,2(}Cl. l 7 .�6,p0�i,8S t A 15l• A MA $1,253.0$9.48 Ciry ar roRr worr-rii STAN6AR6CONSTRl1C'.7fDu SPFCIFICATSON 170C1]MtNtS. o�V6�0i�ER n�VAlt6El] rk6�tf'E'i Pom� Vcivfw� S�picinlsr l, 2i} 15 Pli f�� a± 43_lli�i Piuposoi bnM • L�cy.sts �m a+, sa U.ar. LIL7 rk[]rdSn� Pnpk 3 af l SECTION 00 d2 43 Developer Awarded Proj�cts - PROP4$AL F¢RM ur��r ���c� si� Bidder's Appli�atiar� I'rojec{ llcm h�lp���uSiole liiddci"s Pmpnsa� f3idlist I;ciu [;IlitzYf Uid �a L7uscriyuou $pecificnlipn $cc�i�o Np, �eas re UIiiL PYicC DiII V:1�u� u Quantiry fiid Summary UN�T 1:1NATER I�vtPR�VEMENTS lJNIT !I' SAhiITARY SE1NtF� InIlWRQ1/�CN�N7$ 11Nl7lll: pRAfi�AGE IMPR4VEMENTS [�NIT IV PAII{NG ENkF�F�OVEMEN7S $599,176.14 $577.19$.6fi $1,34b,5a5.11 $1,253,p99.46 COMtrACS4r b�rcca lu complelc i1'ORIw inr F-lNAE. A('C.'F.Irt"AfY(:E i�•Fthin COHTRAC]' aammcnccs tn ran ae providtd ln Ilsc Gt��ernl Coqdltlons. F.M1'd OF SEC7CON {fYY i1F FOR7 5V{}RTN 5'E'AN[SARI) CONSTRUC716N SPECI FICAT[ON I70CL13i�:N7�5 . oY�ELOI�eIt n1V.�Moeo rKNrf,r3 Fo:niV.rvi4uiSdp[cinlxr I.'_[IIS 'fntnl Coo7lru�pon IIiJ i Si wtr� kiltg dNys M1ie�• lLe dotc whCn thC �1, fi h� qa �3_E�� rr��wsai„nnp . i.,,cy.,ia tl0 AS l2 QAP PI�EQUALIF[CATION STATEMENT Poge 1 of I SECTIQIV QO AS X� DAP , PREQUALIFICATIDN STATEMENT Each Bidder is requited to corriplete tfie infonnation belaw by ideutifying the prec�uali�cd caa�tractars and/�r subcv�atrac#ors whain they intend to utilize for the inajox work type�s) Iis#ed. In the °`Mnjor Work TYpC" box t�rovide the can�plete major work typ� and actual description as prorrided b,y_tlze Water DeparEment for water and sewer and �'�W for pavin�• � Majar Work Type ContractorlSubcaa�tractar Company Name prequali�cation Ex ii�ation Date �VS�CI' D13i1'lULI'11011, L.H. Lacy Cornpany, Ltd DcvcloE�mcnt, 2�4-inches and ���o ��� smallcr � Sewcr Collcction Systcin, T..H. Lacy Cqmpany, �,td � j�� f ❑cvc�o��n,cnt, 8-i�icf7cs a��cl � � ��. smallcr Concrctc PEi�ing L.H. iacy Company, Ltd [�p11Stl'1,1Ctip17��CC011S�1'UClll)Il � �'�p �,�� (15.00Q sc�uarc yards zi3d GR�ATER] The undersigned hereby eerkifies that tl�e contract�rs az�d/o�r subcantractois described in tfle table above are evrrently prequafifi�d far the wo�•k types Iis#ed. B�ADER; L.H. Lacy Company, L#d. 1880 Crown Road Dallas, TX 75234 � ignature) TITLE: Qi� � �� ri•� I7ATE: i l) �• { Z � �1�iD UF SECTION CITY QF FpAT WQpTN STANDARDC4NSTRLICfIQNRRE4VALIFI[qT14N5TA7EMENT-1]EVEL4PERAWARGSCPROJECT5 U04512_PrequaliiicativnStatement2075 aAP.dacx Farm Versian 5eptember 1, 2015 0o a� �6 . r COhiTRACTOR COiV1PLIFlNCE WIT1i WORICGR'S COMPEhSATIUN LAW Pagalafl 2 LSECTYUN 40 �5 26 CONTR.ACTOR CQMPLIANCE WITH WO�ER'S CDMPENSATION LAW � Pursua�Yt to Texas Labar Code Sectian 4Q6.096(a), as amended, Contractpr certifies #hat it 5 provides wvrkcr's compensatian ii�suraiYce co�erage for al� o;Fits ctr�p�ayees employed on City G �raj�ct No. 1�3GI2. Cot�tractor further certifies that, �ursuant to Texas Labar Cod�, Section 7 406.096(b), �s $mended, it will provide ta C'rty its subcontractor's cert��cates of corn�liance witFti 8 �ork�z's co�pcnsation coverage. 9 10 11 12 13 14 15 16 I7 1$ 19 i0 2I 22 23 24 CQNTRACTQR: L.k�. �,acv Comnanv. Ltd By: ��s��� �..' C•'� �{•��„ CornpAny (P1 ase Px•int} 1$S� Crown RaAd Signature: Address Dallas Texas 75234 Title: ���"� � �''� ""� CitylStatelZip (�lease Print) —� THE STATE OF TEXAS COUNT� OF TARRANT � 2S BEFORE ME, the undarsigned aut�iority, on this day ��rsoiially appeared 26 ,�rjla.� i�c'��+:.�-�1, . , known ta me to be the person whas� na�ne is 27 subscribcd o t�ae foregoing ins#nament, aizd aclulawledged ta me tliat liclshe exacuted the saine as 28 thc act and deed of L.H. Lac,f�C_a_mpan. , Ltd, , for the purposes and 29 cansideration therein �xpresscd and in #he capacity therein stated. �a 31 32 33 34 35 3G kfl 38 39 40 41 4Z 43 44 45 �GIV N UNDER 1VIY HAND AND S�,4L Q� Ok'k'ICE this Z�� day of _ .} c•�..i�Lc.�c�Y�—f ,, ���'1:�'~ �'�Y "�. :;;�••"`'��;: DAWNMfCHELL�t(7FLAIVD :": � € My Not�ry Ib � 11384894 '.�-. ��: �".�'�� a¢+�' Explr�s August 8, 24Z2 ' � 'r .GL C' ' �� `��ota Public m and For th tate Tex ry a �s END OF S�CT�QN CiTY Or r•O[tT wORTH Pfrr.�trrr.r.:i s��rrrn�r;sr�ir,rsr � $7'ANDAC�17 CONSTRUCTtON SPECiEICATION DQCIJMENTS C.'!TY!'liOJECTNa. 10�611 Roviscd April2, 201A 40 S2 43 - � Dav�la�ror Awnrcicd Froject Agrcemcnt Pugc ] of 4 SECTIUN 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, autharized on ���� is ivade by and between tl3e Deueloper, 4 (H.MH Palrn'tlla Spriugs Det�el�pment, Irtc,), authorized to do business in T�xas ("�eveloper"}, 5 and L.H. LacY Company, I,,td_ au#liorized to do business in Texas, acting by and tliruugl� its duly G �L1t1101'1ZBd L"�(]l"�5�11t8tIV�, �"�011f["9Ct�l'"�, 7 Developer az�d Cantractor, i�i cansideration of the �t7utual cavenartts i�ereinatter set fo�•th, agree as 8 fallows: 9 Article 1. WORIC 14 Canttactar sl�alI complete all Wark as specified or indicated in ti�e Contract Docu�nents for tl�e I I Project identified herein. 12 Article 2. PRQJ�C'�' 13 The project for wl3icii the Woric ur�der the Contract docu»�e��ts nnay be the wl�ole or oiily a park is 14 generally described as falluws: 15 Wplc��•, Se>>}er•. Pcrvi►r�7, D►•ar��a_�c� Slr•eed Lrglrt h1r��1•nti1c,��ue1i1,� �o Pcrl�lrrllcr S��•i,r.crs Pl�crse� 6 � S Cirti� P1•n "c�c�� Nrt. 103G12 l7 Art'rcle 3. CaNTRACT TIMC { S 3.1 Time is of Ehe essence. l9 �112 time tiEnits for Milestones, if any, and Fi��a] Acceptance as stated in the Cant��act 20 Documet�ts are ofthe essence tv this Cvirtract. 21 3.2 Fii�al Accepta�-►ce. 22 The 'Wotk wifl he complete for Final Acceptance within I4� WOi'Ifll]� �RyS aftei tlYe date 23 when tt�e Contract Ti�ne commences to run a� pravided in Paragra�l� 12.p4 oithe Standard 24 City Coifditians ofthe Cons#ruotion Cantract fo�• De�e.laPer Awarded Projects. 2S 3.3 Liquidated d�i��ages �b Gonta•actar �•ecognizes that tiine is of the essenee af this Agreement s�1d t�at Developer 27 will sut�er .fitraiycial loss if the W�rk is r�at campiet�d witE�in the ti�nes specifed in 28 Par$grapl� �.2 above, plus any eXte�isian tl�ereof allowed ii� accardance witl� Article I U of 29 the Standard City Couditians of the Canstruction Cantract for De�elvper Awarded 30 PI'O,j�CCS. TE1� COilh�$CtQr �iSQ rCCQ�nizeS illc �Cl�yS, �X�]�115� 2!!l� �IF�1CUItICS I1IVOIVC{� 117 3 � pra�ing in a legal proceeding tl�e act��al lass sut�`ered by tlie Developer ifthe Work is nat 32 campleEed on time. Acca��dingl�+, instead of requiring any su�h proof, Contractor agrees 33 that as liquidat�d daa�aages for delay {but noc as a penalty), Cantractor sI�all pay 34 Developer T���a Nrrncli•ed Forr�r Da[Iars ($?40. t10) �For eaclt d�y that expires after the tinie 35 speeified in Paragraph 3.2 fvr Final Accept�nc� u��til the City issues t�1e Fi�tial C.etter af 3G Acceptance�. CITY OF f'ORT WQR'£H A'rfl.Alll.l.fl 5P12fN[;SPJ�1;�51i (� STANDARdCONSTRUCT[ONSPGCIffCAT10NDQCT,JM�NT$—DF,V�[.C]P�;RAWARi]EbPCiOJ�C"!'S CYTYJ'RUJI.:CT1Vu.103S1? Re�ised ]une 16,2a1fi O(] 52 43 - 2 ❑cvc�bpcl- Awlydcct Yrnject Agrccmcnt PUgc 2 o f 4 37 Artiele 4, COI�TRACT FRiCE �S Develnper �grees to pay Caiitractor fdr peeformanc� vf the War4c in accordance wtth tlie Conttact 39 Docume�its an amc��E��� in curr�iit fua�ds af T'hcee Millioit, Se�ert I-{u��Ljl'�CI_S�V�13�._TllQll5�17d, 40 Twe�� -Nir�e Dol�a��s aa�c� Thir -Seve�� Ce�lis {$3,770,0�9.�7). � t Artic�G S, C�N'�'[iACT I30CUMENTS 42 5. � C()NTEI�ITS: 43 A. The CUn#ract L]ocui�lBntS WIti1Cl1 C0117p1'!S� tI1� etitlt'� �gr��ri��[7t I]�tW�E�i DevelOper �rid 44 Contracto�� concerr�in� tlye Wn�k cansist ditile f¢llowing: 4S 1. Tl�is A�reemenE. 46 47 48 �9 54 51 �2 53 54 55 SG 57 �S 59 60 6! �2 63 64 65 5G 67 GS b4 70 7! '72 73 7�1 � 7 2. AtE3Chilients tb tlti� 11greCrn�nt: a, Bid Forn� (As provided by Developer) 1} Propasal Parm {aA�' Vcrsio�i) 2} Prequalificatic�n State�»eitit 3) Sta#e and Federa� docui3leslts ��a•ajects�ecificj I�. I��Surance ACC]RD Fa�'�n(s} c, C'ayinent Band (DAI� Version) d. Pei•for��iaE�c� Bo�id �DAP Versiai7} e. Maintenance �3ond (C�A�' Version} f. �'ower of �tkorney for tl�e B�nds �. 11�brker's C�mpe�isation Affdavit k�. �l[3C and/or SB� Cor�lR�iit►e���at �'orna (.�t required) 3. S#an�ard City General Ca�lditions �f' tl7e Cd�1Str�[CtiOn Contract fai• D�vcloper AwaE�ded Prajects. 4. Sqpplemeutaey Conditions. 5. Specifi�atioi�s s[�ecifcally m�de a part of tlae Contract 17ocumeEt#s by attach��tient o��, if not aitaci7ed, as incarparated by reference a��d desc�•ibed irr tl�e Table of Cof�tents of lhe i�ro�ect's Co�ttract Documents. Drawi«�s. Addenda. 8. M�ocurr�eiltatian submitted by (:ontractar ��riar to Natice of Award. 9. `�'Iye foll�wing w�liclt n�ay be delive�-ed o1• issued after tlie Effective Uate at thc Agree�nent and, if issu�d, k�eeome aa� incorpoxated part af tl�e Concract Dacuments: a. N�tice to k'ro�eed. �. Field Orders. c. Chan�;e Qrders. d. L,etter of Fina� Accept�nce. cirY or [-ort� wart�F� �s.a�.,tilu.r.: r.sr�irr,��c.5 FI1:1.5I, r sra�a��Rr� cor�sTaucTtarr spec�r�cnT�a�v �roc�t�t�.rr•rs- nEvri,ar�Ez ,awnnnr:a �rco�FCTs c•�r►�rt�r�.rr:c�1•nr�,. ar,.��,r i rzcviseci Junc �6, zo�b flOS2A3-3 l�cv�toper I�ws�rdad Prajoct Agrccrrre3u haoo 3 of4 75 Artiele 6. INDEiVINIFICATION 76 7? 78 79 8D S1 $2 83 $4 $� $� $7 S8 89 90 91 92 93 94 95 9G 6.i Contrac#vr cnver�an#s and agrees ta indemnify, l�old l�armless and �cfenc�, at its vwn ex�ense, the eity, its nf�cee-s, serva�►cs aud e�np��yees, f��orz� a�nd against any a��d ail c�aims arisin� nut nf, or alle�ed to ari�e out of, tt�c work and services to be perfor�tied by tlie cantrac#oa•, �ts o�cers, agents, emptoyees, subc�►ntraccors, licenses ar invitces Under this coniract. _Tltis. iptlemnific.ation n�•vvisia�� is sneci�cal�Y inte�ided to oner�Ee and be effecti�e even �f it is a��el�e�� or n�`ov�n th�t ,al1 or, so�ne .of tl�e dama�es l�ei��� sou llt wer� CAGISCd k�l '4w+ilOZ� Or en art b a�� act 4miSSR01� Oi' Il�at��+���ec of the ci . TE�is indeinrtify pravision i� in#ended to �nclucEe, w'ithnut limit�tion, indernnity fr�r casts, expenses aud le�;�t! fees ineurred by tl�e City in defendi�g againgt suctt claims and C�IUS�S 4� AGL10RiS. G.2 Contr�etar tovenai�ts an� agt-ees to indemnify and hold harmless, at its awn expense, the city, its �fficers, sea�v��ts a�nd ctt�plo�ces, frorn and aga�nst any ancl all loss, datnage or destructiar� of property af tl�e city, arisiug aut vf, a�• alEegcd to arise out of, El�e worlt aud se�vices ta he per#'armed by 1h►c coyyl'r:lcfor, its �f�cers, �i�CiliSi e�te�,lc�yees, Sll�COI1tC�CtOt'Sa Eicensecs ot• �n�it�es u�de�• rl�is cv�zt��ack. Tl�is i��+.rcrn�i�cation �ravisinn is s eei�fiall intendec� to o eraie at�d be effee���'e e�'en if it is �IEe ed nr �rawen tl�at all or sot�e o�'the ��ma�es bein�* suu�ht.were caused, in wt�Qic o�• i� nart, bv any act, on�issioEa ar �ze�,ti,g„encc„nf the city. Artitle 7. MISCELLANE4US 97 7.1 Terms. 9$ Terms used in this A�recment aa•� defti�ed in Arlicle 1 of the St�rtdard City Conciitipns of 99 the Constructi�n (;ontx�ct fot' Developer Awarded Projects. l00 7.2 Assignme�at vfiCvntract, 1Q1 Tl�is Agre�ment, i«cluding al[ af ti�e Coaitract Documents i��ay ��ot be assi�ned by the 102 Cptltr�Gt01' W1tItOUt ti12 ��V1.t1C2CI �?Lpl'�55 Wt�ltt�n COnSC1lt oFt}le DcVc�p�]E1�. �03 7.3 Successors a�td Assigns. tDd Deve[aper ar�d Contractor eacl� binds itselt; its partners, succ�ssors, assigns a��d �egal tOS representaliaes Co tlie �tltet• party here�o, in respect to all coWen���ts, agree��7ents a�ic! La6 ob�i�atia�is cpi�taincd in t��e Cpnkt'7Ct �]OC11t17C.ttt5. l07 7.4 �everabiEity. l08 Auy pr•ovisia�i a�• �a�rt o� t�ie Canti•act Documen�s held tn be uisconstitutio�lal, �oid or 109 u�te�aforceable by a caurt oi.' com�eten# jurisdiction shall b� dee��ied stricke��, and all I10 rei�tainir�g €]f�VIS10IlS slla�! c���tii�u� tv be vali� and binding upc�n .DEVELOPER an� ] 1 l C(�N'L'�t,11.C'!.'0.�. 1 t2 7.5 GOV�Yrii17� �,.aw and Ve�7ue. 313 This AgA•eement, including all of the Contract Documcnts is perfo��mable ti� tii� State of l!4 Texas. Ven�:e shal! be Tarra��t Co�tnt�, Texas, o�• tl�e lJnited States Dist�•ic� Court far tiYe l 3 5 Northern District �f Tex�S, Fart Wo�rth D€visian. C[TY OI' f'URT 1[�'pRTI [ f'. fl.,blll_f,:l .51'Rf,lrtr.S 1'1�1:l.SF, h S7ANDAEtQ C(]N5TRLIC'I'iC]N SPGCEFI[:A'FION DC)CijMFhl�'S — DEVI;1_tj�'F;tt AW�1�tl.lf�I3 PR[.)JL:C-I'S C'!T-I` 1'I�f.1.I1:C7'.'V�r. 1!7_�411 Revisod June ]fi, 2416 ao sz a3 - a Dcvclaper Ativs�rdcd Projcct Agrcentciit Page � of 4 115 117 7.� f�.UtI1Di']I}i t4 51�11. il$ I19 l2� 12l 122 123 124 125 Contr$ctpr shall af#ach evidence of authority tn si�u �lgreeanent, if ot�ter tl�an duly autliorized signatory of tl�e Contracto�•. IN Wli'NESS WHEREOF, Develaper and Contractor have exeeuted #his Agreement in multiple cDunterparts. This Agreeme��t is effective as of tl�e Iast dste si�ned by the Pairties ("��;F'ective Date°°). Cantractor: L.N. Zrrc}� Co��t urr>>, Lrci B; ig ature) y C'��-�f�. {. rinted Naine) 'Title: ��� ��'�� CompaEiy Name: L.H. Lacy Campaa�y, �.td. Address: � 88p Crown Road City/State/Z�p: Dallas, �'� 75234 ���� �_ �L Date !26 Develope:•: HMHPc�llaarlla S rir� s Develo nte�at, f��c. B; ture} I�i. • l� �lSo � � ��-�-C� � Q. �,1 � � r � (Prii�ted Name) Title: � �� Compai�y name: .Fa�l►�h'Palrnillrx Sp�-i»gs �evelo��rterat, Irrc. Add�•ess: 1038 Texarz Ti•aal CitylStateJ�ip: Grapevirre�Texas/?(�(ISI �_�IR1 �-�, Date CITY Of I'QR"f WORl'E-I PftL,11f1.L�r S!'lilNCiS Al1.4.Sf; 6 5TAhi�ARD CpNSTRUCT[�N SP�Cl1�fCA'!"10N DOCUM�NTS -- dEVEL4PER AWARDED PRdJ�CTS ClTYPliOJliCT Nu. !0.?{�!? Rcviscd dunc 16, 2D16 oo�z i�� 1 MAINTLNANC� C��ND 1'age I ni 3 1 2 3 4 5 6 7 8 9 10 11 13 13 14 15 16 I7 i8 19 20 2I Band Na. 3917163 S�CTIdN 0� 62 19 MA[N'�ENANCE BdND THE STATE OF TEXAS § § I{NaW ALL BY THCSE FRESENTS: COUNTY IJF TAIZRANT § 7'hak we �„H. �acv �omnanv. Ltd. known as "Principal" herein and Great AmerlGan Insuranca Cvmpan� , a corporata surety (sureties, if nfore than ane} duly authorized t� do business in the State of Texas, known as "Su�rety'° k�ereiz� (whether one �r mare}, a�•� held and firmly bvund unto the De�elaper, HMM Pal�nilla Springs Develapment, [nc., aut�aarized to do business in Texas ("Developer") and the Gity of Fort Worth, a Texas municipal carp�ration (°`City„), in tl�e se�m afThrae Million. Severt Mundred 5eventv Thousand. Twenty-1�Cine Dpllars and Thirtv-Seven Ce�►#s f$3.770.029.37�, lawful maney afthe United 5tates, to be paid in Fart WQrth, Tarrant County, Texas, far payment ofwhich sum well and truly be rnade jointly unto the Developer and the City as dual abligees atad their successors, we bind ourselves, aur heirs, executars, admi��istrato�s, successors and assigns, jointly and severally, firmly by these presents. W��REAS, pevelaper and City have entered into an Agreem�nt far the cvnstruction of community facilities ir� the City of Fart WQrkh by and through a Comrnunity Faciiitias Agreement, CFA Nur�,bez 21-0158 : and 22 WHEREAS, the Principal has entered into a c�rtain written cantract wi#h th,e �eveloper 23 aw�rded the ��� day of �7p�ni�,�� , 20 L'� , which Cantract is 24 hereby referred tv and a made part hereaF far all purpases as if fully set �ot�kh harein, ta furnish all 25 materials, equip�na�nt labar and athar accessories as defined by law, in the prosecution of the 2G 'V1�ork, including any Work resu[ting from a@uly authorized Chsn�e Order (collectively herein, 27 the "Work") as pro�ided for ir� said Cantra�# and designated as Water, Sewer, Pa�in�, I]raina�e 28 & St�•eet Li�ht Imnra�eme�its ta Serve Palmilla Sprin�s Phase 6; and 29 30 31 32 33 34 WHEREAS, Frinoipal binds itself to use such materials and to so construct the Worlt in accardanca with the plans, speciticatians and Cantract Documents that tlte Work is and will remain free fi•am defects ity ��aterials �r worlrmanship fo�• and dwting the period af two (2) years after tl�e date af Final Acce�tance ofthe Work by the City ("Maintena�ce Perind"}; and Cl'C"Y Of� I�(JIR"I` WORTId l�.a1..1l111..a 51�171,1'c;.S f�ll.�r.t`! n STANCIARR C.'ITY C�ND1T[ONS — DEVELOPER AWARdE� PR43ECT$ ('111 1'fi�d!!'('1' �t'��. lr15r;1? Revistd 7anuary 3!, 2012 ao�z is-x MAINTENANCE BOND Pagc 2 of 3 ] WH�REAS, Principal b�nds itself ta repair vr reconstruct the Vl�ark in whole ar in part 2 upvn receiving natice fr�m 1he Qevelaper andlor City of the necd thereaf at any time within the 3 Maintenance P�riad. 4 5 N4W THEREFQR�, the cvndition of this obl�gation is such that if Principa] shall G retnedy any defectiWe Work, for which timely notice was p�•o�ided by be�elQper pX City, #o a 7 compleiion sa#isfac#ory #o the City, #hen this abligation shall beaome null and void; othe�•wise to S remain in fuil force and effect. 9 1 q PR�VIDED, HOWEVER, if Principal shall fail sa ko repair or racanstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and aIl such 12 defective Work tn be repaired and/or reconstructed with all associatecf costs therea�'being borne 13 by the �rincipai and the Surery under this Maintenance Bond, and 14 15 PRO'�IDED FURTHER, that if any legal action be filed on this Bond, ve�tue shall lie in 1G Tarrant County, Texas ar the United S#a#es I�is#rict Court fQr the Narthern Qistrict of Texas, Fort 17 Worth Divisian; and 18 19 PRUVXI�E�1 FURTHER, that khis obligation shall be continuous in nature at�d 20 suocessive recoveries may be had hereor� for successive breaches, 21 22 23 CITY QF FORT WOitTH 1' ! 1 11!! !,-i .5!'!t!N( �.5 l'1 f d 5�1i a STANDARD CITY C4ND[TIbNS -�EVELQPER AWAItnIiD Ptt01pC'rS c r t i r�tr �.ir� � r,�, �. r�1tn r= Reviscd 3anuary 31, 2U12 006219-3 MAIiVTENANCE $ONp Faga 3 c�f 3 l IN WITN�SS WHEI2EDF, t�e �rincipal and #he SUrety have each SIGNED and SEALED this 2 instrument by duiy autharized agents and afficers an this the � ��' day nf � r��u �.. 3 , 2Q �.'1 5 d S 9 10 11 1Z 1� 14 15 1G I7 18 19 2D 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 3S A EST: , ,� ' ��� � % C.+�. � � ( rincipal) Secrei�ry � � Witness as to Prineipal ATTE$'�"; (Surety) ����r AI Johnsan, Wiiness , � � - cr� �'�.1 ` J� '`r� �.,, y Wikness as to Surety �inger 7homas PRINCIPAL; �ompa�ny L.H. Lac��ito���, Ltd BY: Signature �.. } . �../ �J.'�'[Is. 1 ��� � C%11'� T�ame and Title Address: 18$U Crawn Road. Suite 9200 Dallas Texas 75234 SURETY: Great American Insurance Camn��_� � •----., � SY: � i f ati`l� Signature �� Rita G. Gulizo, Ai#orney-3n-Fact Name and Title .Address: �D1 E. Fourth 5treet Cincinnati OH 45aa2 Teiephone Number; . (513} 3B9-SpQp 36 37 *Note: If signe� hy an officer of the Surety Company, there must be an file a cartified extract 38 �iram the by-laws showing that this persan has autharity to sign such obligation, If 3� Surery's physical address is different Fi•om its mailing addrass, both »Yust �e pro�ided. 40 41 The data of the bond shall nok be prior ta the date the Contract is awarded. 42 C[TY QF FORT W02TH !', Il,4f!l,1.; I,SI'R1N�t.S �'!!A5'!s h STANDARD CITY C(}NDITION3 � D�VELOP�R AWARDED PRO!$CT$ ('!'7'S� i'RiLl1:('7' Nn, fA3b17 Revised lunuory 31, 2012 GREAT AMERICAN INSURANCE CdMPAMY� Admfni�tra#i►re Office: 3fl1 E 4TH STREET • CINCINNATi, OMI� 45202 • 513-389-5000 •�AK 519-723-2740 7'he numbcr uf per4ernn sulhori•r.�d hy 1l�is power of�Nnrney is nol mure than THREE PUW F. R pF r#TTOR�V F.Y �El]f U� KN0IVALL M�.N BY'!'IIL�SL FR�S�N"I'S: 7'hn� tlee ci1tE:A'I'AMEiKICpN 1NSURANC'G C4MPANY, u a�rporMion or�anizal and cxisting undcr „nd hy virlue of Ihe I�ws nf the StHle af Qliiu, does 3�erel�y numi�isu�, ccansiitutc anJ appuini ihe perxctn cre perKcmx name�l helvw, each individuul ly if more ilran dliC IS hunlCd, its truo �nd lawful nitor�icy-in-ti�et, f4f I� i!I]d 111 If5 118111C, �IGCC Alld StCii(� i0 C1(CCLi1C tll1 �ChFiIFOf 1i1C Silld C01rtNA[lY, AS SIITCIy, Rll'J pR(I 0.II b011LI8, un�crlukings ancl conira�ts ol'sun�tyr;]►ip, or nlhor +vriltcn obligatians in thc nflture thcrcnf; prnvidcd lf�ui tl�c liflbiliiy of �k�c sxid C:cr��sps�t�y on nny nuch hnnd, undenaking �r cantract vf suretyahip executed under il�is authorily xhuA nat exceed the lirnit stated 6elow. RITA G. QULIZO SIJSAN �. ZAPALdWSKI �AVIp 7, MICLETTE Namc Addrexs ALL OF NEW 4RL�ANS, LOUISlANA Limit af 1'ower ALL $i 00,040,OUb This Po�vcr ot'Attorncy rcvokcs all prcvio�is powcr� iysucd on Ucli�dfof thc uqur�iey(s)-in-fuct numed �ibuve. 1N WITNFSS WiiFRFAF Uio Gi�EAT AMF.RICAN lNSURANCE COMPAAIY hns cnuscd �licsc presen�s ta Uo siyned nnd nttestpd by its apprapri�tc c>ff"iccr:� ���rd itti aarpuntte ;�eul hercunlo uff'ixed ihis 13TH duy of APRIL , 2024 , A1CC51 n���A' �r",,..... y � �:' , ri �:�:��'� L' . . rfs.Sl.rfa��f SeKvrf«t�� IVo. 0 19984 f)fvi.viuuta! Sci�inr 19rc l��vairl��+if STATE OF Ol �1[}, C:�[1NTY U� 1 EhMILTON - ss: MArtK vica,�tEo (e�t-ai�•2aas� On Ilriy 13TH dxy crf APRIL , 2020 , be!'nre mc per�t►nully Ei�ryes�r��cl MARK VI[;A �I[), to mc knnwn, being diily sworn, dcp���cs nncV suys lhul hc r4sid�s in C'incinnuli, [)i,ic�,lhAl he is a UiviKion�il Senic�r Yicr Pre�;idem af thu k3und Uivisin�i af Crc�t Amc,•icsrrr in,ur�mca ('urnpany, Iha C'Ori7]7iYt1y iI�5iC1'II]c!iI In n11[I tvlii4�� �xecutcci liie �ihnv� 1nK�TMi�l�f11; llea� he knuwa tlic �eal of Ihe swid C'snnpany; tlt�it Aie xral nffixeck Iu th� ��id instrumcni ia such cnrpuraic wual� �}Sul il wa!t xo UFTixc(i hY uulhP�itY n( ]ll& PIT14'C Ull(ICC LIIC I�Y-LflWti �� tiUl(I CUI11�'IUtljl� 31114j (M11� I1L' til�Tll'lI Illy 11NITIC iElL'CL'�S! by IikC xutN�srily, ¢ ��i�,; 6USAN A KOHORST � �j�a 1lotary Public y . '`�; 5tate of Ohio � ^ My Comm. Explres Ir1dy 18, Z025 �?r�' � ��T This 1'ower of Attarncy is gran�ed l�y aulharity of the foliawing rexolutions s�dapted hy tlie Hoard nf I]ircrtur� nfGrca� AmcricF�,r I ns4irartce Com�rttny hy unanimous writtcn canscm dalcrl luiic ), 2U(1B, RF.SOI.IFh.'!l: Tlrul Iht� t�r���sra�r«r r�rti�.Sr�rcr,r. Nw.ti•r��a�•a! �)h�f.vJuur�! 5c��1la�� Wlre Prrsrder�Gs, I�l1'I.YlIIIIpI j�ICC PJY'.S1fINl1f.4 11Jifl I)!l+l.Sp17RI ASC�RlAII! Y/C�? Prx�sld����1.,•, or rrrra� atr�� o1'Ih�r�rr, !sr <flirl JI[�IY�Uf� !a� uudrur�l:erd,./�vru N�rrc� rrr &rrrr, ro r�ppr,r'��r ur,r v,•,r,o,� .t�rr>r�,r�;��.Y-in-Fa�•r ro r.�r��rlr wr bt•Ir��lfc,f�hc Cors{�nr�}�, r�.s su�rr�; nm� rrn�! ri!! Lrrrxl.s, ��nda�•iu�•fn�.,� �r�rr1 r�r,nrrurr.v nJ'.stati�r�?shl�,, �,�-�,r1���,� «�r��rr��,� ��r�r;�.�rr�,".s ;,, r�,� ��F,r,�,� r�r��Y�J; k� pr� 3x�ril�v 1Grrr i s sf�rcliF e�lutle,v e�1ra! rlres 1Y�.��x�c�rfitir 11���f�,c n�'rhrlr urrfhnrlra�; 1111r� k� fY�hMl.�c hlil'.vr�r•I! rrflpni�llrrlcr�f rrf [n7,}� rrr,�ir. R�'S'UL!'hn �uRrrrr•:Ik: 7'hr�� !!r�• C�UNI�)tlIIV .Sd'f1I !!Il[I II7(.' .Y(�ylJ[t!f!!7' nJ r+rrn r�f rlre u%vrr.rafc! n�jircfrs ri+irl r�rn� Sec.'IY"fR!)� or �l,��,SLelr11l� Sek79"!rll;1' �1�r�le [�atr��rn{4' l7lfll� �S1• rr�.red l»'.lirc.snr�!!r fu rrqr pn«�rr qf'alf�»a1�y nr c'erli��'nr� n�'�rdre,• gi rcw,{n1' !Gc r.r�c'c'�rliou �f'�rrr)' hr�nd, rrirrler•luklw�;, crrulr•rrr� r�/'s�u�cl�tshtp, nr ul1�r•1� N'r'llrc��� a2rligr,rinrl r�� t1u� ur�n,rc� li�c•J(�[]', ,YIlC'�I ,4I�11RI117Y' 111ill.Ci'f!I 5l'lr4'+I ,rn l�.se'!i hl'1r�� !►���'(�y RttPf�lt�l� f�l° l�iP �:r1lHfif1171� If�4 l�le� UPI{�Ifltfi .i��,+llflf111Y� t)�.4f�e•�� r�ljrcr�• rr�ul flrc� ari�;Irlti! sru! nf �Nlc C.'vn�prrrrti; ro h�� �•r�lirl ur�d ��irprlirig �rpwt II�N C'n�rq�rre�}� iti�ilh dhc ,sn���eJ'arx�r cirtrl c'�j'r<7 as tlx,i��,Fh i�rr�����ul�j' if�]�I.YikI. CF;ItTIF[CATI()N l, STRPkif:N L'. Hf:RAHA, Aaxistant Sccrctary ofUrcat Amcricun Insur�rnc;c C'an�,siny, �fo hcrehy ccrtify thfat thc fi�n��uusg �'o�vrr pf Aklvmcy und fllC RCSI}I41kl�k»� SsPtll� Rp}��'(i p{�i?ifCC10fS U�1l�I1C �, 2U(►� h;�ve not been revokecl k�ud urc rtia�v in full fitirc� ���rd cRcct. 5igiicd �ind sailcd tl�is �, .rq. 0 �' �?r�y� i1 �� ���:� ����. URFATAMF.itlt'AN[N5U AAlCE:COMPAN �►ti•l� ~� � � �� 4 ��� rta'Yl.sfNl1! SPC'ix'h+!'!' 61QP9RH (63l20� �re�t .A�.xnerican Insurance Campany o� New Xark GRCAT�LJ� j�q�r Great America� ,A,Iliance Insurance Cornpany IN5URANCE GRQIfP �x��� American Insurance Comp��ny iMFORTAIVT N{7TI�E: T(1 Q�]�41i11 111��1•tnalio�� or inake a carnplaint: You rnay co�itael th� T�x{�� pep�irlmenE ❑f lnsurance lc� obl��in infor�n�ttian c��� con�ptinies, c��veia�cs, riglzt� or complaints at: 1-SUD-Z52-3431 Yuu m�ry wriEe lhe Texas I7eparirnenl of 1tt4ui'�411C� ill: P.O, Box I ��) I [l4 Auslin, TX ?8714-9U91 �AX: I -S l 2-�90-1 OQ7 Yaur notice �f ciaim ag�i��st the �►ttached boi�ct intty be gir+en t� the �ui�ety coinpany th�t issued t�e hond by sei�ding it hy certiiied or r'C�T1SlC1'CC� 171311 tU t�'I� ��I10WIti� �{�C�i�ess; Mailii3g Addre�s; C,reat Air�:t•ic�in Insur�nce Comp�ity P.O. Box 2119 Cincix��t�ti, Ohio 452()2 Pi�ytiic�tl Address; Great Aine��ican 1n5uriinC� CCflript�l�y 301 F. Fourt�z Stree.t Cincinn�ti, Ohio 45202 You may also coniact ll�e Qz•ea4 Ar�leric:{4n Cntiu��ance Comgany Clai�7i offic� by; Fax: 1-��iK-2�J(?-37(56 Telephone: 1-513-3G9�5(?�] l Em<�il: t�a��cicls�iitiis�gaic;.cc�i» �'RFMIUM OR CLAiM DISPiJTTS; lf yc�ti ���rve �� dispiile concei•nin� �� �aremi«m, yDlt S�7(7L11CI C[1111t1C.L LI1� agcilt first. !f you have a di�pule c:nnc:eN•�ting zx clai�t7, yc�u �hould ccmtacl lhe cump��ity fir��. If`ll�e dispute is ��nt resotved, yc�u ai�t�y cont��ct thc Tcxa�� Dcpai•tiz�cnt af Insur�nce. ATTACH THI� NOT��I; TO �'UUR, f�(]N1): This iiolice i� 1'or infn�•mation c�itly a��d dc�e� i�at becomc ii ]]iiYl OC COIILIll1[1!1 OI IFl('. <xlk�tch�d dt�cu�ncnt. r.9h67A (11}l16j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance pro�ided under the following: COMMERCIAL GENERAL LlABILITY COVERAGE PARt Palicy Number Agency Number Policy Effective Date CPP206�5291301 0765330 02/01/2022 Policy �xpiration Date Date Account Number 02/Ol/2023 02/01/2022 200L7633 Named Insured Agency Issuing Company L. H. T.,ACY COMPANY, LTI}. BOWEN MICLETTE & BRITT AMERISLIRE �NS�T�NCE L,LC COMPANY 1. a. SECTION II - WHO IS AN fNSUREp is amended to add as an additianal insured any person or organization whom you are required ta add as an additional insured an this policy under a written contract or written agreement relating to your business_ b. The written contract or written agreement must: (1) Require additional insurec! status far a time period cfuring the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. if, however: (1 }"Your work" began under a letter of intent or work orcfer; and (2) The letter of intent or work arder led to a written contract ar written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will pro�ide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as fallows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; {b) Rent; jc) Lease; or {d) occupy; (2) Ongoing aperations perFormed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: �a) All work to be performed by you or on your behalf fior the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or jb) That portion of "your work" out o# which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrightec! material of Insurance Services Office, Inc. CG 70 8510 15 Pages 1 of 3 Policy Number: CPP206�5291301 Effective Date: 02/01/2022 - 02/01/2023 (3) Completed operations co�erage, but only if: (a) The written contract or written agreement requires completed operations caverage or "your work" coverage; and (b) This caverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: [1) Requires "arising out of" language; or (2) Requires yau to provide additional insured coverage to that person or organization bythe use of either or both of the following: (a� Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 1 Q 01; or (b) Additional Insured - Owners, Lessees ar Contractars - Completed Operations encEorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.�. above is replaced by "arising out of'. c. If the written contract or written agreement requires you to pro�ide additional insured coverage to that person ar organization by the use of: (1) Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured - Owners, Lessees or Contractors - 5cheduled Person Or Organization endorsement CG 20 �Q without an edition date specified; or {b) Additional Insured -Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1} above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusi�e of and nat in addition ta the limits af insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out af an architect's, engineer's, or surveyor's rendering of, or failure to render, any professianal services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrightec! material of Insurance Services Office, Inc. Page 2 of 3 CG 70 851415 Policy Number: CPP206�5291301 Effective Date: 02/01/2022 - 02/01/2023 jd) F2eports; (e) 5urveys; �f) Change orders; tg) Design specifications; and (2) Supervisory, inspection, or engineering services. h. 5ECTION IV — COMMERCIAL GfNERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the fallowing: 4. Otherinsurance. Caverage pro�ided by this endarsement is excess over any other valid and collectible insurance a�ailable to the additional insured whether: a. Primary; h. Excess; c. Contingent; or d. On any other basis; but ifthe written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which co�ers that person or organization as a Named Insured, and we will not share with that other insurance. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage pro�ided under khis CG 70 85 endorsement does not apply except for paragraph 2,h. Other Insurance. Additional insured status is limited to that pro�ided by CG 20 10 11 85 shown below and paragraph 2,h. Other Insurance shown abo�e. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written wntract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but anly with respect to liability arising out of "your work" forthat insured by or far you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 The insurance pro�ided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrightec! material of Insurance Services Office, Inc. CG 70 8510 15 Pages 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance pro�ided under the following: COMMERCIAL GENERAL LlABILITY COVERAGE PARt Palicy Number Agency Number Policy Effective Date CPP206�5291301 0765330 02/01/2022 Policy �xpiration Date Date Account Number 02/Ol/2023 02/01/2022 200L7633 Named Insured Agency Issuing Company L. H. T.,ACY COMPANY, LTI}. BOWEN MICLETTE & BRITT AMERISLIRE �NS�T�NCE L,LC COMPANY 1. a. SECTION II - WHO IS AN fNSUREp is amended to add as an additianal insured any person or organization whom you are required ta add as an additional insured an this policy under a written contract or written agreement relating to your business_ b. The written contract or written agreement must: (1) Require additional insurec! status far a time period cfuring the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. if, however: (1 }"Your work" began under a letter of intent or work orcfer; and (2) The letter of intent or work arder led to a written contract ar written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will pro�ide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as fallows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; {b) Rent; jc) Lease; or {d) occupy; (2) Ongoing aperations perFormed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: �a) All work to be performed by you or on your behalf fior the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or jb) That portion of "your work" out o# which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrightec! material of Insurance Services Office, Inc. CG 70 8510 15 Pages 1 of 3 Policy Number: CPP206�5291301 Effective Date: 02/01/2022 - 02/01/2023 (3) Completed operations co�erage, but only if: (a) The written contract or written agreement requires completed operations caverage or "your work" coverage; and (b) This caverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: [1) Requires "arising out of" language; or (2) Requires yau to provide additional insured coverage to that person or organization bythe use of either or both of the following: (a� Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 1 Q 01; or (b) Additional Insured - Owners, Lessees ar Contractars - Completed Operations encEorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.�. above is replaced by "arising out of'. c. If the written contract or written agreement requires you to pro�ide additional insured coverage to that person ar organization by the use of: (1) Additional Insured - Owners, Lessees or Contractors - Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured - Owners, Lessees or Contractors - 5cheduled Person Or Organization endorsement CG 20 �Q without an edition date specified; or {b) Additional Insured -Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1} above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusi�e of and nat in addition ta the limits af insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out af an architect's, engineer's, or surveyor's rendering of, or failure to render, any professianal services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrightec! material of Insurance Services Office, Inc. Page 2 of 3 CG 70 851415 Policy Number: CPP206�5291301 Effective Date: 02/01/2022 - 02/01/2023 jd) F2eports; (e) 5urveys; �f) Change orders; tg) Design specifications; and (2) Supervisory, inspection, or engineering services. h. 5ECTION IV — COMMERCIAL GfNERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the fallowing: 4. Otherinsurance. Caverage pro�ided by this endarsement is excess over any other valid and collectible insurance a�ailable to the additional insured whether: a. Primary; h. Excess; c. Contingent; or d. On any other basis; but ifthe written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which co�ers that person or organization as a Named Insured, and we will not share with that other insurance. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage pro�ided under khis CG 70 85 endorsement does not apply except for paragraph 2,h. Other Insurance. Additional insured status is limited to that pro�ided by CG 20 10 11 85 shown below and paragraph 2,h. Other Insurance shown abo�e. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written wntract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but anly with respect to liability arising out of "your work" forthat insured by or far you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 The insurance pro�ided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrightec! material of Insurance Services Office, Inc. CG 70 8510 15 Pages 3 of 3 SECTION B STREET LIGHT CONTRACT FORMS qh a2 i3 DAP • BfU Pl40PQ$hL Pa�e ] af 3 $ECTION Op 42 43 bavelopar Award�d Projects - PROPOSAL FQRM 9id Summary UlYIT I: VJATER IhAPFtOVEMENTS UNIT �I: BANITARY SEWER IMPR�VEMENTS UNIT III: �RAINAGE lMPRDVEMENTS 11N17 IV: PAVING IMPROVEMENFS UNIT V: STR��7 LiGHTING IMPRQVEMENTS � IJNIT VI: TRAFFIC SIGNAL IMPR�VEMENTS 51 Conaactor a��ces �o cqmpl��t W4RIC far FINAL ACCEPTANCEwilhin 1U wqrkln� days pPter thedoke whee lhe CaNTf2ACT tam�nannce !a run os providod in �he Grnern� �'qq�ISlons. S tted by: Richard Walfe END dF SEC"flbN Pr�Siden# a����izo�z CITY 4F F4RT W4RTH STANDAlt6 CaN57AfJG7'[QH $p���pICAT04N POCUMEMTS- �EViLOPSR AWARDH� RRbJ6C75 Fnnn4ersibnSeplemherl,201i Il0i2L3 9dPiapbwl_DlP.In�pe�Qsnl�xl9 UNIT PRIC� BID Bidder's ApplicatiQn 0o as ia �AP PAEqVALIFfCAT14N SCATEMENI' Psgc 1 uf 1 SECTIUN' 00 45 12 bAP — pREQUALIFIC�►TION STATEMENT Each Bidder is raquired to complete the informatian belaw by identifying the prequalified contractors and/or subcontractors wham they intend to utilize for the major work type�s) listed. �n the "Major Wark Ty_pe" bax prawide the cornplete major work type and actual d�scriptinn ss pKpvAded hv the Water DeUartment for water and sewer attd TPW far pavin�. Major Work Type Contractorl5ubcontractar Campany Name Prequal��cation Ex iratipn Date Roadway and Pedestrian Independent Utility Cot�struction, Inc. Lighting 03/01/2023 The undersigned hereby certiftes tltat the contra�tars andlor subcontractors described ir� th,e table above are cu�ren#1y praqualified for the w�rk types listed. �XDDER: Independent Lltiiity Construction, Enc, 5109 �un Valley Drive Fvrt Warth, TX 75119 BY: Ric Wolfe k $ � TITLE; Pr�sident DATE: p��� ��p�� �N�l UF SECTION C17Y OF F4RT W4RTH STANDARD C4N57RllGTIpM PjkEQUA1IPICAT10N STATEMEN7—�EVELQPER AWAR�€0 PROlELTS �� 45 li��aqualification Statement ZO15,DAP�dB[x Form Ver$lan SSpSdmpqr 1, Y015 004526- I CON7AACT'dR CDMPLiANCE WETH WQ[ttCER'$ C'QMP�NSAT[ON LAW Pegc 1 of [ l LSECTION UO 45 26 2 C�NTRACTOR CDMPLIANCE 1NITH WOR[CER'S C4MFEN5ATIC?N LAW � Pursuant ta Texas La6ar Code Section 406.096(a), as amended, Contractar certifies that it 5 provides worker's eompensation insurance coverage for a�1 of its employees emplayed on City 6 Project No. 103612. Contractor �urther cettif`tes that, pursuant to 7'exas Lab�r Code, 5ection 7 406.096(b), as amended, it will provide to Gity its subcpntr�ctor's certifcstes ofcomp�iance with 8 worker's campensation cove�age, 9 �a ll 12 13 14 ls 16 17 !8 corrTuacro�x: Inde endent []tili Construction Inc. �y: Richard Wolfe Campany (Please Print) r 1$$� Crawn �oad Signature: ,A.ddress Dallas Texas 75234 Title: President CitylStatelZip (Please Print) l4 20 21 THE STATE OF TEJ{AS 22 z3 caurrT� aF Ta�.ata� za 25 BEFaRE ME, the �andersigned authvri[y, on #his day personal�y appeared 26 R�ck�ard Wolfe , known to me to �e the person whose name is 27 subscribed ta the foregoing instrument, and acknnwledged to me that helshe executed the sam� as 28 the act anc� deed of Indeqendent Utilitv Constructian, Inc for the purposes and considaration 29 therein expressed and in ihe capacity #harein stated. 30 � �� G V N��MY k�q,aVl] Ah�EAL OF OFFICE this day of a ��� 33 " - 34 35 ,,tiuu�r� • ti,��rn�,e,r CHRISTINA GAFICIA �� ;x4`' ;�� �vocary �u��ia, saQte ai Yexas otary Publie ir� and for the State of Texas 3� ,r %�'�e� Cpmm, Expires 32-2�-2Q24 'r+r ���,�i�`'� Nolary I� 13D940785 38 END UF SECTIUN 39 44 41 42 43 44 45 ClTY QF FORT WORTH PAL1�lILL�� $NRlNGS PH.}5E b STANDARD �p13STE�i,1C'xiQN 3PECIFiCAT�ON DOCUMENTS CITY Pl�OJECT No. IO�d12 Revised Apri12,2QE� 1/12/2022 UU5�43-2 Deuelaper Awarded Project Agrecmcnt Page � of h 37 Article 4. CONT�L4CT �RICE 38 �evelopar agrees ta pay Contractor far per%rmance of tlle Work in accordance w'tth the Contract 39 Documents an amount in current funds of ne Hundred Fo �Two Thousand Nine Hundred 40 Sixteen Dollars ($ 142,916.�Q]. 41 Articie 5. CaNTRACT DUCIIMENTS 42 5. i C4NTENTS: 43 A. The Co�trac# I�ocuments which compris� the entire agreement hetwee�� Developer ar�d 44 Contractor concerning the Work consist of the following; 4S 1. This Agreament. 46 47 48 49 Sd 51 52 53 54 SS 56 57 58 59 2. Attachments to this Agreement: a. Btd Farm {As prvvided b�+ Developer) I) PraposaI Form (I?AP Version) 2) Prequalification Statetnent 3) State and Federal dpcu�'n,en#s (praject spec�c) b. Insurance A�OR�] Form(s) c. Payment Bond (b,A.� VeXs�an) d. Perfarma�ce Sond {DAP Ve�sion} e. Maintenance Bond (DAP Versian) f. Powex o� Attorney for the B onds g. Worker's Compensatian Afiidavit h. MBE ancElor 5BE Commitment �'orm (If required) 3. Standard City General Conditions af the Construction Contract far De�eloper Awarded Projects. 60 4. 5upplementary Carrditions. 61 5. S�eci�cations specifically made a part af the Contract Docurnents by attachmant Gz or� 1� TIOt attacl}ed, as incorporated by reference and described in the �'able af b3 Contents of tl7e Project's Contract bacuments. 64 6. Drawings. GS 7. Adderida. bd 67 G8 69 70 71 72 73 74 8. Dacumernation submitted by Cvntractnr prior #a Notice of Award. 9. The fa�lowing which nnay be deliver�d or issusd after the E��ective Date of the Agreement arid, if issued, become an incvrporated part of the Cbntract Documerlt5: a. Notice to PrQ�eed, b. Field �rders. c. Change Qrders. d. Letter of Final Acceptar��e, CiTY 0� FORT WQFiTH PrILMIL1r! $pH]NGSPffrfSEG 5TANDARDCQP38TRUCTfONSPECIi'1CA�l"C�MDOCUMENT5—DEVELOPEF�AWARDEDPROJECTS C17YYhOdECTNo_103d11 Revised dune 16,201b 00 52 43 - 3 ❑tveloper Awarded Project Agreement Page 3 of d 75 Article 6. INDElY1N'Y�'YCAT[QN 76 77 78 79 80 81 82 83 $4 85 8G 87 $8 89 9U 91 92 93 94 95 9d 6.1 Contractar cavenan#s and agrees to indemnify, hpld hat�milesS B�Ind defettd, �t its own expensa, the cit�, its officers, servants and employees, fram and �gainst any and all claims arising out o�, or alleged to arise out af, the war�C $l�d set'viCeS to be performe$ by the contraetor, its afficers, a�gent�, empEoyaes, subcantractors, licenses or invitees under #his co�i�ract. This indemni�catian provisian is spec'r}5callw intended ta onerate and be effective even if it� is alle�e[# or oroven that, a,11 .or some af the dama�es be'tn� sou ht we�'e CAuse[# in whole or in �rt b�n Aet omissian or ne li ence of the ci . This indemnity prvvisivn is intended to include, withput limatption, ind�mnity for costs, �xpettses snd legai fees incurred by the city ite d�fending against such claims and causes af actions. 6.2 Contractor covenants and agrees to indemnify and hold ha�rnn�cas, at its awn expense, #he eity, it� �f�cers, servants and employees, fram and against any and atl I�s�, dgmgge or destruction af property of the city, aresing out of, ar alleged #o arise out of, the wurk and servfces to be perfor�ned by th�e contrac#or, its osiicers, agents, employees, subcvnfraetors, license�s or invitees under #h�s co�trae#. This indemnification uruvision is snecifically iniended tq onerate and be effective eyen if i� is alle�ed ar ruven that a�l or some or the dama es bein sou ht we�`e caused �n v�+hole �r in art 6�any_act, omissian or ne�l�gence of the �itv. t#rtacle 7. MISCELLANEOUS 97 7.1 Terms. 98 Te�ms used in this A�reernent sre de�ned in Article 1 af the 5tandard City Canditians af 99 the Construcdan Contract for Developer Award�d Projects. 1�0 7.2 Assignment qFCpntr�ct. 10� This Agreement, including all of th� Contract Docunnent� may nat be assigned by the 102 Contractor without the advanced ex�aress written cansent of th� Qe�elpper. iO3 7.3 Successors and �ssigns. i4� Develaper and Cantractor each hinds itself, its partners, suecessors, assigns and legal l05 representatives to tha ather party hereto, in respect to aIl cav�nants, agreemepts at�d IOG obligations contained in the Contract Documcnts. l07 7.4 Severability. 148 Any ptovision or part of tha Cantract Documents held ta be unconstitutianal, �oid or ]09 unenfvrceable by a court of com�etent jurisdiction shall be deerned stricken, and all ] ld remainin,� provisions shal] continue to be valid and binding upan DEVELdPER arad 111 CONTRACTOR. 1 l2 7.5 Go�erning Law and Venue. 113 This Agreement, including all af the Contract Documents is perfarmable in the State. of t 14 Texas. Venue shall be Tarrant Caunty, Texas, ar the United States Distrtct Court for khe 1 IS Northern Dis#rict of Texas, �'ort Wa�th �ivision. C1TY �F FORT W ORTH PALNIlLLst SPRINGS PN,i.SE 6 5TANDARD CON5"FRUCTION SYE�IFICATIpN 17QCC3MENiS — DEVELOPER AWARbED PRdlECTS ClTYPROJECTNa. lD3d12 Revised ]une 16, 2Q (6 045243-4 de�cloper Awarded Project Agrecmtnt Page 4 a f 4 116 1�7 7.( Authority to Sign. 118 119 L20 121 I22 123 12A 12S Contractor shall a�tacka evidence of authority to sign Agre�ment, if vther than duly authar�zed signatary of the Contractar. �i V�ITNESS WHER.EOF, XJavelapar and Contractor kfa�e executed this Agreement in multiple �vunterparts, This Agreement is effective as of the last dAte signad by tha Parties ("Effective Date"). Contractor: lt�deperrderrl Ulility Conslruclron, ,1rrc B (Signat Richard Walfe (Printed ]Varne) ta� Deve�oper: H'MHPalmildaS' rin sDevelo meni, In B: � �s� So,-, N� ��F��.11 � `�,r . (Printed Name} Title: President Title: �',�� Company Name: Cotnpany name: I�MH Palmilla Sprt�zgs Independent L1t'slity Cons#xuct�on, Inc. Develapmet�t, Inc. Address: ,A.cldress: S109 Sun Valley Drive ra�� ��xaM �,���1 City/StatelZip: Farth Worth, T� 76119 � � �� � �� �ate CitylStatelZip: Gr�t evinelTexas/7Gp51 � i � �� a�t� ��r��r�i��i�irr,�r �*��� C,f]�:iTf�(��,, �••f� `wr �.�*� ���..�,P.o�qb l`j� �ri ;`�+.�+, ��,5' C?F��,� 4 � ' "�x���p1L..�;Q� : � � � c' : 1 � fr��fQ'��r .,.; 8 w+Y��+�� ��,*�� Y � !i',r�f�r laif Ir�''�ti�k��,` CITY OF FpR'i WDRTH PRLMlLLA SPRlNGS PH�1SE d STANI]A�LDCONSTRUCT[ONSPEC[FIC;ATIOhIpOCUMEiuTS—�EVBLOPEILAWARDEDPRQJ�C'f'$ ClTYPROJECTNa_10��12 Reviscd 7unc Ib,2616 12th January 22 [}{1 f�2 �q _ 7 M�IIN I E.Nr1N('I. I�f1Nl) I'u�c : ul' 3 }3oncl Nu. 170� I 7 3 4 5 (i 7 � �j ]0 lE l2 ]3 I� 15 IG 17 1$ 1 �) 2i1 21 �'7 �� 23 W}��:1�1?AS, f'ri��ciF7�il ��ill(�S ItSCIf t0 1'C���lir Of fCCDI15tCUCt tl1C Wt)rlt I11 wI1C7IC [73' IIl �.7�lfl uE�oii receiuinb »atiec il�nn7 tl�c� I�evcloper nt�dlor City of'tlic nced tl�erec�i';�t ikily t1171C WI[Illll [I1L Maiiztc;ni7ncc Period. N(?'U4' `I'H ER�FOR�;, the conditior� of t17i3 of3ligatiai� is 5uc.l� tha( if' ('rinci��al shall rci77�ciy iYny defecti�c Work, f'or which ti�7�cly r7otice wcxs providccl by Develtrper or C: ity, to a Ci)111�7Itl1Cil1 52iik5fclCiO['y lQ T]1G' Clty, iI7�i1 t�1�5 O�?Il��xjp�� SI1�lII I]CC(7171E C1ClI� tiiicl void; athcrwise tn rcEilai�7 in f��:ll f'arce a»d cffect. �'ROV1llED, HOWEVER, if Pri��cipal shall f�il so to i•e��ir c�r re�onstrt�ct any tin�iely nc7ticcci clel�ctivc W�rk, it i� x�reed th<<t the �evelope�• or C:ity may cau�e any tn�d al! such dcl`ective Work to be repai�-ed �i�d/or rccanstructed with �t11 associat�Cl CU�ts thcreof �ci»� l7orne by the f'rinci��al ��nd thc �urely i.inde�� this Maintenance 1.3oi�d; and PROVID�ll d+'URTHER, that if any lcgal actinn be fiied on tl}is Bpnd, �eni�e shall lic in "1'arrant Ca��u�ty, 1'exas ai• tl�e lJniied States Distric# Gourt tor tl�e Nortliern Di�trict of `l'exas, Fort Wnrth Division; anc{ �'Rd"Vr�]�U FLIRTHF,R� t]lcli tI71S O}3II�a1147Yt $�l'c!]� Ue C:Q[7t1�741C)LlS 111 Il'c1tLIfC c][]CI succe:ssive recoveries may hc; ha�! ]iereon far succe�ssive hret�ches. C'1�fY C]f' 1'OR`I' W(ilt rl I 5 fAN17ACtl.) C: I'1'Y C'(7N171�f IONS — L7EVC�I.C}P1:R AW �1RI?L[7 i'ROJI:C"I'S Revitied.lunuury 31.2{112 P��I�r��ll;i Spri�}�� Pfiasc G i'ity 1}rc�i�'�� Nn. I f13G 12 12th January 22 1MPQRTANT NO�ICE io ob#ain information or make a camplaint You may cafl Westfield lnsur�nce Campar�y's andlc�r Ohio Farmers Insurance Company's toli-free telepl�one numb�r far information or ka make a complaint at: 'I-S�0-368-3597 You may also write ta Wes#field Insurance Cor�pany andlor Qhio �armers Insurance Company at� 555 Republic Dri�e, Suit� 460 Plano, Texas 75074-8848 Yau may cantact the 7exas Department of Insurance to obtain information on companies, covera�es, righks ar campfaints �#: 1-500-252-3439 You may wri#e #he �exas Department of Insurance; �. �. Box 1491 Qd Austin, �X 78714-9104 F'�x: (512) 47�-1771 Web: htt �Ilwww.#di.state.tx.us E�mail� ConsumerProtect,ion(a7#di.state.tx,us PREMILJM QR C�.AlM DISPUTE$: �hould you have a dispute conc�rnir�g yaur prem�um or abou# a claim you should cantact ths agent or Wes#ffeld Insurance Company andlar Qhio Farmers Insurance Comapny first. If the dispute is nQt Tesolved, you m�y cantact the Texas pepartment of Insurance. AT7ACH THIS NOTIC� i� Y�UR POLICY: �his nvtice is for inform�#ion only ar�d does not became a p�rk or eandition of the attached document. AV�Sd IM�QRTANTE Para obtener informacion o p�r� someter una queja: Usted puede Ilamar al numera de t�lefano gratis de Wes#field Ir�surance Corr�p�ny's ! Ohio Farmers Insuran�e Cornpany's para infarmacion o para sameter un� queja al: 9-8U0-368-3597 Us#ed tambien puede escribir a Westfield I nsurance Company 1 Ohio F�rmers Insurance Company: 555 Republi� C]rive, 5uite 450 Plano, Texas 75074-8848 Puede comunicarse con ei ���artamento de Seguros de Tex�s para abtener informacion �cerca de compani�s, coberturas, derechos o quejas al: 7 -$pQ-252-3439 Puede escrihir al �e�artamento de �eguros de Texas: �. D_ Box 9�}9104 Aus#in, TX 7$714-9104 �ax: (fi12) 475-9771 Wel�� httpJlwww,Edi.state.tx.us E-mail: ConsumerProtec#ion tdi.state.tx.us DISPUTA$ $D6R� PRIMAS O REC�AMOS: �i tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Ensurance Company I�hio Farmers lnsurance Comp�ny �rimero. Si no se resuel�e la disputa, �Ouede entonces comuni��rse con el deparkamenta (TDI). UNA EST� AV�SO A SU PQI�IZA: Este avisa es solo para proposito de informacion y no se convierte en parte o�ondicion del documento adjunto. TFii5 ROWER OF ATTORNEY SUR�RCE�}ES ANY L'F2EVIDl1S POWER 8EJIRIN� I tSl.� �AMt P�WER # ANO 155U�0 P{Z�pR TO 04l2plS1, F�� ANY PEl�SON dR PCRSONS Nl1ME� BELOW. General Power of Attorr�ey CERTIFI�D C�PY PpW�F� NQ. 4�2pp52 06 WestfeCd Insurance Co. Westfield Natian�l I�sur�ance �Co. Ohio �armers lr�surance Co. Wesifiel�i C�,xrzter. �h�c� Knaw A11 Ivlen by ThCsc f�res�nls, �hat WESTFIEL,[] INSUR/INCE CL7M?AMY, WESTFIELD NATIpNAL IN5IJRANCE CONiPANY dnd QHIO FARMI:RS It�Sl1f�ANCE CUMPaNY, cnrporatioi�;, hcre.+nalte.r ref�rred t4 iac�iuid��ally as a"Gompany� and collcctively as 'Comparrie�," duly organize:d and existing undPr the laws oi tne stat� of Qhio, ana naving �ts �7rid7cipal offiec in Westficld Center, MEciin3 C.Uuniy, C]h�c�, do hy these pfe9c:�1tS m�kC, COrlsl�lu4e and appp3�t CHAftLES D. SWEENEY, MICHI�EL A. $WEENEY, FCYL� W. 9W�ENEY, ELl�ABETH GF2AY, J4lN7LY Oi2 SEVERA�LY 4f F�F2T W4R7H �nd StatF bi TX its tr�ae ana IawfuV Attorr7cy(s}-in-Faci, wiih fu11 pOWE;Y 8(1d �uiflUrity hereby Gcxil�rred in its ilame, plaGC and StC3d, tP eXecute, acknc3Wl�dge 0fld dCliver any and a1F bond5, recognlzances, undertakings, or othCl' If�s�rUli�enls pr cqrytracta o� surelyship- - - - - - - � - • - - - - - - - - - - - - - - - - - - - - • • • - - - - - - - - - - - - - - - - - - - - - - - - - • • - - . L1fuSITATIOi�l: THIS ROWER OF ATTORNfY GANNOT BE USE❑ T4 EXECUTE f�idTE GUARANTEE, MORTGAGE DEFICIENCY, MOF�TGAGE Gl1ARANTEE, flR BANIC DEP4SITORY C30Np8. and tp bind �ny 4f khe Gomparti�s IYICre�iy a5 fuily �nd kn th� g�111t; CxlCflt �: if sW�h pq�d5 W�f � SIg�Bd hy itli; PfESidCrll, Se:�ICd wi[11 1YFa t:tarparate seal of the applicahle C�mp�ny ���d ¢�aly �ttc:sted hy its Secretary, f�crcby ratifying and canfirming �H that tl7e saia altorrscy(:)-lel-f=aCl rnay do in the premises. S�id appointment ks madc unde:r anb by autfiority of the failowirsq resolution adopted by the E3oard of Dirc:ctors of ear,h ot the wE�sTr-iELD fM513R1�NCE GOMPANY, WESTFIELD NATtONl1L INSUf2ANCE CDMf'F1NY ai�c� OHIO FJSRM�RS INSUftANCF C'C)Mf�l�NY: "�3P 1t Re9o1VEd, that thc Prc:s�dertt, dny S�ntor' ExeCutiv�, any SecY�.fary oY �any Fldelity & SuYety Operation� �xeCukive or 4ther �xer,ut�ve shall be and is hCrehy vestCd wlifl full {)owe:r' 2nd aukf�qrity t4 8ppoirit 2ny one oC more suitabie persons as Attarriey(s}-in-Facl io rc:present and acl fvr and on behalf oi the Company subjc�ct to the foilawiny provisions� The Attorncy-in�Fact, may be give;r� tull pawcr arid autl}or�ty for and in the name oC arrd on beftiali al the Cvmpany, io execuke, acknnwledgC �nd deliver, any and ail bDndS, r�Cognitances, cqnt�aCts, agreem�n[s ol irsdemnity dnd ❑tflet condiLional or nblir�atary ursdertakings and any �fld all n❑kic�� and daCumCnts Cc]nGClir1� or termin�tirlg tfl� Comp�ny'S 3iability tfleYeu�ldCr, BntS any 5uch insir�_im�nts s4 Bxecuted by �fTy such Attorney-Ifl-��Ci St7�11 �e �5 �trlding upnn khe Company as IT signed by the Presitlent arrd sealed and attested by khP Carporate 5ecretary." "As it Further Resolvc�, tloat tlie signalure nf any sUch des'i�nated person and the seal of Ehe Company heretoFvre or h�reafter aTiixed to eny power of attornay or any ceriiticate rclatinr� therero t�y facsfmile, and any pUWHI' 01 �tlOr�ey Pr ceriVficate 4earing facsimile signakures nr tacsimile seal shalf be valld ana binaing upon trFe Cvmpa�y witfi respeci to any Gand or undertaking to wliicFi !t is attach�d," (E�Ch �dpp{�d at � lriCCi�Yit� heid on Fetaruary 4, 2444}, !n WiiRess WhereoT WESTFIELD INSUf�ANC� C�MPhIVY, WESTFIELb NATfONAL IiV3l1aANCE C�MPAMY anc� pHl❑ FARMERS INSURANCE COMPANY have causecf Yhcsc preseitts to �e sign�d by tl7eir Senior Executi�e and thelr corporate seals to be hereto affixed tnis 2ptfti day of A4�RIL A.[j., 20X1 , Corporate '^"a Seals �O�r�;u�x��tp` s At[ixQd � �v�• .r� � %t p i ti � � ����� ��. �� L�•+�� r� f^t 5tate af Ohlo """"" County of Medina ss..- ••'p�1S7N�����'�.. ,`����: ,,'� -.`S'�'P"-: : d: := ;� :?=� : ;�, SE.AI� ;m - ;,�, . ..�ti_ �_.yy' + ••--* ..• + ,, „�.�.,,,,�,,., ��.. '� { *.1BA6.�; +"'•,�;� ���..��,..••-. W�SYFEELD iI�SURAHG� CQMPANY WESTFEELD NATIO�lA� lNSURf�NC� COMPAHY OH1O FARMERS 1M1l51lRANCE CQMPRNY � � . @y: Richard L. fCinnaird, Jr., N3tl4n3! Su1'edy L.cadc:r and 5eniar �xccuti�e qn this 24tl� day of APftIL A.D., 2�11 , betorc me persona[iy t.�m� Fticharcf L, Kinnaird, Jr. tv me knawn, wha, beinc� uy mo cluly swarn, did depose and say, that ha resid�s ln Medirl�, Qhlo; that ho is Senior Executi�e of WESTFIELd INSLIRANC� CpMPANY, WESTFiELO NATIOMAZ INSURANCE COtviPANY and dHia �ARM�RS INSt�RANC� CON+Rl�NY, the companles describetl in and which executed the above lnstrument; ihat he knows the seals of said Comp2nles; that ihe seals af€ixecl to said instrument ara such corporate seals; ti,at they were so aifixed by order of the Boards of pirectars of said Camp�nles; and thai he slgncd hls nama thereto by like nrder. EVo1 a ri a l ,y,..0 w.,��,N � Scal ,^*��l A � "",,, � Aff xed '�p;'-� ��1�/ � Ste` 4: a = �� �� �. T� = �' `— � � . � -�-�+ * V�Ifl2�tn J. ICafee�in, A rney at Law, No[ary Public Ssate of Ohio ;- � ,r ��p My Cpmmissinn Daes N❑t Expire (5ec. 7A7.Q3 Ohia Revlsed CoQeJ Caunty nF Medina ss.: .� ; �. ,� p�.,�,� pM1�,.- I, Frank A. Carrino, 9ecrctary ❑r WESTFIELD INSURANCE CUNSPANY, W�S'�FiE�D n[qTIpNAI_ iNSURAMCE COMPANY and ONIO FARMERS iNSURAt�CE CbMPIINY, dp hereby certiry that the aeave a�d toregoi�g is a true and correct cvpy af a Power oi �ttarney, execUted t�y said Companies, which is still in tufl inrce �nd efTect; and furkherm�re, th� rasolukians of the 8oards ot (]irectors, set aut in the Powcr af Attorney aro in lull fqrcC an¢ eff�c(, fn witrress whereof, ! have hBreUnta set my hand and affixed the seals of s�iif Cnn'lpani�s at West�ield Centc.r, Ot�io, tnis �ay ol rr'�t�� �! �±�l�r�'�., #� 4 � •' �,'•�•, �: i � � �+ x� ''. � � ,�,�' �Za.�'4.L -' v ��•�=+w, r� � �'�,i �,.r ,,,.5�.,�.,,,, , ,41t.��c7.r�n1_ �Ns�.,. .• o : • : ; uw: -.?7f � u �A_�1'1 � . : m � J" arj �. •:Ci � ••��..�ik��,��.,,.� �.�...,,,. � f�L1[SU��., ,�j�+ ' =�� = a�;� G���F�'� ; � �a; '�- .�� ��=., ��48: � -= F; • ... ; � �Fa.�I��1�1���N�^�� '� �� r � l F S¢eratQry Frank A. Ca�rina, S�crc�t�1-y �F'dAC2 (comk�ined} {b6-42) EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. 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 Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________ ASSOCIATED GENERAL CONTRACTORS OF AMERICA ______________________ AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. 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 Commencement of Contract Times; Notice to Proceed..............................................................6 2.04 Starting the Work..........................................................................................................................7 2.05 Before Starting Construction........................................................................................................7 2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7 2.07 Initial Acceptance of Schedules ...................................................................................................7 Article 3 – Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent.............................................................................................................................................8 3.02 Reference Standards.....................................................................................................................8 3.03 Reporting and Resolving Discrepancies ......................................................................................9 3.04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data...........................................................................................................................10 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points..........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 – Bonds and Insurance.....................................................................................................................16 5.01 Performance, Payment, and Other Bonds..................................................................................16 5.02 Licensed Sureties and Insurers...................................................................................................16 5.03 Certificates of Insurance.............................................................................................................17 5.04 Contractor’s Insurance................................................................................................................17 5.05 Owner’s Liability Insurance.......................................................................................................19 5.06 Property Insurance......................................................................................................................19 5.07 Waiver of Rights.........................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds.........................................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21 5.10 Partial Utilization, Acknowledgment of Property Insurer.........................................................22 Article 6 – Contractor’s Responsibilities........................................................................................................22 6.01 Supervision and Superintendence..............................................................................................22 6.02 Labor; Working Hours ...............................................................................................................22 6.03 Services, Materials, and Equipment...........................................................................................22 6.04 Progress Schedule.......................................................................................................................23 6.05 Substitutes and “Or Equals”.......................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others ...................................................................25 6.07 Patent Fees and Royalties...........................................................................................................27 6.08 Permits........................................................................................................................................27 6.09 Laws and Regulations.................................................................................................................28 6.10 Taxes...........................................................................................................................................28 6.11 Use of Site and Other Areas.......................................................................................................28 6.12 Record Documents.....................................................................................................................29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative.................................................................................................................30 6.15 Hazard Communication Programs.............................................................................................30 6.16 Emergencies................................................................................................................................30 6.17 Shop Drawings and Samples......................................................................................................31 6.18 Continuing the Work..................................................................................................................32 6.19 Contractor’s General Warranty and Guarantee..........................................................................33 6.20 Indemnification...........................................................................................................................33 6.21 Delegation of Professional Design Services..............................................................................34 Article 7 – Other Work at the Site..................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination...............................................................................................................................35 7.03 Legal Relationships ....................................................................................................................36 Article 8 – Owner’s Responsibilities..............................................................................................................36 8.01 Communications to Contractor..................................................................................................36 8.02 Replacement of Engineer ...........................................................................................................36 8.03 Furnish Data................................................................................................................................36 8.04 Pay When Due............................................................................................................................36 8.05 Lands and Easements; Reports and Tests..................................................................................36 8.06 Insurance.....................................................................................................................................36 8.07 Change Orders............................................................................................................................37 8.08 Inspections, Tests, and Approvals..............................................................................................37 8.09 Limitations on Owner’s Responsibilities...................................................................................37 8.10 Undisclosed Hazardous Environmental Condition....................................................................37 8.11 Evidence of Financial Arrangements.........................................................................................37 8.12 Compliance with Safety Program ..............................................................................................37 Article 9 – Engineer’s Status During Construction........................................................................................37 9.01 Owner’s Representative..............................................................................................................37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 9.02 Visits to Site................................................................................................................................37 9.03 Project Representative................................................................................................................38 9.04 Authorized Variations in Work..................................................................................................38 9.05 Rejecting Defective Work..........................................................................................................38 9.06 Shop Drawings, Change Orders and Payments .........................................................................39 9.07 Determinations for Unit Price Work..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer’s Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program ..............................................................................................40 Article 10 – Changes in the Work; Claims.....................................................................................................40 10.01 Authorized Changes in the Work...............................................................................................40 10.02 Unauthorized Changes in the Work...........................................................................................41 10.03 Execution of Change Orders......................................................................................................41 10.04 Notification to Surety.................................................................................................................41 10.05 Claims.........................................................................................................................................41 Article 11 – Cost of the Work; Allowances; Unit Price Work.......................................................................42 11.01 Cost of the Work ........................................................................................................................42 11.02 Allowances .................................................................................................................................45 11.03 Unit Price Work..........................................................................................................................45 Article 12 – Change of Contract Price; Change of Contract Times...............................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times..........................................................................................................47 12.03 Delays .........................................................................................................................................47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................49 13.04 Uncovering Work.......................................................................................................................49 13.05 Owner May Stop the Work ........................................................................................................50 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work..................................................................................................51 13.09 Owner May Correct Defective Work.........................................................................................52 Article 14 – Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values.....................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor’s Warranty of Title...................................................................................................55 14.04 Substantial Completion..............................................................................................................55 14.05 Partial Utilization........................................................................................................................56 14.06 Final Inspection ..........................................................................................................................57 14.07 Final Payment.............................................................................................................................57 14.08 Final Completion Delayed..........................................................................................................58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 14.09 Waiver of Claims........................................................................................................................58 Article 15 – Suspension of Work and Termination........................................................................................59 15.01 Owner May Suspend Work........................................................................................................59 15.02 Owner May Terminate for Cause...............................................................................................59 15.03 Owner May Terminate For Convenience...................................................................................60 15.04 Contractor May Stop Work or Terminate..................................................................................60 Article 16 – Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures ............................................................................................................61 Article 17 – Miscellaneous .............................................................................................................................61 17.01 Giving Notice .............................................................................................................................61 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law..........................................................................................................................62 17.06 Headings.....................................................................................................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and 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 which is evidence of the agreement between Owner and Contractor covering the Work. 3.Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5.Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6.Bidder—The individual or entity who submits a Bid directly to Owner. 7.Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8.Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9.Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10.Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11.Contract The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 63 12.Contract Documents Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13.Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14.Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15.Contractor—The individual or entity with whom Owner has entered into the Agreement. 16.Cost of the Work—See Paragraph 11.01 for definition. 17.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19.Engineer The individual or entity named as such in the Agreement. 20.Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21.General Requirements—Sections of Division 1 of the Specifications. 22.Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23.Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24.Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26.Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 63 27.Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28.Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29.Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30.PCBs—Polychlorinated biphenyls. 31.Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32.Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33.Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34.Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36.Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37.Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38.Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39.Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 63 40.Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41.Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights of way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42.Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43.Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44.Substantial Completion—The time at which the Work (or a specified part 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. 45.Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46.Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47.Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48.Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49.Unit Price Work—Work to be paid for on the basis of unit prices. 50.Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 63 51.Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B.Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C.Day: 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D.Defective: 1. The word “defective,” when modifying the word “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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 63 c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). 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. 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. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B.Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 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 Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 63 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A.Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a 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 Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 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 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 63 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 relieve Contractor from Contractor’s full responsibility therefor. 2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 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 of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 63 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. 3.03 Reporting and Resolving Discrepancies A.Reporting Discrepancies: 1.Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2.Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B.Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and 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 either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 63 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 63 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A.Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B.Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 63 4.03 Differing Subsurface or Physical Conditions A.Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B.Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C.Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 63 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A.Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B.Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 63 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A.Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B.Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 63 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written 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. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 63 H. 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 a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 – BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds 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 each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 63 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor’s Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 63 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 63 at final payment and one year thereafter. Contractor Shall include the Engineer and their designee as additional insured. 5.05 Owner’s Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder’s Risk “all risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 63 will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 63 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business 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 utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 63 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. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 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. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner’s written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 63 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, 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. 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 Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 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 or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1.“Or Equal” Items: If in Engineer’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 Engineer as an “or equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 63 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; and 3) it has a proven record of performance and availability of responsive service. 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. 2.Substitute Items: a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 63 a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B.Substitute 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 Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C.Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination. D.Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute. E.Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 63 F.Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or equal” at Contractor’s expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 63 G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, 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 such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 63 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 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 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 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 63 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor’s performance of the Work. B.Removal of 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.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 all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D.Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 63 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 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 6.13.A.2 or 6.13.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 (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 63 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or 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. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1.Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2.Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 63 C.Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and 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 and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D.Engineer’s Review: 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 (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer’s review and approval 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 6.17.C.3 and Engineer has given written approval of each EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 63 such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E.Resubmittal Procedures: 1. Contractor shall 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. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 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 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 Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 63 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, 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 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, 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. 6.21 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 law. 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, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 63 Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner’s employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 63 other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful action or inactions. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 63 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner’s Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 63 8.12 Compliance with Safety Program A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION 9.01 Owner’s Representative A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer’s visits or observations of Contractor’s Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 63 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer’s authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer’s written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 63 of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer’s Authority and Responsibilities A. Neither Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 63 9.10 Compliance with Safety Program A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 63 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A.Engineer’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B.Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant’s last submittal (unless Engineer allows additional time). C.Engineer’s Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer’s sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 63 invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A.Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, 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, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 63 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 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 63 B.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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C.Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D.Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B.Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 63 b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C.Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price. C. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. D. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. E. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 63 ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C.Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.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 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 63 deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 63 E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part 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 and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 63 the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Engineer timely notice of Contractor’s intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer’s observation and replaced at Contractor’s expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 63 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. 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 Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 63 D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer’s recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s representatives, agents and employees, Owner’s other contractors, and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 63 under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A.Applications for Payments: 1. At least 30 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B.Review of Applications: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 63 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer’s recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer’s observations of the executed Work as an experienced and qualified design professional, and on Engineer’s review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer’s knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 63 e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer’s opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C.Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D.Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 63 3. Upon a subsequent determination that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor’s notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive certificate of Substantial Completion, Engineer’s aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 63 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 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 is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A.Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 63 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 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 Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C.Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 63 (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of Engineer; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 63 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor’s tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, 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. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 63 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the 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 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 63 B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 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. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 63 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in 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. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. SUPPLEMENTARY CONDITIONS Page 1 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract – Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times – is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner – as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SUPPLEMENTARY CONDITIONS Page 2 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 Specifications - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SC1.02 TERMINOLOGY Delete Paragraph 1.02.D in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.B. Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.C. SC2.02 COPIES OF DOCUMENTS Amend the first sentence of Paragraph 2.02 to read as follows: “Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual.” SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its place: “Commencement of Contract Time shall begin on the date indicated during the pre- construction meeting with the City. The date indicated during the pre-construction meeting will be determined by the Owner, City and Contractor and as indicated in the Notice to Proceed.” SC2.05 BEFORE STARTING CONSTRUCTION Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.01. SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF AUTHORIZED REPRESENTATIVE Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.02. SC3.01 INTENT Add the following language after the second sentence of Paragraph 3.01.B of the General Conditions: SUPPLEMENTARY CONDITIONS Page 3 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 “In the event there are any conflicts between the plans, the specifications or other Contract Documents the priority of interpretation will be as follows: Signed Contract Agreement, CONTRACTOR’S Proposal, Project Drawings or Plans, Standard City Conditions of the Construction Contract for Developer Awarded Projects, Supplementary Conditions, General Conditions, Project Specifications, Referenced Specifications.” SC3.02 REFERENCE STANDARDS Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.01. SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.02. SC4.02 SUBSURFACE AND PHYSICAL CONDITION Add the following new paragraphs immediately after Paragraph 4.02.B: C.The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1.Report dated July 2018, prepared by Alpha Testing entitled: “Preliminary Geotechnical Exploration – Palmilla Springs…ALPHA Report No. W183386”. a. All of the information in such drawings constitutes “technical data” on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the “technical data” contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC4.04 UNDERGROUND FACILITIES Add the following language to the beginning of Paragraph 4.04.B of the General Conditions: “Contractor shall contact the city water & sewer and public works departments and utility companies which have a franchise to operate in the area of the project site and shall determine the location of their facilities at or contiguous to the site and shall protect same from damage during construction.” SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following: SUPPLEMENTARY CONDITIONS Page 4 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.02. SC5.02 LICENSED SURETIES AND INSURERS Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.01. SC5.03 CERTIFICATES OF INSURANCE Delete Paragraph 5.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.03. SC5.04 CONTRACTOR’S INSURANCE Add the following language at the end of the Paragraph 5.04.B.6.b: “Contractor shall include the Engineer and their designee as additional insured.” SC5.06 PROPERTY INSURANCE Delete Paragraph 5.06 in its entirety. SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.05. SC6.01 SUPERVISION AND SUPERINTENDENCE Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.01. SC6.02 LABOR; WORKING HOURS Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.02. SUPPLEMENTARY CONDITIONS Page 5 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 SC6.03 SERVICES, MATERIALS AND EQUIPMENT Delete Paragraph 6.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.03. SC6.04 PROGRESS SCHEDULE Delete Paragraph 6.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.04. SC6.05 SUBSTITUTES AND “OR-EQUALS” Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.05. SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.07 and insert the following: “Owner may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor’s application for payment.” SC6.07 PATENT FEES AND ROYALTIES Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.09. SC6.09 LAWS AND REGULATIONS Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.10. SC6.11 USE OF SITE AND OTHER AREAS Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.11. SC6.12 RECORD DOCUMENTS Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.12. SC6.13 SAFETY AND PROTECTION Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.13. SUPPLEMENTARY CONDITIONS Page 6 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 SC6.14 SAFETY REPRESENTATIVE Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.14. SC6.15 HAZARD COMMUNICATION PROGRAMS Delete Paragraph 6.15 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.15. SC6.17 SHOP DRAWINGS AND SAMPLES Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.16. SC6.19 CONTRACTOR’S GENERAL WARRANTY AND GUARANTEE Delete Paragraph 6.19 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.17. SC6.20 INDEMNIFICATION Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.18 and insert the following: CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, ATTORNEYS’ FEES, LITIGATION EXPENSES, CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY CONTRACTOR, CONTRACTOR’S EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, OF OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS CONTRACTOR, CONTRACTOR’S AGENTS, EMPLOYEES, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES, AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES, SUPPLEMENTARY CONDITIONS Page 7 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS’ COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVIL RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI- CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST CONTRACTOR, CONTRACTOR’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND THIS INDEMNITY PROVISION CONTAINED HEREIN. IT IS FURHTER RECOGNIZED AND AGREED THAT, SHOULD ANY PARTICULAR PORTION OR PROVISION OF THIS INDEMNITY PROVISION BE HELD INVALID, VOID AND/OR UNENFORCEABLE, IT SHALL NOT EFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION. CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR’S SOLE COST AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO OWNER: ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER, OWNER’S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN ADDITIONAL INSURED UNDER EACH SUCH INSURANCE COVERAGE. SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF THE CONTRACTOR, CONTRACTOR’S AGENTS, REPRESENTATIVES, EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM THE INDEMNITY PROVISION IN THIS SECTION. SUPPLEMENTARY CONDITIONS Page 8 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 8.03. SC10.04 NOTIFICATION TO SURETY Delete Paragraph 10.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 9.02. SC11.03 UNIT PRICE WORK Add the following new paragraph immediately after Paragraph 11.03.A: “Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price.” SC13.01 NOTICE OF DEFECTS Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.01. SC13.02 ACCESS TO WORK Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.02. SC13.03 TESTS AND INSPECTION Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.03. SUPPLEMENTARY CONDITIONS Page 9 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.04. SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Delete Paragraph 13.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.06. SC13.07 CORRECTION PERIOD Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.07. SC13.08 ACCEPTANCE OF DEFECTIVE WORK Delete Paragraph 13.08 in its entirety. SC13.09 OWNER MAY CORRECT DEFECTIVE WORK Delete Paragraph 13.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.08. SC14.02 PROGRESS PAYMENT Revise the first sentence of Paragraph 14.02.A.1 to read as follows: “At least thirty (30) days before each progress payment,….” SC14.03 CONTRACTOR’S WARRANTY OF TITLE Delete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.01. SC14.05 PARTIAL UTILIZATION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.02. SC14.06 FINAL INSPECTION Delete Paragraph 14.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. SUPPLEMENTARY CONDITIONS Page 10 of 10 PALMILLA SPRINGS PHASE 6 CITY PROJECT NO 103612 SC17.01 GIVING NOTICE Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.01. SC17.02 COMPUTATION OF TIMES Delete Paragraph 17.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.02. SC17.03 CUMULATIVE REMEDIES Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.03. SC17.04 SURVIVAL OF OBLIGATIONS Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.04 SC17.06 HEADINGS Delete Paragraph 17.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.06. 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- None None None 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 1D-17 Standard Crfy Conditions af The Construction Corrtract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Conha�t. {Check tfus box if there is anv City Partici�rion) � Not Requu�ed far t}us Coutract. It is City golicy to enstue the full and equitaUle gaiticigation by Nlinority and Wouien Business Enterprises (MWBE) in the pro�w�etnent of goods and services on a cantrachial basis_ If t}�e Conhact I]a�iunents provide far a MWBE goal, Cantractor is requued to coingly with the intent of the City's MWSE �rdi�ance (as antended} Uy the followin�: 1. Contractar shall, ugon request Uy City, grovide complete and ac�iu�ate infonuatiou regardu�g actual wark perforuied by a MWBE on the Contract and paylnent therefor. 2. Conhactor will not inake additions, deletious, or substihrtions of accepted MVi�BE withaut written consent af the City_ Any unjusti�ed chan�e or deletion s}�all Ue a inaterial breac}� ❑f Conhact and inay resi�lt i� deUaruient in accardance with the procediues autlirted iu the Ordii�ance. 3. Contxactar shall, ugon request l�y City, allow an audit andJar exantination af any books, records, ar �les in the passession of t}�e Canhactflr t�iat will substantiate t}�e a�hial work perfoi7ned by an MWSE. Material uusrepresentatiou of any uahu�e will Ue gxouuds for tei�vnation of the Canri�act. Any such nusregreseutation ntay be grounds for disqualification of Contractor ta bid on fiih�re �onri�acts with the City for a period af not less th,an tluee years. S. Conhaetor shall be fi�11y responsible to City for all aets and ouussions ❑f the Suhconhactors, Suppliers, and ot}�er iudividuals or entities perfoi�r�� or fiu-uishing any of t}�e Work ji�st as Conhactor is responsible far Conha�tor's ovvv aets and DLill5S10LiS. NOf�UIl� iv the Cantract Docuineuts: 1. shall create far the benefit af any such Subcontractar, Supplier, ar other inc�.ividual ar entity any �ontra�h�l relationship between City and any suc}� Subcoutt�actor, Supplier ❑r other individual or entity; nor 2. shall create any aUligatian on the gart of City to pay ar to see to the payuient af any uioneys due any such SuUcontractor, Supplier, or other iudividi�l or entity except as inay otherwise Ue reqiured by Laws and Regulatian�. C. Conhaetor shall be solely responsible for sc�iedulin� and caardivatiug the Work of SuUcontractors, Supgliers, and other individt�ls or entities perfai7�aing or fi�7ushiug any of the Work u.nder a airect or indu�ect canha�t with Contractor. D. All Suhcanhactors, Suppliers, and such ot�ier individi�als ar entities peifaruung or fiu�is}ung any of the Wark shall couunxu�icate with City tluougli �'onhactor. E. A11 Work gerforuied for Coutractar Uy a Subconri�actor or Sugplier will Ue ptu�suant to an appropriate agreeinent between Canha�tor and the SubGauri�actor or Supplier whi�h specifically biuds t�ie SuUcontractar or Supplier to t}�e agglicaUle t�rins and �onditions of these Cantract CITY dF FORT WORTH STANDAR� CTTY CONDITIONS — DEVELdPER AR7AR�EI3 PRfl7ECTS Res2sed ]anuTry 16, 2613 00 73 1D-18 Standard Crfy Conditions af The Construction Corrtract For Developer Awarded Projects Page 18 of 35 Docuineuts, Conri�actor shall grovide City �anh�act niunbers and refereuce niunbers to t}�e SuUcantractors andlor Supplier5. 5.a8 �'age Rates ❑ Required for this Contract. L'J Not Aequu�ed far t}us Co�tract. A. D�r�� to p��> P�evaalang ��age 1Zafes. The Conha�tor s}�all coiuply with all reqtureiueuts of Chapter 225$, Texas Government Code (as arnended}, iu�hidiug the gaytuent of not less than the rates detei7uived by the City Cou.n�il flf t}�e City of Fart Wort�i tfl Ue the prevailing wage rates in accardance wit}� Chapter 225$. Suc}� prevailin� wage rates are included in these Contract Docuineuts. S. Pefral�° for T�ioTatiofr. A Contra�tar or any Subconh�actar w}�o does not pay t}�e pre�ailing wa�e s}�all, upon deinaud inade Uy the City, pay to the City $b4 for each worker euiployed for eaeh calendar day or part af tlte day that the worker is paid less than the prevailivg wage rates stipt�lated in these conhact dociunents. Tlus penalty shall be retained Uy the City to offset its adininishative cflsts, pursuant to Texas Governuient Cade 2258.�23. C. Cot�aplairrts of i�iolations afrd C'ah� Deter•rnitrafaor� af Good Cause. �n receipt of ivfonnation, inchiduig a coinglaint Uy a worker, �on�erLting au alleged violation of 225$_023, T'exas Governuient Code, by a Canhactar or SuUconha�tor, t}�e City shall inake an uutial dete�ninatian, before t}�e 31 st day after the date the City receives the information, as to whether goad cause exists to Uelieve that the violation oc�tuY�ed. Tl�e City shall notify in writiug the Conhactar or SuU�onha�tor and any affe�ted warker of its initial detei7�aination. LTpan the City's deteiYnination that there is good cause to believe the Conri�actor ar SuUcoutractor �ias violated Chapter 2258, t�ie City shall retain the fiill amounts claimed Uy the �launant or claiuiants as t�ie difference Uetween wages paid aud wa�es due u.nder the prevailing wa�e rates, suc�i amounts heiug subhacted fram successive progxess payinents pendiug a final detei��ination of the vialation. D. Arbrtratzofr Re.qararer� rf Vrolatran 1�"Vof ResolverT. An issue relatiug to an alleg�d violatiau of Sectian 2258_023, Texas GoveinTnent Cade, ivcluding a genalty owed to the City ar an affected worker, shall be subinitted to bindin� arUitration in accardance with the Texas General ArUitration Act {Article 224 et seq., Revised Stahrtes} if the Contra�tor or Sul�conhactor and any affected worker does not resolve the issue Uy agxeetnent before the 15th day after t}�e date t}�e City makes its initial deteiY�ation ptu�suant to Paragxaph C above. If t}�e gersons required to arbihate under t}us section do not a�ree on an arbitrator Uefore the l lt}� day after t}�e date that arbihation is requu�ed, a dist��ict coiu�t shall agpoint an arUit�ator on the petition of any ❑f t}�e persans. The City is not a party ui the arUitratiou. The de�ision and award af the arbihator is fival aud bindin� an all parties and uiay be enfor�ed iu any caiu-t of �ompeteut jiu�isdi�tion. E. Recards to �e. Maintarrred. The Conhactor and ea�h SuUconhactor shall, for a period of three (3} years followiug the date of ac�eptance ❑f the work, inaintain records that s}�ow (i} the n,aine and CITY dF FORT WORTH STANDAR� CTTY CONDITIONS — DEVELdPER AR7AR�EI3 PRfl7ECTS Res2sed ]anuTry 16, 2613 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. 411144-1 SLTMMARY OF WdRI� Page 1 of 3 SECTIUN al 11 4a SUMMARY QF W�RK PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Suzmnary of Work to be perfonned iu accordance with the Contr�ct Documents B. De�iations fi•am tlus Ciry af Fart Wart}� Standard Specification 1. Nane. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a- Biddin� Requirements, Cantr�act Fanns, aud Canditions of the Conaact 2. Division 1- General Requu�ements 1.2 PAICE AND PAYl�TElVT PRDCEDL]RES A. Measurement aud Fayment 1. Work associated with tlus Item is cansidered subsidiaiy to the variaus itetns bid. No separate gayment will be allawed for thi� Item. 1.3 REFERENCES [\ �T USED] 1,4 ADMINISTRATIVE REQUIRENTEti TS A. Work Cavered Uy Contract Daculnents 1. Work is to uiclude fiu7u5}�iug all labor, i��terials, aud equigmeut, aud perfon�ung all Wark uecessaiy for tlus canstruction praject as detailed in the Ihawiugs and Sgecificatians. B. Subsidiaiy Wark Any and all Work sgecifically governed by dacusnevtary requu�ements for the praject, such as conditions imposed Uy the Ihawivgs or Cana�act Documents iu which na �pecific item f�r bid t�a� Ueen pravided for in the Pragasal and the item is uot a typic�l ulut bid itein ivcluded an t}�e standal�d bid iteiu list, then the item shall be cai�sidered as a subsidiaty item af yVark, the cost of wluch shall be uicluded in the price bid in the Froposal far variaus bid iteuis. C. LTse af Fi�euuses 1. Coorduiate uses of premi�es under direction of the Ciry. 2. Assume full responsiUility for protectiav and safekeeping af n�terials and equipment �tared ou the Site. LTse and accupy ai�ly portians af the guUlic st�eets and alleys, ar ather public places ar ather rights-of-way as pro�ided for in the ardina�ices of the Ciry, as shown iu the Contract Dacuments, or as i��ay be specifically authorized iv writi�ig Uy t}�e City. a. A reasonaUle amount af taals, ivaterials, and equipiuent for canstructiau pt�oses uiay be stared in 5uch space, but no iuore than is necessaiy ta avaid delay ui the const�lictiou ogerations. CTI'Y QF FQRT WQRTH F!}LMILLf1 SPR2NGS PH,4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 163612 Re��ised December 20, 2012 41 11 44 - 2 SLTMMARY OF WdRI� Page 2 of 3 b. Excavated aud waste materials shall be stored in such a way as vot to iuterfere with the use of �gaces that may be desi�vated to be left fi�ee and uuobst�licted and sa as not to inconivenieuce accupants of adjacent property. c. If the sa�eet is occupied by rail�oad tracks, the [�Vork shall Ue cairied on iu 5uch manner as not ta ivterfere with the operation af the railraad. 1} All Work shall Ue iu accordance with rail�oad requirements set farth in Division U as well as t}�e rail�oad pernut. D. Work withiv Easemeuts 1. Do not enter upon private praperty for any puzpose withaut having previausly abtained pei7nissiau fioin the awner of such property. 2. Do not store equipment or material on pri�ate groperty iu�less and until the specified approval of the property owner has been secured iu wiitiug by the Covtractor and a copy fiinushed to the City. 3. LTnless �pecifically grovided otlierwise, clear all rights-of-way ar easemeuts af abstruetiat�s which must Ue removed ta make possiUle prager prasecution of the Work a� a part of the project cai�st�uction operation�. 4. Preserve and use eveiy precaution ta prevent damage ta, all a�ees, shruUUery, pl�its, lawns, fences, culverts, cul�biug, and all other types af st�lict�ues or impravements, to all water, sewer, aud gas lines, to all conduits, overhead pole lines, or appiutenances thereof, iucludiug the canstruction of temparaiy fences aud to all ather public ar private praperty adjaceut to the Work. 5. Notify tlie proper represeutatives of the owners or occupauts af the puUlic or private lauds of iuterest in land� wluch might be affected by the Work. a. Such uotice shall be made at least 48 houl�s in advance of the be�uuung of the Work. b. Notices shall be applicaUle to bath puUlic and private utiliry companies and any corporation, cai�ipauy, iudividual, or atlier, either as owner� or occupauts, w}�ase laud or iuterest ui land nugt�t Ue affected Uy the Work. c. Be responsiUlz for all damage ar uijuly ta property of arzy character resultivg fi•om avy act, anussion, ne�lect, or misconduct iv the mamier or metltad or execution af the Wark, or at any time due to defective wark, material, or equipment. 6. Fence a. Restore all fences encour►tered avd removed duruig consa�uetion af the Praject to t}�e ori�inal or a better t}�an ot7�ina1 candition. b. Erect temparaiy fenciug in place af the fencuig remo�ed wheuever the Work is uot iu progress and when the site is vacated ovenught, audlor at all times to pravide site security. c. The cost far all feuce work witliin easements, including reiuoval, tempo��aiy clastu�e� and reglacement, shall be suUsidiaiy to the �ariaus iten�s bid in the proj ect pragosal, iuile5s a Uid item is specifically provided in the proposal. CTI'Y QF FQRT WQRTH P��4 �'P��T�' P� �� STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRO]ECT No. 163612 Re��ised December 20, 2012 41 11 44 - 3 SLTMMARY OF WaRI� Page 3 of 3 1.5 SLTB�ZITTALS [�OTtiSED] 1.6 ACTIUN SUgMITTALSIIIFUR�ZATI�NAL SLTgMITTAI.S [NOT iTSED] 1.7 CLOSE�UT SiTE�ZITTALS [N�T LTSED] 1.8 �ZAINTENAN�E 1ZATERIAL SLTBMITTAI.S [N�T iTSED] 1.9 QLTALITY ASSL-RANCE [� ��T USED] 1.1D DELNER4', STORAGE, A.�-D HANDLING [��T LTSED] 1.11 FIELD [SITE] CONDIrI�NS [N�T LTSED] 1.12 W�RRA.�TY [N0T iTSED] PART 2 - PRDDIICTS [�DT LTSED] P�RT 3 - E�ECtiTI�N [N��T USED] E�-D OF SECTIDN Rez�ision Log DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH PALMILLA SPRINGS PF�4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTCY PRa7ECT IVa. 103612 Re��ised December 20, 2012 41 25 44 - 1 SUSSTCCCITION FROCEDURES Page 1 of 4 SECTIUN al 25 00 SLTBSTITUTI�N PR�CEDURES PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: The procedtue for requestiug the approval of substitution of a product t}�at is not equivalent to a product w}uch is specified by descriptive ar perforn�ance criteria ar defuied Uy reference to 1 or mare af the followiug: a. Name of manufact��rer b. Name of vendor c. Trade i�me d. Catalo� uumber 2. Substitutians are nat "or-e�uals". B. Deviations fi�om tlus City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a— Biddin� Requuements, Cantract Foi�s aud Canditions of the Cont�act 2. Division 1— General Requireinevts L2 PRICE AND PAY14TElYT PRdCEDLTRES A. Measurement aud Payment 1. Work associated with tlus Item is cansidered subsidiary to the variaus items bid. No separate payment will be allawed for thi� Item. 1.3 REFERENCES [\ �T USED] L4 ADMINISTRAT'IVE REQUIRENTEITS A. Request far Substit�rtian - General 1. Witlun 30 days after award of Conh�act (unless noted otherwise}, the City will consider forLual requests fi�am Cont�actor for substit�ition of products iu place of those specified. 2. Certaiu tyges of equipment aud kinds of material are described in Specificatians Uy mean� of references ta uaiue� of manufacturers and veudors, trade naiues, or catalo� numbers. a. W}�en tlus methad of 5pecifying is used, it is nat intended to exclude fram consideratiau ather praducts bearing other n�anufacn�rer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals,"' a� determined Uy City. 3. �ther types of equipinent and kivds af n�terial may Ue acceptable substitutians uuder the following conditians: a. �r-equals are unavailable due to strike, discantuiued production of products meetin� specified requuements, ar ather factors beyoud canaol af Covtractor; ar. CITY QF FQRT WQRTH PALMILLri SPRFNGSPH4SE ti STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTPY PILa7ECT Na. 103612 Re��ised 7uly 1, 2011 41 25 44 - 2 SUSSTCCCITION FROCEDURES Page 2 of 4 b. Coutractar prop�5es a cost andlor time reductian iucenti�e to the City. 1.5 SLTg�ZITTALS A. See Request far SuUstitutian Form (attached} B. Pracedure far Requesting Substit�rtiou 1. Substitutian shall be cansidered oi�ly: a. After award of Contract b. LTnder the conditions stated }�ereiv Submit 3 copie5 of each written reque5t far suUstitution, includin�: a. Documentation 1} Couiplete data substantiatuig compliance ofpropased suUstitution with Contract Dacuments 2} Data relatin� ta chau�es ui consauction schedule, when a reduction is praposed 3} Data relating to changes in cost b. Far graducts 1} Product identification a} Manufacturer's name b} Telephane numUer aud representative contact name c} Sgecification Section ar Drawing reference of origivally specified product, iucludin� discrete �tame or tag nusnber assigned to origu�al product iv the Cont�act Documents 2} Manufactur�er's literature clearly marked to show couipliauce of proposed product with Cana�act I}ocurnevts 3} Itezauzed comparisou of aiiguial avd gro�osed grodurt addressuig praduct c}�aracteristics iucludin�, Uut nat vecessaiily liz�uted ta: a} Size b} Composition or materials af consaliction �} wei�ht d} Eleca�ical or mechaiucal requuements 4} Product experience a} Location af past prajects utiliziug product b} Name and telephone number of peisans associated witli referenced proj ects kvowledgeaUle concemin� progased graduct c} A�ailaUle field data aud reparts associated with proposed pradiict 5} Samples a} Provide at request af City. b} Samples became the praperry af the City. c. Far consaliction inethads: 1} Detailed descriptian of proposed methad 2} Illustratian drawings C. Appraval or Rejection 1. Written appro�al ar rejection af suUstitution gi�en by the Ciry 2. City reserves the right to require grogosed groduct ta camply wit}� calor and pattern af specified praduct if necessary to secul�e desigu iutent. 3. Iu the e�ent the suUstitution is appraved, the resultuig cost �idlor time reductiou will be docuLuented by Chauge Order in accordance witli the Getieral Conditions. CTI'Y QF FQRT WQRTH P�ILMILLr1 SPRINGS PH,45E 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PR07ECT No. 163612 Re��ised 7uly 1, 2011 41 25 44 - 3 SUSSTCCCITION FROCEDURES Page 3 of 4 4. No additional contract time will be givev for �ubstitutian. SuUstitution will be rejected if: a. Submittal is nat t}irough the Coutractar with his stamp of approval b. Request is nat made in acc�rdance with tlus Specification Section c. Iu the City's opinion, accegtauce will require subst�itial revisiau of the original design d. Iu the City's opinion, suUstitution will uot perfonn adequately the functian consistent with the desigu intent 1.6 ACTIUN SLTgMITTALS1ItiFUR�ZATIONAL SLTgMITTALS [NOr tiSED] 1.7 CLaSE�UT SiTB�ZITTALS [NOT LTSED] 1.8 �ZAINTENANCE 1ZATERIAL SLTBMI�TT�LS [N�T USED] 1.9 QiT�1LITY ASSL�NCE A. Iv makir►g request for substinitiau or in using av appraved product, the Cont�actor regresents that the Conaactor; 1. Has iuvestigated propased groduct, and has detei�iued that it is adequate or superior iu all respects to that �pecified, and that it will perfai7n fiuictian for which it is intevded 2. Will pravide 5ame gliara�ttee for substinrte item a� far praduct specified 3. Will coordivate installation of accepted substit�rtian ivto Work to iuclude Uuildiug uiodifications if neeessaiy, makin� such chan�es as n�ay be required for Work to Ue coiuplete in all respects 4. Wai�es all claiu�s far additioual casts related ta substinitian which suUsequently arise 1.1Q DELIUER4', STORAGE, A.Z-D H�NDLING [N�T USED] 1.11 FIELD [SITE] CONDITI�IS [N�T LTSED] 1.12 WARRA.�TY [NOT iTSED] PART 2 - PRDDLTCTS [N�T LTSED] F�RT 3 - EYECtiTI�N [ND�T iTSED] E�-D OF SECTIDN Rei-ision Lag DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH p,gl,�,g ,qp��s p�q,� � STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CPTY PRO]ECTNo. 103612 Re��ised 7uly 1, 2011 41 25 44 - 4 SUSSTCCCITION FROCEDURES Page 4 of 4 E7�HIBI�T A REQLTEST FOR SL-BSrITLTTID� F�R11�T: T0: PR�JECT: DATE: We hereUy suUrrut for your consideration the followivg praduct instead of the �pecified iteiu for t�ie abo�e project: SECTION PAR.4GRAPH SPECIFIED ITEM Prapo�ed Substitution: Reason for SuUStitution: Include cauiplete iufai�nation an c}�avges to Drawiugs andJor Specificatians which proposed substitution will require for its praper iustallation. Fill iu Blauks Below: A. Will the undersigned contractor pay for chavges to t}�e Uuilding desigai, ivcludivg en�ineering and detailiug casts caused by the requested suUstitutiou? B. What effect dfles suUstitution }�a�e ou other tx�ades? C. Differe�tces Uetween propased substitutiau and specified item? D. DifFere�tces in groduct cost or product delivety tiiue? E. Manufactul�er's guarantees af the proposed and specified iteuis are: Equal Setter {explain an attaclunent} The undersigued states that the function, appearauce and quality are equivalent ❑r superiar to the specified item. Subuutted By: Siguah�re as nated Firm Address Date Teleghane For LTse Uy City: Appro�ed City For LTse by City _ Recorrunended Nat recammended By Date Ren�rks Date CTI'Y QF FQRT WQRTH STANDARD CONSTRUCTTQN SPECIFICATI�N D(]CUMENTS Re��ised 7uly 1, 2011 Rej ected Recommended Received late PA�A2ILL.4 SPRINCrS PFIrlSE 6 CTTY PR07ECT No. 163612 413119-1 PRECQNSTRUCTION MEETING Page 1 of 3 SECTIUN al 31 19 PREC�NSTRUCTION MEETING PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Provisions for t}�e preconst�liction meetui� to Ue }�eld prior to the start of Work to clarify const�liction contract adnunistratinn procedures B. Deviations fi�om ttus Ciry of Fort Worth Standard Specificatian 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a— Siddin� Requuements, Cantract Forn�s aud Canditions of the Cont�act 2. Division 1— General Requireinents iR►��NC���►117���Ir�1�1►�r�:Z1I�1�11111►�� A. Measurement aud Payment Work associated with tlus Item is considered subsidiaiy to the variaus itetns bid. No separate payment will be allawed for thi� Itez�i. 1.3 REFERENCES [N�T LTSED] 1.4 ADMINISTRI-1TIVE REQUIREIbIE� TS A. Coorduiatian Atteud precanstructian meetin�. 2. Representatives af Cont�actar, suUcont�•actors and suppliers attendin� meetin�s shall be qualified aud authari�ed to act on behalf of the enitity each represents. 3. Meetin� a�niuistered by City u�y be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained Uy Ciry for future reference. B. Precai�structian Meetiug 1. A precanstructian meetiug will Ue held within 14 days after the executian of the Aga�eement and Uefore Work is started. a. The meetin� will be scheduled and admir►istered by the City. 2. The Praject Representati�e will pre�ide at the meetuig, pregare the notes af the meetin� aud disaibute copies af same to all pairticipant� who so request by fiilly couipleting the attendance form to be cu�culated at the Ueginniug af the iueeting. 3. Atteudance shall iuchide: a. Project Represevtative b. Contractor's praject manager c. Contractor's superivte�tdent d. Any subcontractar ar supplier representatives wham the Contractar u�y desire ta iu�ite ar ttie Ciry may request CTI'Y QF FQRT WQRTH P-4Lh 7�A SPRINGSPHASE ti STANDARD CONSTRUCTTQN SPECIFICATT4N DOG'CTMENTS CITY PR�7ECT No. 103612 Re��ised August 17, 2D 12 413119-2 PRECQNSTRUCTION MEETING Page 2 of 3 e. �ther City representatives f. �thers as apprapriate 4. Coust�liction Schedule a. Prepare baseline coi�st�liction schedule ui accordavice with Section O1 32 1� and provide at Freconstructian Meetiug. b. City will natify Cautractor of any schedule changes upou Natice of Precanstructian Meeting. 5. Preluninaiy Agenda may iuclude: a. Ivtroductiou of Froject Personuel b. General Descriptiau af P��oject c. Status of right-af-way, utility clearances, easeiuents ar othe�� pertiuent pen�uts d. Coutractar's work plan and schedule e. Coutract Tiiue f. Notice ta Praceed g. Const�liction Stal�in� h. Progress Payments i. Extra Wark and Chauge �rder Pracedt�res j. Field Orders k. Disposal Site Letter for Waste Mateiial 1. uisurauce Renewals m. Payroll Certification n. 1�7aterial Certifications and Quality Control Testing a. PuUlic Safety and Conveiuence p. Documentatiov of Fre-Consaliction Canditians q. Weekend Work Notificatian r. Le�al Holidays s. Trench Safery Pla.us t. Coufined Space Ent�y Standards u. Coordinatiov with t}�e City's representati�e far aperations af existiu� water systems ❑. Storm Water Pallutian Preventian Plav w. Coordination with other Contractars x. Early Warning Sy�tem y. Contractor Evaluation z. Special Canditions applicable ta the project aa. DaLuages Claims bb. SuUmittal Procedus�es cc. Substitutian Pracedul�es dd. Cor��espondence Routin� ee. Record Drawing� ff. Temparaiy constructian facilities gg. MIWBE ar MBEISBE procedures }ill. Final Aeceptauce ii. Final Payment ]J. �11�5hDI15 DT �OlI1Lil�I1tS CTI'Y QF FQRT WQRTH P11lMILL�4 SPR2NG8 PI�4SE ff STANDARD CONSTRUCTTQN SPECIFICATT4N DOG"CTMENTS CTTY PRQ.TECT No. 1 Q3612 Re��ised August 17, 2D 12 413119-3 PRECQNSTRUCTION MEETING Page 3 of 3 1.5 SLTB�ZITTALS [�OTtiSED] 1.6 ACTIUN SUgMITTALSIIIFUR�ZATI�NAL SLTgMITTAI.S [NOr tiSED] 1.7 CLOSE�UT SiTB1VIITTALS [NOT LTSED] 1.8 �ZAINTENAN�E 1ZATERIAL SLTBMITTALS [N�T iTSED] 1.9 QLTALITY ASSL-RANCE [� ��T USED] 1.1D DELNER4', STORAGE, A.�-D HANDLING [��T LTSED] 1.11 FIELD [SITE] CONDIrI�\S [N�T LTSED] 1.12 W�RRA.�TY [NOT iTSED] PART 2 - PRDDIICTS [N�T LTSED] P�RT 3 - E�ECtiTI�N [NOT iTSED] E�-D OF SECTIDN Rez�ision Log DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH P�ILMILL,4 SPR2NGS PI�45E 6 STANDARD CONSTRUCTTQN SPECIFICATT4N DOG'CTMENTS CTTY PRQ.TECT No. 143612 Re��ised August 17, 2D 12 41 32 33 - 1 PRECONSTRUCTIdN VIDEQ Page 1 of 2 SECTIUN al 32 33 PRECONSTRUCTIaN VIDEa PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Admivi5trative and procedural requuements far: a. Precanstructian Videa� B. De�iations fi�om tlus Ciry of Fort Wort}� Staudard Specification 1. None. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a— Biddin� Requu�ements, Contract Foni�s aud Conditions of the Cona�act 2. Division 1— General Requiretnevts 1.2 Pl�ICE AND PAYMElYT PRDCEDL]RES A. Measurement and Payment 1. Work associated with tlus Item is considered subsidiaiy to the variaus itetns bid. No separate �ayment will be allowed for this Item. 1,3 REFERENCES [\ aT USED] 1.4 ADMINISTRt1TIVE REQUIlZENTE� TS A. Preconstruction Video 1. Produce a preconsalictiou videa of the sitefaligument, iueludiug all areas in the viciviry af and to Ue affected by canstructian. a. Provide digital capy of �ideo upan request by t�ie City. 2. Retain a capy of the precanst�uction �idea iultil the eud af tlie maintenance stuety periad. 1.5 SLTg�ZITTALS [NOr iTSED] 1.6 ACTIUN SUBl1�TITTALSII�FUR��4TI�NAL SLTgMITTALS [N0T LTSED] 1,7 CL4SEOUT SiTg1VIIrTEiLS [NOT iTSED] 1.8 �ZAINTENAIVCE 1ZATERIAL StiB11�TITTEILS [NDT USED] 1.9 QLTALITY ASSL�NCE [PTDT USED] 1.1D DELIVER4', STORAGE, A.ti-D HANDLL\G [1DT USED] 1.11 FIELD [SITE] C�NDITI�1 S[ti DT LTSED] 1.12 WARRELNTY [N�T iTSED] P�RT 2- PRODLTCTS [ti DT ti SED] CTI'Y QF FQRT WQRTH P�ILMILL,4 SPR2NGS PH,4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRQJECT No. 143612 Re��ised 7uly 1, 2011 41 32 33 - 2 PRECONSTRUCTIdN VIDE❑ Page 2 of 2 PART 3 - E�ECtiTI�N [N��T USED] E1-D OF SECTIDN Rez�ision Log I}ATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH P�M�� �P��T� P�� � STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CPTY PR07ECT No. 163612 Re��ised 7uly 1, 2011 013300-1 SUSMITI'ALS Page 1 of 8 SECTIUN O1 33 aa SUBMITTALS P�RT 1 - GENEliAL 1.1 SLTM�ZAAY A. Sectian Includes: General metliods and requirements of suUmissions applicaUle ta the following Work-related suUmittals: a. Shop Drawivgs b. Product Data (including Standard Product List subnuttals} c. Samples d. Mock Ups B. De�iatiai�s fi�om tlus City of Fort Worth Staudard Specification 1. None. C. Related Sgecification Sections iuclude, Uut are not necessarily limited to; 1. Divisian U— Biddin� Requuements, Cantract Forn�s avd Couditions of the Cant�act 2. Division 1— General Requu�etnents 1.2 Pl�ICE AND PAYMElYT PRDCEDL]RES A. Measurement and Payment Work associated with this Item is cansidered subsidiaiy to the variaus items bid. No separate payment will be allowed for ttus Item. 1.3 REFERENCES [N�T LT5ED] 1.4 ADMINISTAATIVE liEQiTIliEME1 TS A. Coorduiation 1. Notify the City iu writiug, at the time of subuuttal, of any de�iatians ui the suUuuttals fi•om the requirements of the Contract Documents. Z. Coorduiation of Subt�uttal Times a. Prepare, prioritize and trausmit eac}� subuuttal sufficiently in advance of perfoi�iug the related Work ar ather applicable acti�ities, or within the time specified in the individual Work Sections, af the Specifications. b. Cantractor is responsible such tliat t}�e installation will not be delayed by pracessing times i�cludiug, Uut not limited ta: a} Disapproval and resubnuttal (if requu�ed} b} Coorduiatian with ather subnuttals c} Testing d} Purchasiug e} Fabrication �} Delivery g} Similar sequenced activities c. No extension of time will be authorized because of the Contraetor's failus•e to transuut submittals sufficiently in ad�ance of the Work. CTI'Y QF FQRT WORTH FALMILLA SPRINGS PFIASE 6 STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CITY PR�7ECT Na. 1D3612 Re��ised December 20, 2012 O1 3300-2 SUSMITI'ALS Page 2 of 8 d. Make subnuttals prouiptly in accordance with appraved schedule, and iu such sequenee as ta cause na delay in the Work or iu the work of any ott�er contractor. B. Subnuttal Nulnberin� Wlieu subuuttuig shop drawivgs or samgles, utilize a 9�haracter suUmittal crass- reference identificatiou nuznberin� systeiu in the fallawivg maiiner: a. LTse t}�e fust 6 digits of t}�e applicable Sgecification Section Nulnber. b. Far the next 2 di�its vumber u�e numbers U1-99 to sequentially uuiuUer each iiutial separate item or drawing submitted under each specific Section numUer. c. Last use a letter, A-Z, indicatin� the resubnussion af the same drawiug (i.e. A=2nd suUmissian, B=3rd suUmission, C=4t�i subnu5sion, etc.}. A typical suUuuttal number wauld be as fallows: a3 30 00-OS-B 1} U3 3a 00 is t}�e Specificatian Section for Cancrete 2} US is t}�e eig}�th initial subuuttal under this Specification Section 3} B is the third submission {secand resubuussion} af tl�at particular shop drawuig C. Contractar Certificatian Review shop drawuigs, praduct data and samples, ineludin� those by suUcont�actors, piior to submission to detern�ine and verify the followuig: a. Field iueasurements b. Field cousauction criteria c. Catalo� uumbers and similar data d. Confoi�nance with t}�e Cautract Dacuznents Provide each shap drawing, satnple and praduct data subnutted by the Cant�actor witli a Certification Statement aff"ixed inclucling; a. The Cont�actor's Campany name b. Sigaiature of suUmittal re�riewer c. Certification Statement 1} "By this 5ubuiittal, I hereby represeut that I have detenuiued and verified field measuremeuts, field cansauction criteiia, materials, dimensions, catalo� nutnbers and similar data and I have c}�ecked aud caardivated each item witlt other applicaUle approved shop drawui�s." D. Subnuttal FarLuat 1. Fald shap dz�awings lar�er than 8'/z iuches x 11 uiches to 8'/� inches x l linches. 2. Bivd shvp drawin�s and prflduct data sheets together. 3. d�der a. Ca�er Sheet 1} Description af Packet 2} Contractor Certification b. List of iteu�s 1 TaUle of Contents c. Product Data IShap Drawiug�ISamples ICalculatiai�s E. Subnuttal Content 1. The date of submissiou a.ud the dates of a.uy previou� subnussions CTI'Y QF FQRT WORTH FALMILL.9 SPRINGSPFIASE ti STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CITY PRa7ECT Na. 1D3612 Re��ised December 20, 2012 013300-3 SUSMITI'ALS Page 3 of 8 2. The Project title aud numUer 3. Cantractor identification 4. The vames of: a. Coutractar b. Supplier c. Manufactuier 5. Identificatian of the praduct, with tlie Specification Section number, pa�e and paragxaph(s} 6. Field dimensians, clearly ideutified as such 7. Relation ta adjacent or ciitical feat��res af the Work or materials S. Applicable standards, such a� ASTM ar Federal Specification numbers 9. Identi£icatian by hi�hli�htiug af deviatians fioLu Contract DocuLuents lU. Identificatian by hi�hlightiug af revisians on resuUmittals 11. An 8-inch x 3-inch blank space far Contractor and City stamps F. Shap Drawin�s As specified in indi�idual Wark Sections includes, but is nat necessarily linuted to: a. Custom-prepared data such as fabiicatian and erectiouliustallation (workiug} drawings b. Scheduled uifoi�tion c. Settui� diagXams d. Actual shapwork mavufactuz�iug in5tructians e. CuStam template5 f. Sgecial wiiin� diagran�s g. Coordivatian drawin�s h. Indi�ridual system or equipment inspeetion a�id test repai�ts iucludiug: 1} Perfonuance cuives and certifications i. As applicable ta the Work Details a. Relation of the various pairts to the u�aiu members and liues of the saliet�ue b. Where cor�•ect fabricatian of the Wark depends upon field i��easurements 1} Provide such measi�rements and note on the drawings priar to subnuttin� for approval. G. Praduct Data 1. Far suUuuttals af product data for products included on the City's Standard Product List, clearly identify eac}� itei�� selected far use an t}�e Froject. Z. Far subuuttals af product data for praducts nat iucluded on the City's Standard Product List, subnuttal data may iuchide, but is not necessarily liuuted ta: a. Standard grepared data far manufactured products (sometimes refeired to as catalag clata} 1} Such as the Luanufacn�rer's praduct specification and ii�stallation instructians 2} AvailaUility of calars and patten�s 3} Manufactus�er's pruited statements of compliances aud applicabiliry 4} Roughiug-in diagXams and templates 5} Catalo� cuts 6} Product phatagxaphs CTI'Y QF FQRT WORTH FALMILL.9 SPRINGSPFIASE ti STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CITY PRa7ECT Na. 1D3612 Re��ised December 20, 2012 O 1 33 00 - 4 SUSMITI'ALS Page 4 of 8 7} Standard wiring diaga�am� S} Privted perforn�ance cuives and aperatianal-ran�e dia��am� 9} Production ar quality cant�ol inspection aud te�t reports aud ceitifications lU} Mill reports 11} Product aperatiug and ivaintenance insalictions and recammended spare �airts listiug and printed product wairanties 12} As applicaUle to the Work H. Sauiples As specified iu individual Sectians, iuclude, Uut are not uecessarily limited to: a. Physical exauiples af the Wark such as: 1} Sections af n�nufacnu�ed ar faUricated Work 2} Si��all cuts or containers of materials 3} Complete uiuts of regetitively used products colorltexn�relpattern swatches and range sets 4} Specimens far coorduiatian of visual effect 5} Grap}�ic �ymUols aud units of Work ta Ue used by the City for uidependent iuspection and testiug, as applicable to the Wark I. Do not start Wark requu�ing a shop drawing, sauiple ar product data nor any material to be fabricated ar installed piior to the agpro�al ar qualified appro�al af such item. 1. Fabricatian perfonned, �terials pusrhased ar on-site constructian accoi�iplished which does not confonu to approved �hap drawiugs and data is at the Cona�actar's risk. 2. The City will not Ue liable for auy expeuse or delay due to canections or remedies required to accomglish conforn�ity. 3. Complete project Work materials, fabrication, and iustallations in confoi7nance with appra�ed shop drawuigs, applicaUle samples, and praduct data. .T. Subuuttal Distributian Electranic Dist�ibutian a. Confic�n de�elopment of Froject directory for elect�anic subnuttals to be uploaded to City's Buzzsaw site, or avother exteinal FTP site approved by the City. b. Shop Drawings 1} Upload subuuttal to desigr►ated praject directoiy and uotify agprogriate City represeutati�es �ia etnail of subtiuttal postiug. 2} Hard Copies a} 3 capies for a115uUmittal� U} If Cant�actor requues more than 1 hard copy of S}�op Drawivgs ret�anied, Coua�actar shall suUmit mare thau the vumUer af capies listed aUove. c. Product Data 1} Uploa�d subuuttal to desigx►ated project directaiy and �totify appropriate City represeutatives via email of subnuttal gostiug. 2} Hard Capies a} 3 capies for all suULttittal� d. Sauiples 1} Dist�ibuted to the Fi�oject Representative 2. Hard Cagy Dist�ibutian (if required in lieu of electraiuc disa�ibutiau) CITY QF FQRT WORTH PALMILL,4 SPRiNGSPH4SE 6 STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CTCY PR�TECT Na. 1D3512 Re��ised December 20, 2012 013300-5 SUSMITI'ALS Page 5 of 8 c�. 5�1��] �T7Wlil�S 1} DistriUuted to the City 2} Copies a} S copies for mechaiucal 5ubmittals b} 7 copies for all other suUmittals c} If Contractar requires more than 3 eopies of Shop Drawiugs reniined, Contractor shall subn�it mare t}�an tlie numUer of capies listed abo�e. b. Product Data 1} DistriUuted to the City 2} Copies a} 4 capies c. Samples 1} Dist��ibuted to the Praject Representati�e 2} Copies a} 5ubnut the number stated iu the respective Specification Sections. 3. Distribute reproductiovs of approved shop drawin�� and copie� of appro�ed product data and samples, where requued, ta the job site file svd elsewhere as directed Uy the Ciry. a. Provide nulnber of copie� as du�ected by the City Uut nat exceeding the uumber previausly specified. K. Subnuttal Review 1. The review of s}�op drawings, data aud sauiples will Ue far general coufarmance with the desigxi concept avd Coutract Docuzneuts. T1tis is nat to be canstrued as: a. PetYnittivg any depal��re from the Contract requu�eiuents b. Relievin� the Cont��actor of responsiUiliry for any eirars, uicluduig details. diinevsions. and ivaterials c. Appravin� departures fioiu detail5 fiu7ushed by tlie City, except as otherwise provided hereiu 2. The review aud appro�al of shap drawings, sauiples or product data by the City does nat relie�e the Cont�•actar fi•am luslher responsibiliry with regard to the fulfilhnent of the tern�s of the Cant�act. a. All risks of eirar and onussion are assumed by the Cont�actor, aud the City will have na responsibility therefare. 3. The Contractor reuiains responsible for details and acct�racy, for coordinating the Work with all otlter assaciated wark avd trades, for selectin� fabricatian processes, far teclwiques of assembly and for perfornung Work in a safe n�uuer. 4. If the shap drawiugs, data or samples as submitted describe variations and shaw a deparn�re from the Cana�act requirements wluch City finds to be in tlte interest of the Ciry and to be sa nvnor as not to involve a c}�an�e in Cant�•act Price or time far perfoi�nce, tlze City n�y rehun the reviewed dz�awings withaut �tatiug an exception. 5. Subtiuttals will be renuned to the Cantractor �uider 1 af the followiug codes: a. Code 1 1} "N� E�CEPTI�NS TAKEN" is assigned when there are no notatians or couuuents an the subuuttal. a} W1�eu n�etui�ed �uider this cade the Cantractor n�y release t}�e equipment andlor mateiial far u�mifact��re. b. Code 2 CTI'Y QF FQRT WORTH FALMILLA SPRINGS PFIASE 6 STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CITY PR�7ECT Na. 1D3612 Re��ised December 20, 2012 013300-6 SUSMITI'ALS Page 6 of 8 1} "EXCEPTIflNS NOTED". This cade is assig�ied when a canf'u-matiou of the notations and comments IS NOT requu�ed Uy the Contractor. a} The Contractor may release the equipinent or material for manufact��re; however, all notation5 and comments must be incotporated inta t}�e final praduct. c. Code 3 1} "EYCEPTI�NS NOTEDIRESUBMTT". Tlus cai��bination of cades is assigped when notations and couuuents are extensi�e enaugh to require a resubuuttal of the package. a} The Contractor may release the equipment or n�terial for manufact��re: hawever, all notatians and comments must be incaiparated inta the final praduct. b} ThiS re5ubnuttal is ta address all comments, anussions and uan-coufai�ivg item� tha�t were noted. c} Resubtiuttal is to Ue received Uy the Ciry withui 15 Calendar Days of the date af the City's transmittal requiring t}�e resubmittal. d. Code 4 1} "NaT APPR4VED" is assigxied w}�en the submittal does not meet the intevt of the Contract Dacuments. a} The Cont�actor must resuUnut the entue packa�e revised to Uriug the suUuuttal ir►to canfanuance. b} It ivay be necessary to resubuut using a different manufactus�erl�endor ta meet the Cont��act Daculnents. 6. Resubnuttals a. Handled ui the same manner as fust subuuttals 1} Cor��ectians ather t}�an requested by the City 2} Marked with re�ision a�iangle or other sinular uiethod a} At Cont�actor's risk if not r�rked b. Submittals for eaeh iteiu will be reviewed no more than twice at the City's expense. 1} All subsequent re�riews will Ue perfot�ned at tiuies convenieut to the City and at the Contractor's expense, based on tlie City's ar City Representative's then prevailiug rates. 2} Provide Contractor reiiubi�rsement ta the City wit}�in 30 Calendar Days for all such fees invoiced by the Ciry. The need far more than 1 resubi�ussion or any other delay in abtaining City's review af subLttittals. will not entitle the Cautractar to au extension of Contract Time. 7. Partial Subituttal� a. City reserves the right to nat review suUuuttals deeiued partial, at the City's discretion. b. Submittals deemed Uy t}�e City ta be uat complete will Ue renuned ta t�ie Contractor, aud will be cai�sidered "Not Approved" until resubuiitted. c. The Ciry may at its optian pra�ide a list or mark t}�e submittal directivg the Contractor to tlie areas that are incomplete. S. If the Canaactar considers any can�ectioti iudicated ou the �hap drawiugs to constit�rte a change to t}�e Contract Documents, thev written votice must Ue provided t}�ereof to the City at least 7 Calendar Days priar ta release far u�anufacn�re. CTI'Y QF FQRT WORTH P�1I,MILL�4 SPR2NGS PI�45E 6 STANDARD CONSTRUCTTQN SPECIFICATT4N DOG'CTMENTS CTTY PROJECT No. 163612 Re��ised December 20, 2012 013300-7 SUSMITI'ALS Page 7 of 8 9. Wheu the shap drawiugs }�ave Ueen completed ta the satisfactian af the City, t}�e Coutractar may cairy out the con�ttuction in aceordance therewith and na fiuther change� therein except upau written instructians fiom the City. lU. Each subnuttal, appropriately coded, will be renuned withiu 3a Calendar Days followiug receipt of subuuttal by the City. L. Mock ups 1. Mack Up units as specified in uidividual Sectians, include, but are nat necessarily lii�uted to, couiplete uvits of the staudard of acceptance for that type of Work to Ue used on the Project. Retnove at the completion of the Work or wheu duected. M. Qualificatians 1. If specifieally requu•ed i� other Sections of these Specificatians, subLttit a P.E. Certificatian far each item re�uu�ed. N. Request far Infai�nation (RFI) Contractor Request for additional iufai�nation a. Clarification or iuterpretation of the contract docusnents b. W}�en the Cant�actor believes t}�ere is a canflict between Contract Dacumeuts c. W}ieu the Canaactar believes there is a conflict Uetween the I]rawings and Specifications 1} Identify the conflict and request clarification 2. LTse the Request far Iufarivation (RFI} fonn provided by the Ciry. 3. NumUerivg of RFI a. Prefix with ``RFI" followed by series uulnber, "-xxx", be�iuuiug with "U1" aud increasin� sequentially with each additioual ��ansmittal. 4. Sufficient infoni�atian sl�ll be attached to peniut a written respai�se withaut fiu-ther inforivation. 5. The City will log each re�uest and will review the request. a. If review of the project inforn�tian request iudicates that a chavge to the Contract Dacuments is required, the City will issue a Field Order or Chan�e �rder, as approgriate. 1.5 SLTB�ZITTALS [NOr iTSED] 1.6 ACTIUN StiBl1�TITTALSIINFaRMArI�NAL SUBl1�TITrALS [N�T USED] 1.7 CLDSE�UT SLTgl1�IITTALS [NaT LTSED] LS �ZAINTENAN�E 1ZATERIAL SLTBMITT�L5 [N�T' USED] 1.9 QiTALITY ASSL-RANCE [1 DT ti SED] 1.10 DELIVER4', ST�RAGE, AND HA_�-DLL1G [��T LTSED] 1,11 FIELD [SITE] CONDIrIOti S[ti QT ti SED] 1.12 WA1�R��NTY [ti�T LTSED] CTI'Y QF FQRT WORTH p,4LM7]_LA SPRINGS PFIASE ti STANDARD COIVSTRUCTTQN SPECIFTCATT4N DOG'CTMENTS CPI'Y pR07ECT IVa. 1D3612 Re��ised December 20, 2012 013300-8 SUSMITI'ALS Page S of 8 P�RT 2 - PRDDLTCTS [NDT LTSED] P�RT 3- E�ECti rI�N [� ��T USED] E1-D �F SECTIDN Rei-ision Lag DATE NAME SUMMARY OF CHANGE 12:'2D:'2D12 D. 7otu�san 1.4.K. S. Working Days modified ta Calendar Days CTI'Y QF FQRT WORTH P,4LMTlL,4 SPRFNGSPHASE 6 STANDARD CONSTRUCTTQN SPECIFICATT4N DOG'CTMENTS CITY PR07ECT No. 103612 Re��ised December 20, 2012 O1 45 23 TESTINGAND INSPECTIdN SERVICES Page 1 of 2 SECTIUN al 45 23 TESTING AND INSPECTI�N SERVICES P�RT1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Testitig and ii�spection seivices pracedus•es aud coardination B. De�iations fi•am tlus Ciry af Fart Wort}� Standard Specification 1. None. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a— Biddin� Requueiuents, Cantract Forn�s aud C.ouditions of the Cana�act 2. Division 1— General Aequiretnents 1.2 PAICE AND PAYl�TElVT PRDCEDL-RES A. Measurement aud Fayment Work associated with tlus Item is cansidered suUsidiaiy to the variaus Items Uid. No separate gayment will be allawed for thi� Itern. a. Contractor i� respon�ible for perfarnluig, coardivating, and payment af all Quality Conaol testiug. b. City i5 respansible for perfoi�iug and payment for first set of Quality Assi�ravice testiug. 1} If t}�e first Qualiry Asstuance test perfoiYued by the City fails, the Cantractor is responsible for payi��ent of suUsequent Qualiry Assurance testurg until a passuig test occul�s. a} Final acceptance will �tat be issued by City uutil all requu�ed payments for testivg by Cant��actor have beeu paid in fiill. 1.3 REFERENCES [1 �T LTSED] 1.4 ADMINISTR�-1TIVE REQUIREl1�TE1 TS A. Testiug 1. Complete testing ui accordwce with the Cantz�act Docusneuts. 2. Coorduiatian a. W}�en testing is re�uued to Ue performed by the Ciry, notify City, sufficiently in advance, when testin� is needed. b. When testing is re�uu�ed to be couipleted by the Contractor, notify City, sufficiently iu advauce, that testing will be gerfonued. 3. Dist�ibutian of Testiug Repairts a. Electranic Dist�•ibution 1} Confu�n de�elopiuent af Froject directary for eleca�auic subuuttals ta be uploaded to the City's document management system, or another external FTP site aggroved by the City. CTI'Y QF FQRT WQRTH PALMILLA SPRFNGSPH4SE ti STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMEN'I5 CTCY PR�TECT Na. 1D3512 Re��ised 14farch 4, 2020 O1 45 23 TESTINGAND INSPECTIdN SERVICES Page 2 of 2 2} LTplaad te�t reports ta desiguated project directoiy and notify appropriate City repre�eutatives �ia eu�il of subnuttal po�tin�. 3} Hard Capies a} 1 copy far all submittal5 subnutted to the Praject Representati�e b. Hard Capy Dist�ibutian (if required iu lieu of elec��onic distribution} 1} Tests perfoi�ned by City a} Distribute 1 hard copy to t}�e Contractor 2} Tests perfoi7ned by the Contractor a} Distribute 3 hard copies to City's Froject Representative 4. Provide City's Fi�oject Representative with trip tickets far each deli�ered load of Concrete ar Lime material uicludin� the followivg inforit�ation: a. Name of pit b. Date of deliveiy c. Material delivered B. Iuspection Ivspection ar lack of inspection does not relieve the Contractor from oUligation to perfoiYu work iu accordance with the Contract Dacul�ients. 1.5 SLTB�ZITTAI.S [NOT iTSED] 1.6 ACTIUN SLTSl�TITT�LSiItiFUR�ZATI�NAL SLTgMITTALS [NOr iTSED] 1.7 CLaSE�UT SiTB11�iITTALS [NOT LTSED] 1.8 �ZAIN�TENANCE 1ZATERIAI. StiB11�1ITTAI.S [N�T USED] 1.9 QLTALITY ASSL�NCE [� �T USED] 1.10 DELNElt4', STOIZ4GE, A.�`D HANDLING [��T LTSED] 1.11 FIELD [SITE] CONDIrI�1S [N�T LTSED] 1.12 WARRA,�TY [N0T iTSED] P�RT 2 - PRDDLTCTS [N�T LTSED] P�RT 3 - EXECtiTION [NOT LTSED] E�'D aF SE�T'IaN Rez-ision Lag DATE NAME SUMMARY OF CHANGE 3i9i2020 D.V. Ma�ana Remo�-ed referen�e to Buczsa��• and noted t1�at elech•onic subnuttals Ue uploaded ` tlu•ougl� the City's da�Luuc��t mauagemeut system. CTI'Y QF FQRT WQRTH PALMILLA SPRINGSPH4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMEN'I5 CTCY PRQTECT Na. 1D3512 Re��ised 14farch 4, 2020 41 55 26 - 1 STREET USE PERMTT AND MQDIFICATIdNS TO T'RAF'FTC CdNTRQL Page 1 of 3 SECTIUN al 55 26 STREET USE PERMIT AND M�DIFICATIaNS Ta TRAFFIC CONTRaL PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Aduuuistrative pracedw�es for: a. St��eet Use PeiYuit b. Modificatian of appt�o�ed trafFic coutral c. Removal of Sa�eet Sigus B. Deviations fi�om tlus Ciry of Fort Worth Standard Specificatian 1. Noue. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division 0— Biddin� Requuements, Cantract Foi�s aud Conditions of the Cant��act 2. Division 1— General Requiretnents 3. Sectian 34 71 13 — Traffic Cavtrol 1.2 PAICE AND PAYl�TElVT PRDCEDLTAES A. Measurement and Payment 1. Work associated with this Item is cQnSidered subsidiaiy to the various Iteuis bid. No separate gayment will be allowed for ttu� Item. 1.3 REFERENCES A. Reference Stavdards 1. Reference standard� cited in thi� sgecificatiov refer ta the cun�ent reference standard published at the time of tlie latest re�ision date lo�ged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uuifonu Traff�ic Contral Devices (TMLT"fCD). 1.4 ADMINISTRATIVE REQUIl�ENTE1 TS A. Traffic Canc�ol General a. W}len traffic coua�ol plaus are included iv the Drawings, pro�ide Traffic Cantral iv accordavice with Drawings and Section 34 71 13. b. W}ien traffic cona�ol plans are not inchided in the Ihawings, pregare traffic control plans iu accordauce with Section 34 71 13 and submit to City for review. 1} Allaw miniiuuiu 10 workiug days for re�iew af prapa5ed Traffic Cantrol. B. Street Use PeiYuit 1. Prior to u�stallation of Traffic Canaol, a City Street Use Penuit is required. a. To obtaiu Street LTse Pen�ut, submit Traffic Cont�ol Plans to City Transgoitation aud Public Works Departmeut. CTI'Y QF FQRT WQRTH PAL2LffLLA SPRINGS PF�4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N DOCL]MENTS CTTY PRQTECT Na. 1D3512 Re��ised 7uly 1, 2011 41 55 26 - 2 STREET USE PERMTT AND MQDIFICATIdNS TO T'RAF'FTC CdNTRQL Page 2 of 3 1} Allaw a miiumuln of 5 workui� days far peiYnit review. 2} Coutractor'� respansibiliry to r�ordinate revieu+ af Traffic Cana�ol plans far Saeet Use PeiYuit, such that canstructian is uat delayed. C. Modificatian to Appraved Traffic Contral Prior to uistallatiov traffic rant�ol: a. Submit re�i5ed a�af�ic canaol plans ta City Departmeut Transportatian and Public Works Department. 1} ReviSe Traffic Cantrol plan� in accordauce with Section 34 71 13. 2} Allaw minimum 5 worl�ing day� far re�iew af revised Traffic Cont�ol. 3} It is the Cont�actor's respansibility to coordinate review of Traffic Control plaus for St�eet Use Peniut, such that construction is not delayed. D. Rema�al of Sa�eet Sign 1. If it is detei�iued that a street sign t�iust Ue rema�ed for constiuction, then contact City Trausportatiou and Public Warks Depaitment, Si�us and Marl�ings Divisian to reinave the sigr►. E. Temporary Sigx►age 1. Iv the case of regulatoiy si�us, replaee permanent sigxi with temporary sigxi iueetin� requu�ement5 of t�ie latest edition af tlte Texas Manual ou Uiufonn Traffic Cautral De�ice� (MiJTCD}. 2. Iustall temparaiy sigu Uefore the remo�al af pern�nent sigu. 3. W}�en const�lictiau is complete, to tlie extent t}�at the pei�nanent sigai can be reuistalled, contact the City Transportatian and Public Warks Department, Signs and Markings Divisiau, to reiustall the permanent sigx►. F. Traffic Cont�ol Standards 1. Traffic Cont�ol Standards can be fotuld on the Ciry's Buzzsaw weUsite. 1.5 SLTg�ZIrTALS [N0T iTSED] 1.6 ACTIUN SLTBl�TITTALS1ItiFUR��4TI�NAL SLTBIVZITTALS [NOT iTSED] 1.7 GL4SE�LTT SiTBhIITTEiLS [NOT IISED] 1.8 �ZAINTENANCE IZATERIAL StiB11�TITT�I.S [N�T USED] 1.9 QiTALITY ASSL-RANCE [� DT USED] 1.1D DELNER4', STORAGE, A.�-D HANDLL\G [tiDT USED] 1.11 FIELD [SITE] CONDIrID1S [NDT USED] L12 WARRANTY [IVaT' iTSED] PART 2 - PRODLTCTS [NDT LTSED] P�RT 3 - EYECtiTI�N [N��T iTSED] E�-D OF SECTIQN CTI'Y QF FQRT WQRTH PAL2LffLLA SPRINGS PF�4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N DOCiJMENTS CTTY PRaTECT Na. 1D3512 Re��ised 7uly 1, 2011 41 55 26 - 3 STREET USE PERMTT AND MQDIFICATIdNS TO T'RAF'FTC CdNTRQL Page 3 of 3 Rei-ision Lag DATE NAME SUMMARY �F CHANGE CTI'Y QF FQRT WQRTH PALiYffLLA SPRFVGS PHASE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N DOCiJMENTS CITY PRQ7ECT Na. 1D3512 Re��ised 7uly 1, 2011 415713-1 STORM WATER POLLUTTQN PREVENTION Page 1 of 3 SECTIUN al 57 13 STORM WATER PQLLUTIaN PREVENTION PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Proeedures for Stonn Water Pallution Prevention Plans B. De�iations fi•am tlus Ciry of Fort Wart}� Standard Specification 1. None. C. Related Specificatian Sections iuclude, but are not necessarily limited ta: 1. Division a— Biddiug Requirements, Cana�act Foi�ns and Conditiaus af the Coutract 2. Division 1— General Requireinents 3. Sectian 31 25 UU — EroSian and Sediment Cant��ol 1.2 PAICE AND PAYl�TElVT PRDCEDL]AES A. Measurement aud Payment 1. Canst�liction Activities resultuig iv less than 1 acre af disturbance a. Work associated witlz t�us Item is cansidered subsidiaiy to the variaus Items bid. Na separate payment will be allawed far tlus Item. 2. Const�lictian Activities resultui� iu g��eater than 1 acre of dist�ubauce a. Measw�ement aud Payment shall be in accordance with Section 31 25 UU. 1.3 REFERENCES A. AUbreviatiai�s aud Acranyn�s 1. Notice of uitent: N�I 2. Natice af Tei7nu►atiou: N�T 3. Starm Water Pollutiov Pre�entiou Plan: SWPPP 4. Texas Couiuiissian on Eu�iramneutal Quality: TCEQ 5. Notice af Chan�e: NOC A. Reference Staudards 1. Reference standards cited ui this Specificatian refer to the cuirent reference standard published at the time of the latest re�ision date lo��ed at the end of thi� Specificatian, ui�less a date is �pecifically cited. 2. IvtegXated Storni Management (iSW11�I) Tecluucal Manual for Canstruction Contrals 1.4 ADMINISTRf1TIVE REQUIlZE1ZE� TS A. General 1. Contractor is responsible for resolution and paymeut of any fines issued assaciated with coinpliance ta Starmwater Pallution Prevention Plan. CTI'Y QF FQRT WQRTH P,qLMILLA SPRINGSPH4SE ti STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTCY PR�7ECT IVa. 1D3512 Re��ised 7uly 1, 2011 415713-2 STORM WATER POLLUTIQN PREVENTION Page 2 of 3 B. Coust�lictian Acti�ities resultin� in: 1. Less t}�an 1 acre of disturbance a. Provide erasian aud sediment conaol ui accardauce witli Section 31 25 aa aud Drawings. 2. 1 L to less than 5 acres af disn�rbance Texas Pollutant Discharge Elimination System {TPDES} General Construction PeiYnit is requu•ed Complete S�T�'PPP in accardauce with TCEQ requiremevts 1} TCEQ Small Coust�-uctiov Site Notice Requu�ed under geveral penuit THIt150000 a} Sigai andpost at jab site b} Prior to Precanstructian Meeting, send 1 capy to Ciry Department of Transpai�tatiau aud Public yVorks, Enviroiuuental Divisiou, (817) 392- 6088. 2} Provide erosiov avd sediment cana�ol in accordance with: �} se�rio�� � i 2s aa b} The I]rawiugs c} TXR150000 General Peniut d} SWPPP e} TCEQ requu�ements 5 acres or ntare af DistzarUance a. Texas Pollutant Discl�rge Elinunatian System {TPDES} General Coustructian PeiYnit is requu�ed b. Complete SWPPP in accardance with TCE� requireiuents 1} Prepare a TCEQ NflI fonn and subitut to TCEQ along wit}� required fee a} Sigai andpast at jab �ite b} Send copy ta City Depaivnent af Tran�partation and Public Warks. Enviraiuuental Di�ri�ian, (817} 392-6a8S. 2} TCEQ Notice of Chan�e required if mal�ing changes ar updates to N�I 3} Provide erosion avd sediment cont�ol ui accardance with: a} Sectian 31 25 QO b} The Ihawiugs c} THIt150aa0 General Peniut d} SWPPP e} TCEQ requu�ements 4} Qnce the project l�s been completed avd all the closeaut requirements af TCEQ have been met a TCEQ Noti�e of Tennuiation can be subiiutted. a} Send copy ta City Department af Transportatian and Public Works, Enviroiuuental Di�ri�ion, (817) 392-6a88. 1.5 SLTg�ZIrTALS if��� Subnut in accordance with Section 41 33 00, except as stated hereiu. a. Prior to the Preconstrlirtion Meetin�, subi�ut a draft copy of SWPPP to the City as fallaws: 1} 1 copy ta the City Project Mana�er a} City Fraject Mava�er will forward to the City Department of Transpartatiau avd Public Warks, Environmental Division far re�iew CITY QF FQRT WQRTH PALMILLA SPRFNGSPH4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTCY PRQ7ECT Na. 1D3512 Re��ised 7uly 1, 2011 415713-3 STORM WATER POLLUTIQN PREVENTION Page 3 of 3 B. Modified SWPPP 1. If t}�e SWPPP is revised durin� canst�uction, resuUmit modified SWPPP ta the Ciry iu accordavice with Sectiou O1 33 Ofl. 1.6 ACTIUN SLTBMITTfiLSII�FaR�7ATI�NAL SIIBMITTAI,S [NOT tiSED] 1.7 CLOSE�UT SiTgl1�IITTALS [NOT LTSED] 1.8 �ZAIN�TENANCE 1ZATERIAI, StiBMI�TT�LS [NaT LTSED] 1.9 QiT�LITY ASSL-RANCE [� �T USED] 1.1D DELNER4', STORAGE, A.ti-D HANDLING [ti�T USED] 1.11 FIELD [SITE] CONDITI�\S [N�T USED] 1.12 WARRA.ITY [NOT iTSED] P�RT 2 - P1tDDLTCTS [N�T LTSED] P�RT 3 - E�ECtiTI�N [N��T iTSED] E1-D OF SECTIDPT Rei-ision Lag DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH p,g�,h�I7TTA SpRINGSpI�qSE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PR07ECT No. 103612 Re��ised 7uly 1, 2011 O1 60 00 PROI]UCT REQUIREMENCS Page 1 of 2 SECTIUN al 6D 40 PRODUCT REQLTIREMENTS PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Referevices for Product Requirements and Ciry Staudard Products List B. De�iations fi•am this Ciry of Fort Wort}� Standard Specificatian 1. None. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a— Biddin� Requueiuents. Cantract Forn�s and C.ouditions af the Cana�act 2. Division 1— General Aequirements 1.2 PAICE AND PAYMElVT PRDCEDLTRES [tiDT tiSED] 1.3 REFERENCES [\ �T USED] L4 ADMINISTRAT'IVE REQUIRENTEITS A. A list of City approved products far use is a�ailaUle tlu�ough the Ciry's weUsite at: https:llapps.fni�t�voi�rlitexas.go�rnr•ajectResnui�resl and followivg the directory pat}�: 02 - Consh�uctian DoculnentslStandard Praducts List B. Only praducts specifically included ou City's Staudard Fi�oduct List ui these Contract Docusneuts shall be allowed for use an the Project. 1. Auy subsequently approved products will only be allowed for use upon specific approval Uy the City. C. Any specific product re�uu�einents in the Cana�act Doc�unents supersede sinular products iuchided on the City's Standard Product List. 1. The City reseive� the right to not allaw praducts ta be used for cei�tain prajects even thoug}� the praduct is listed on the City's Standard Product List. D. Alt}�ough a specific product is included on Ciry's Standard Product List, not all produets from that manufacturer are approved for use, including but nat liuuted ta, that manufacturer's standard product. E. See Section Q1 33 00 for subnuttal requirements af Product Data ivcluded an City's Standard Froduct Li�t. 1.5 SLTB�ZIrTALS [N0T iTSED] 1.5 ACTIUN SLTBI4IITTfiLSII�FaR.��4TI�NAL SLTBNIITTALS [NOT IISED] 1.7 CLDSE�UT 5Ugl1�IITT�iLS [� �T LTSED] 1.S �ZAINTENANCE 1ZATERIAI. StiB11�TI�TTALS [NaT LTSED] 1.9 QLTALITY ASSL-RANCE [� DT USED] CTI'Y QF FQRT WQRTH p�1LMILLr1 SPRINGS PH,45E d STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 163612 Re��ised 14farch 4, 2020 O1 60 00 PROI]UCT REQUIREMENCS Page 2 of 2 1.1Q DELNER4', STORAGE, A.�-D HANDLING [��T USED] 1.11 FIELD [SITE] CONDIrI��S [N�T USED] 1.12 WARRA.�TY [NOT LTSED] PART 2 - PRDDIICTS [N�T USED] P�RT' 3 - EXE�L"TI�N [NaT' iTSED] E1-D OF SECTIDPT Rez�ision Log DATE NAME SUMMARY OF CHANGE 1D� 12:`12 D. 7ahnsan Madifted Location af Ciry"s 5tandard Produet List 3'9i202D D.V. Ma�ana Revwyed refereuce to Suzzsa�� and uoted that the City approti•ed products list is ` accessihle tlu•augh t}�e Ciry'S Si�eUsite. CTI'Y QF FQRT WQRTH p�1LMILLr1 SPRINGS PH,45E d STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 163612 Re��ised 14farch 4, 2020 41 66 44 - 1 PRQDUCT STdRAGE AN� HANDLING REQLTIREMENPS Page 1 of 4 SECTIUN al 66 40 PR�DLTCT STORAGE AND HANflL1NG REQLTIREMENTS PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Scheduling af product deliveiy 2. Packa�in� of products for deli�eiy 3. Protection af praducts against damage fram: a. Handliug b. Exposu��e to eleinents ar harsh eu�iramneuts B. Deviations fi•om this Ciry of Fort Worth Standard Specification 1. None. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a— Biddiug Requu�ements, Contract Foi�s aud Conditions of the Cont�act 2. Division 1— General Requiretnents 1.2 PAICE AND PAYl�TElVT PRDCEDLTAES A. Measurement and Payment 1. Work associated with tlus Item is cansidered subsidiaiy to tlie variau5 Iteu� bid. No separate gayment will be allowed for thi� Item. 1.3 REFERENCES [\ �T LTSED] 1.4 ADMINISTRATIVE REQUIRENTEI TS [NOT iTSED] 1.5 SLTB�ZITTALS [NOr iTSED] 1.6 ACTIUN SLTBI4TITTfiLSII�FaR.��4TI�NAL SIIBMITTALS [NOT iTSED] 1.7 CLOSE�UT SiTg1VIITTALS [NOT LTSED] 1.8 �ZAIN�TENANCE 1�ZATERIAL StiBMITTALS [N�T USED] 1.9 QiTALITY ASSL-RANCE [� �T USED] 1.1D DELNER4' AND HANDLL\G A. Deliveiy Requiremeuts 1. Schedule delivery of praducts or equipiuent as requu�ed to allow tiiuely uistallatian and ta avoid pralonged stora�e. 2. Provide apprapriate persomiel and equipment to recei�e deliveries. 3. Deliveiy alicks will nat be peniutted to wait extended periads af tii�ie on tlie Site far gersanuel ar equipment to receive the delivery. CITY QF FQRT WQRTH PALMILI„4 SPRFVGSPH4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQTECT Na. 1D3512 Re��ised 7uly 1, 2011 41 66 44 - 2 PRQDUCT STdRAGE AN� HANDLING REQLTIREMENPS Page 2 of 4 4. Deli�er products or equipment ui manufacturer's origanal uubraken cartans ar ather contaivers desigaied and consalicted ta protect the cantents fram physical or enviratunevtal damage. S. Clearly and fully Luark and identify as to manufacturer, item aud in�tallation lacatiau. 6. Provide n�nufacn�rer's instructions for storage and handliug. B. Handliug Requirements 1. Handle products or equipment in accordance with these Contract Daculnevts aud u�anufacn�rer'S recouuneridatians and ui�truction�. C. Storage Requirements 1. Store n�terials ui accorclance with manufacturer'S 1'eCUIIllIleIlC�Tla115 3U{L requu�ements af these Specificatious. 2. Make necessaiy provisiovs for safe storage of materials and equipment. a. Place loose soil matetials and n�terials to be iucorparated iuto Wark to prevent daiva�e to any part of Wark or existuig facilities and to u�ivtain fiee acces� at all times to all parts of Work and to utility seivice company installatians ui viciiury of Work. 3. Keeg �terials and equipment neatly aud comgactly stared in locations that will cause minimum uicanveuieuce ta other coutractars, gublic t�avel, adjoining awuers, tena�tts and accupants. a. An�an�e stara�e to provide easy acce�s for in�pection. 4. Rest��ict storage to areas available an const�-uctian site for storage of material and equigmevt as showu on Ihawings, ar appraved Uy City's Project Representative. 5. Provide off=site storage aud protection when an-site starage is uot adequate. a. Provide addresses of and aecess to afF-site starage locations for inspection by City's Project Representative. 6. Do nat use lawus, ga�ass plats or ather private properry for starage piu�aases without written pei�tussian of owner or other pe��son ui possession or cana�ol af preuuses. 7. Store ui manufactw�ers' iuiopened coutaiuers. S. Neatly, safely and compactly stack i��aterials delivered and stored along line of Work to avoid incanvenieuce and dau��e ta praperty owuers aud �eueral puUlic and mauitaui at least 3 feet fi�om fire hyci��ant. 9. Keep public and private driveways and street crassiugs opeu. 14. Repau ar replace dan�ged lawns, sidewallcs, streets ar otlter impro�ements to sati�faction of City's Pl�oject Repre�entative. a. Total len�th wluch materials ivay be disaibuted alang route of coust�-uctiou at aue time is 1,UUa linear feet, unless atherwise appraved in writuig by City's Project Representative. CTI'Y QF FQRT WQRTH PAL2LffLLA SPRINGS PF�4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRaTECT Na. 1D3512 Re��ised 7uly 1, 2011 41 66 44 - 3 PRQDUCT STdRAGE AN� HANDLING REQLTIREMENPS Page 3 of 4 1.11 FIELD [SITE] CONDITI�IS [N�T USED] 1.12 WARRA.�TY [NOT iTSED] P�RT 2 - PRDDLTCTS [N��T LTSED] F�RT 3 - EYECti TIDN 3.1 I� STALLERS [N0T LTSED] 3.2 ExAl1�TIlYATION [N�T LTSED] 3.3 PAEPAl��TIfl� [�DT i;SED] 3.4 ERECTIDI [NDT tiSED] 3.5 REPAIR I 1tESTORATION [N�T iTSED] 3.6 RE-Iti STALLATI�N [� ��T USED] 3.7 FIELD [ox] SITE QiT�L,ITY CD�TRUL A. Tests aud Inspections 1. Iuspect all praducts or equipment delivered to the site priar to i�uloadiug. B. Non-Caufai�nu►g Work 1. Reject all products or equipment that are damaged, used or in any other way tulsatisfactaiy far use ov the pr�ject. 3.8 SYSTEM STAATLTP [1 QT ti SED] 3.9 ADJti STING [N�T LTSED] 3.1Q CLEANING [NOT tiSED] 3.11 CLOSE�UT ACTIVITIES [NDT tiSED] 3.12 Pl�aTECTIUN A. Protect all products or equipmeut iu accordauce with n�nufacturer's written duections. B. Stare products ar equipment in lacatiou to a�oid physical dama�e ta items while in storage. C. Pratect equipiuent f�am expost�re ta elements and keep thorau�hly dry if required by the manufacturer. 3.13 �ZAINTENAN�E [NDT ti SED] 3.14 ATTACH�ZEtiTS [NDT LTSED] E1-D �F SECTIDN CTI'Y QF FQRT WQRTH p,4LM7]_LA SPRINGS PFIASE ti STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CPI'Y PRa7ECT IVa. 1D3612 Re��ised 7uly 1, 2011 41 66 44 - 4 PRQDUCT STdRAGE AN� HANDLING REQLTIREMENPS Page 4 of 4 Rez-ision Lag DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH P-4L1L 1�A SPRINGS PFIASE ti STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CPTY PR�]ECT No. 103612 Re��ised 7uly 1, 2011 417123-1 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 1 nf 8 SECTIUN al 71 23 CaNSTRLTCTION STAKING AND SLTRVEY PART1- GENERAL f�i�YIA�A�IE�:i1 A. Sectian Includes: Requu�ements for construction stakin� and canstructian sulvey B. De�iations fi�om tlu� Ciry of Fort Worth Standard Specificatian 1. Nane. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a— Biddui� Requirements, Cantract Foi�s aud Canditions of the Cant�act 2. Division 1— General Aequiretnents 1.2 Pl�ICE AND PAYMElYT PRDCEDL]RES A. Measurement and Payment Const�lictian Stal�ing a. Measurement 1} Measurement far this Item shall Ue by lump sum. U. PayLuent 1} The warkperfon�ied and the n�terials fiu�ished iu accordance with thi� Item shall be paid for at t}�e luing suln price Uid for "Consaliction Staking". 2} Payineut for "Canstructian Stakiug" s}�all be made iv partial payments prarated by wark couipleted campared to total work included in the lui�ip sum item. c. The price bid shall include, but not Ue liuuted to the follawiug: 1} Verificatian of cana�ol data provided Uy City. 2} Placement, ivaintenance aud replaceiuent of required stakes and u�arkiugs in the field. 3} Preparation and subuuttal of cai�st�-uction stakiug doculnentation iu tlie foi�n af "cut s}�eets" usiug tlie City's standard template. Const�lictiov Suivey a. Measut�ement 1} This Item is cansidered subsidiaiy ta the variaus Items Uid. b. Payinent 1} The workperfonned and t}�e Li�terials fiu�nished iv accordavice with thi� Item are subsidiaiy to tlte various Iteu�s bid and na ot}�er campeusation will be allowed. As-Bu.ilt Suivey a. Measurement 1} Measurement for this Item shall Ue by lumg sum. U. Payment 1} The workperfonned and the n�aterials fui�ished iv accordance with thi� Item shall Ue paid for at the luuip sum price bid far '`As-Built Suivey". CTI'Y QF FQRT WQRTH p�1LMILL,4 SPRINGS PH,4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 1 a3612 Re�-ised Februan- 14, 2018 417123-2 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 2 nf 8 2} Paytnent for "Construction Stal�ng" shall Ue made iu partial payments prorated by work cofnpleted campared to total wark ivcluded in tlte lump susn item. The price bid shall iuclude, but not be liuuted to t}�e follawing:; 1} Field meast�rements aud stuvey shots to identify locatian of comgleted facilities. 2} Documentation and �ubmittal of as-built sruvey data onto cantractar redline plans and digital sulvey files. 1.3 REFEREPTCES A. Defiiutians 1. Coust�lictian Stuvey - The suivey measul�ements made priar to ar wlule covst�lictiou is iv pragaess to cont�ol elevatian, il�l'LZ411C71 I]OS1C14I1, {�1111eLlS1DI1S aIlt� confi�ul�atiou af struct��reslimprovements inchided ui the Froject Drawiugs. 2. As-Uuilt Stuvev —The measus�einents u�ade after the consaliction af the i�iipra�ement feat��res are camplete to pravide position coordinates far the features af a project. 3. Cayst�liction Stakiv� — The placement af stakes and ivarkiugs to pro�ide afFsets and elevatiays ta cut aud fill in order ta locate on the �a�aund the desigped structuresliuiproveiuents included in the Project I]rawiugs. Consauctiou stakiug shall iuclude staking easements andlor rig}�t of way if indicated on the plans. 4. Suzve� "Field Checks" — Measurements made after constiuction stakin� is cauipleted aud Uefore coi�st�lictian work begius to ensi�re that strucnires n�arked an the gaotuld are accur�ately located per Froject Drawings. B. Tecluucal References 1. City af Foirt Worth — Consauctiov Stakin� Standards (available on City's Bu�saw weUSite) — U1 71 23.16.U1_ Attacluuent A Suivey Stal�ing Standards 2. City of Fort Wort�► - Standard Susvey Data Collector LiUraiy (fxl) files (availaUle av City's Bu��aw weUsite}. 3. Texas Depairtment af Trar�spoirtation (TxD�T} Swvey Manual, latest revision 4. Texas Society of Professianal Land Suiveyars (TSPS}, Ma�ival of Practice for Land Suzveyuig iu the State of Texas, Categaiy 5 1.4 AD�ZINISTAATIVE 1ZEQLZREMENTS A. The Cautr��tot's selectiau of a suive��oi• must �oinpl�� ►�ith Texas Gavei•nment Code 2254 (qualifirations laased selectian} for this pt•oje�t. 1.5 SLTg�ZITTALS A. Subnuttals, if requu�ed, shall be in accordauce with Section O1 33 OQ. B. All subnuttals s}�all Ue received and reviewed Uy the City prior ta deli�eiy of wark. 1.6 ACTIUN SLTBl�TITTALSII�FUR��4TI�NAI, SLTgMITTALS A. Field Quality Cona�ol Subiiuttals CTI'Y QF FQRT WQRTH F�1I,MILL,�9 SPRIhIGS PH,4SE d STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PROJECT No. 1 a3612 Re�-ised Februan- 14, 2018 417123-3 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 3 nf 8 1. Docuznevtation �erifyiug accuracy of field engineering work, ivchiduig caordivate conversians if plans da not indicate grid or gxotu�d coordivates. 2. Submit "Cut-Sheets" confornung to the standard teuiplate pravided Uy the City (refer to O1 71 23.16.01 — Attacluuent A— Swvey Staking Standarci�). 1.7 CLOSE�LTT 5iTg1VIITTALS B. As-built Redline I3rawing Subtiuttal 1. Submit As-Built Sutvey Redlive Drawings docusiientuig the lacationslelevations af covst�licted iinprovements signed a.ud sealed by Registered Fi�ofessiai�l Land Surveyar (RPLS} responsiUle for the work (refer to D1 71 23.16.U1— Attachment A — Sruvey Stal�in� Standards} . 2. Contractor shall suUmit the propased as-built aud completed redluie drawin� suUuuttal one (1} week priar ta sc}�eduling the project final iuspectian far City review and comuient. Re�risians, if uecessary, s}�all be made to tlie as-built redluie drawui�s and resubmitted to the City prior to scheduling the constniction fu�l inspectian. 1.8 �ZAIN�TENANCE 1�ZATERIAL StiBMI�TTAI.S [N�T USED] 1,9 Qir�LITY ASSLZtANCE A. Const�liction Stal�in� 1. Const�liction stakiug will be peifonned by tlte Cona�actor. 2. Coorduiation a. Contact City's Project Representative at least one week in advance notifying the City of when Canst�uction Stakivg is scheduled. U. It is the Contractor's resgonsibility to caordinate staking such that constructian activities are not delayed or negatively imgacted. 3. General a. Cont�actnr is respansible for preseivuig and n�iutaiiung stakes. If Ciry siuveyors are required to re-stake for any reasan, the Cana�actor will be responsiUle for costs to gerfonu stakiug. If ui the oginion af the City, a suff"icient nuiuber of stakes or marl�in�s have been lost, de�a�oyed dist��rbed or anutted that the coutracted Work caimat take place then the Cant��actar will Ue required ta �take ar re-stake the deficient areas. B. Const�liction Suivey 1. Const�liction Suivey will be perfanued by the Contr�ctor. 2. Coorduiation a. Cont�actor to verify t}�at harizantal aud vei�tical cont�al data establis}�ed ui t}�e design stu-vey aud required for canstructian sulvey is availaUle and ui place. 3. General a. Consauction suivey will be perfonued in order to canst�lict the work showu on the Consaliction Drawui�s and specified iu the Cont�•act Documents. U. For consauction methods ather tl�n open cut, the Cont�actor shall perfonn construction s�uvey and verify cautral data iucludivg, but uat limited ta, the follawiug: 1} Verificatian that established benc}uuarks and cona�al are acct�rate. CTI'Y QF FQRT WQRTH P,4LMILL,4 SPRINGS PI�45E 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PROJECT No. 143612 Re�-ised Februan- 14, 2018 41 71 23 - 4 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 4 nf 8 2} LTse of Benc}uuarks to funush and maintain all reference luies and grades for turmeling. 3} LTse of liue and grades to establish the locatian of the pipe. 4} Submit to the City capies af field uotesused ta establish all liues and gx�ades, ifrequested, and allow t�ie Ciry to check guidauce systeiu senip priar to begimung each tunr►elin� drive. 5} Provide acces� far the City, if requested, ta �erify the guidauce sy�tem and the line and gxade af the cairier pipe. 6} The Contractor reuiains fiilly re�pansible for the accul�acy af the work and caiYection af it, as required. 7} Monitor litie ar�d g,�ade cantiuuously dtuing const�uction. S} Recard de�iatian with respect to design line and grade ance at each pipe joiut and subrrut daily records to the City. 9} If the installation does not meet the specified tolerances (as outliued ui Sections 33 05 23 aucllar 33 05 24}, irrunediately notify the City and cairect the iustallation ui accordauce with t}�e Contract Dacrunents. C. As-Built Survey 1. Required As-Built Suivey will be gerf'onued by the Contractor. 2. Coorduiatian a. Cont�actnr is to coardinate with Ciry to confu�n which features requue as- built stuveyiug. b. It is the Contractor's responsibility to caordivate the as-built s�uvey and required measus�ements for items that are to be Uuried such that constiuction activities are not delayed ar ve�atively impacted. c. For sewer main� and water mains 12" aud under iu diameter, it is acceptable to physically meast�re depth and mark the locatian during the pragress of canstructian and take as-Uuilt suivey after the faciliry ha5 been biuied. The Cona�actor is respansible for the quality contral needed to eusuz�e accuiacy. General a. The Cant�actar s}�all pro�ide as-Uuilt sulvey iucludiug the elevatian and locatian (avd provide wiitten documentation to the City} of coust�-uction features duriug the prugress af the cuustructian including the following: 1} Water Liues a} Top af pipe elevations and eoordinates far waterluies at the fallawing lacatians: (1) Minimusn eveiy 2501uiear feet, iucludiug (2) Horizontal aud �ertical poiuts af iu�lection, curvat-ure, etc. (3) Fire liue tee (4) Plugs, stub-auts, dead-end lines (5) Casiug pipe (each end} and all Uuried fittiugs 2} Sauitary Sewer a} Top af pipe elevations and eoordinates far force mains and siphon sanitaiy sewer lines (nan-g�avity facilities} at the fallowuig locations: {1} Minimum e�eiy 2501inear feet aud any Uuried fittings (2) Horizoutal aud �ertical paiuts af iuflection, curvat-ure, etc. 3} Stonuwater — Not Applicable CTI'Y QF FQRT WQRTH P�}I,MILL,4 SPR2NGS PI�4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 1 Q3612 Re�-ised Februan- 14, 2018 417123-5 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 5 of 8 U. The Cont��actor st�all pro�ide as-Uuilt susvey ivcluding the elevation and lacation (and pravide wtYtten documentation to the City} af cansttuction featules aftet• the constt•uctiau is completed includuig the followin�: 1} Manholes a} Rim aud flowline elevatiai�s aud caardivate5 for each u�nhole 2} Water Liues a} Cathodic pratectian test statians U} Sauipling statians c} Meter boxesl�aults (All sizes} d} Fire hydrants e} Val�es {gate, butterfly, etc.} f} Air Release valves (Mauhole rim and veut pipe} g} Blow aff valves {Manhale rim and valve lid} h} Pressus�e plane valves i} LTndergraund Vaults (1) Rim and flowliue elevatiai�s and caardivates for eac}� LTnderground Vault. 3} 5auitary Sewer a} Cleanaut� (1 } Rim and flowliue elevatioi�s and coordinates for each b} Maiiliales aud Jtuiction St�lict�ues (1 } Rim and flowliue elevatioi�s and coordinates for each r�nhole and juuction strucn�re. 4} Stanuwater — Not Agglicable 1.1D DELIVER4', STORAGE, A.�-D HANDLLIG [�DT LTSED] 1.11 FIELD [SITE] CONDIrID\ S[ti DT USED] 1.12 WARAELNTY Ik�:i�►��:��] 111I�� A. A const�liction survey will produce, but will not be limited to: 1. Recovery of rele�ant cantrol poivts, points of cusvature and paints of intersection. 2. Establish temparaiy hoiizontal and vertical cant�ol ele�ations (bencluuarks} sufficieutly permanent and lacated ui a mauuer to be used tluaug}�aut canstruction. 3. The location af planved facilities, easements and impravemevts. a. EstaUlishin� final liue ai�d grade stakes for piers, floors, gXade beau�, parkin� areas, utilitie�, streets, highways, t�utuels, and other canstructian. U. A record of re�isians ar con�ections notecl iu an orderly mamier far reference. c. A drawin�, when required by the client, ivclieating the horizantal and vertical location of facilities, easements and imgro�ements, as built. 4. Cut �heets shall be pravided to the City uispector and Suivey Superiutendent for all const�lictiou stakiug projects. These cut sheets sl�all Ue ou the standard city template whic}� can Ue oUtained fi�om the Siuvey Superintendent (817-392-7925}. 5. Digital s�uvey files in the fallowin� fai�nats shall Ue acceptable: a. AutaCAD (.dwg} b. ESRI Shapefile (.�hp) CTI'Y QF FQRT WQRTH P��4 �,P���, P�� � STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRO]ECT No. 163612 Re�-ised Februan- 14, 2018 417123-6 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 5 nf 8 CS� �112 �.CSV�, fOI7I12TCet� UUl�I � aIlC� y COOTC�lilatZS 1L1 5Z�]�t�Te COIL11Ill15 �115e standard templat�5, if a��ilable} 6. Stuvey files shall iuclude vertical and horizontal data tied ta original project control aud Uenchii�arks, and shall ivclude feature descriptians P�RT 3 - EYECti TIDN 3.1 I� STALLERS A. Tolerances: The staked location of any iuipravement or facility should be as acci�rate as practical and necessaiy. The degxee of grecision requu�ed is dependent on ivany factors all of wluc}� must reivain judg,mental. The talerances listed hereafter are Uased an generalities and, under certaiu cu�cumstavices, shall yield to specific requirements. The sruveyor shall assess any sit-uation Uy re�iew of the o�erall plans and tlu�ough con�ultation with respansible parties as ta the need for specific tolerauces. a. Earthwork: Grades for earthwork ar rough cut shauld not exceed U.1 ft. vertical talerance. Horizontal ali�runent for earthwork avd rou�h cut should not exceed 1.0 ft. tolerance. b. Harizontal aligumeut on a structure shall be withiu .a.lft tolerance. c. Paviug ar concrete for streets, curUs, gutters, parkiug areas, drives, alleys and walkways shall be located within the canf'ines of the site botu�daries and, occasioually, alaug a Uotuldaiy or any ather resaictive luie. Away fioiu any rest�ictive line, these facilities should be 5taked with an accw�acy praduciug no more than U.aSft. talerance fi�om theu� specified locations. d. UndergYotuld and overhead utilities, �uch as sewers, gas, water, telephone and ele�t�Yc luies, shall Ue located }�orizontally withiv their presciYbed areas or easements. Within assigned areas, these utilities should be staked with an accuracyproducing no more than a.l ft tolerance from a specified location. e. The acct�racy requu�ed far the vertical location af utilities varies widely. Many uudergxaund utilities requu�e auly a uuuimuzn cover avd a talerauce of 0.1 ft. should be maintained. LTndergraund and averhead utilitie� on plamied profile, but not dependiug an gXa�ity flow for perforn�ance, 5hould uot exceed U.1 ft. talerance. B. Suiveyin� iustrulnents shall be kept in close adjustment accorcliug to u�anufact�uer's specifications or ui compli�ice to sta�tdards. The Ciry reseives the right to request a caliUration report at any tiine and recouimends reg,ular n�iutenavice schedule Ue perfai�ned by a certified tectuucia.0 every 6 movtlis. 1. Field meast�rements af an�les and distances shall be done ui such fasluan as t❑ satisfy the clastues and talerance� expressed iu Part 3.1.A. 2. Vertical locations shall Ue established fi�am a pre-e�tabli�}�ed benc}uuark avd checked by closivg to a different Uench mark on the same datum. 3. Coust�liction sutvey field work shall con�espond to the client's plans. uregularitie� ar covflict5 found shall be reported prouiptly to the C.ity. 4. Revisions, canections and other peirtiueut data shall Ue lo��ed far future reference. CTI'Y QF FQRT WQRTH PAlMIlL,4 SPRINGS PFL4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRO]ECT No. 163612 Re�-ised Februan- 14, 2018 417123-7 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page 7 nf 8 3.2 ExAlbTINATION [N�T LTSED] 3.3 Pl�EPA1�ATI�� [� DT i; SED] 3.4 APPLIC�TIQti 3.5 REFAIR 1 RESTD1tArID� A. If the Contractar's work dan�ge� or destroys one or more of the conaol monuuientslpoints set Uy the Ciry, the monuments shall be adequ�tely referenced for expedient restaration. 1. Notify City if auy cana�ol data needs to Ue restored or replaced due to dan�ge caused duriug construction operations. a. Cant�actor shall perform replacements ancUar restoratious. U. The City may require at any time a survey "Field Check" af any monument ar benc}uuarks that are set Ue �erified by the City sruveyar� Uefore fiu-ther as5aciated work can move forward. 3.6 RE-Iti ST�LL�TI�N [ti �T USED] 3.7 FIELD [ox] SITE QLTALITY CD�rRUL A. It is tlte Contractor's responsibility to maintain all stakes and cant�•ol data placed Uy t}�e City in accord�uce with this Specificatian. Tlus uicludes easeiuents aud right of way, if noted on the glaus. B. Do uot change or relacate stakes or cantrol data without approval fi�om the City. 3.8 SYSTEM STARTLY A. Sruvey Ct�ecks 1. The City reseive� the right to perform a Suivey Check at auy time deemed uecessaiy. 2. Checks by City personuel ar 3� party contracted siuveyor are nat intended to relieve the cautractor of fluslher respon�ibiliry far accuracy. 3.9 ADJLTSTING [N�T LTSED] 3.14 CLEANING [NaT' L"SED] 3.11 CLOSE�LTT ACTIVITIES [NDT tiSED] 3.12 Pl��TECTIUN [N�T iTSED] 3,13 �ZAINTENANCE [�QTtiSED] 3.14 ATT�CH��ZEtiTS [NDT LTSED] E�-D OF SECTIDN Rez-ision Log CTI'Y QF FQRT WQRTH p,g1,MiLL,4 SpRILVGSpHq,�E 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITS' PRO]ECT No. 103612 Re�-ised Februan- 14, 2018 417123-8 CQNSTRUCTIflN STAKIl+iG AND SURVEY Page $ nf 8 DATE NAME SUMMARY OF CHANGE 8;'31r'29I2 D.7ahnsan Added iustnictiou ai�d inodified measiuemeut & pay�neut iuider 1.2: added defiuirions and refereuces imder 1.3: madified 1.5: added 1.7 claseout subuuttal 8i31r'3917 �� ��'�'�u 1•equu•emeuts: rnadified 1.9 QualityAssivan�e: added PART 2—PRDDUCTS : Added 3.1 Lustallers: added 3.5 Repau�%Restaratiau: u�d added 3.8 System Starhip. Remo�-ed "U1ue text": ret-ised measm•emeut and paymeut sections far Coustnictiou Staku�g and As-Suilt Siu�-ey: added reference to selecrion conxpliauce �vith TGC 21141201$ M O�4en 2254: res•ised acrion and �loseout suUzuittal requu•ements: added acec�taUle deptl� measuremei�t criteria: re��ised list of iteins requu-uig as-huilt sLu-�ey "dluu�g" and "after' �onshl►ction: and reti•ised acceptable digital suivey fi1e fornrat CTI'Y QF FQRT WQRTH PAL2LffLLA SPRINGS PF�4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PRQ7ECT Na. 1D3512 Re�-ised Februan- 14, 2018 41 74 23 - 1 C LEANING Page 1 of 4 SECTIUN O1 74 23 CLEANING PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. Ivtennediate and final cleaning for Wark not ivcluding special cleaiung of closed systems specified elsewhere B. Deviation� fi�om tlus Ciry of Fort Worth Standard Specificatian 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a— Biddin� Requueiuents, Cantract Forn�s and Couditions af the Cana�act 2. Division 1— General Requireinents 3. Sectian 32 92 13 — Hyd1�a-Mulchiug, Seeding and Soddiug 1.2 PAICE AND PAYl�TElVT PRDCEDL]AES A. Measurement aud Payment 1. Work associated with tlus Item is con5idered suUsidiary to the variaus Items Uid. No separate payLuent will be allawed for this Itez�i. 1.3 REFERENCES [\ QT LTSED] 1.4 ADMINISTR�-1TIVE REQUIlZEl1�IE� TS A. Sc}�eduling 1. Sc}�edule cleanivg operations so tliat dust and otlier contaminants dist��•bed by cleaning process will nat fall on uewly painted surfaces. 2. Schedule fival cleuiin� upan cainpletion of Work and iuunediately prior to final ivspectian. 1.4 SLTg�ZIrTALS [N0T iTSED] 1.6 ACTIUN SLTBl�TITTALSII�FUR��4TI�NAL SLTgMITTALS [NOT LTSED] 1,7 CL4SEOUT SUghIITT�iI.S [NOT USED] 1.8 �ZAIN�TENANCE 1ZATERIAL StiB11�TITTEILS [N�T LTSED] 1.9 QiTALITY ASSL�NCE [� DT USED] 1.1D Sr�RAGE, AND HA.1-DLING A. Starage and Handliug Requiremeuts 1. Store cleaniug groducts and cleaiung wastes in cantainers specifically desigx►ed for those �terials. CTI'Y QF FQRT WQRTH P,4LMIlL,4 SPRINGSPHASE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITI' PR07ECTNo. 103612 Re��ised 7uly 1, 2011 417423-2 C LEANING Page 2 of 4 1.11 FIELD [SITE] CONDITI�IS [N�T USED] 1.12 WARRA.�TY [NOT iTSED] P�RT 2 - PRDDLTCTS 2.1 D�PTER-FL72NISHED [ox] D�PTER-SLTPFLIEDFRODLTCTS [�DT USED] 2.2 �ZAT'ERIALS A. Cleanin� Agents 1. Couipatible with sul�face beiug cleaned 2. New aud uncantauuuated 3. Far mavufacnired surfaces a. Material recanuneuded Uy manufacturer 2.3 ACCESS�RIES [NOTtiSED] 2.4 SDLTRCE Qti�LITY CDNTRUL [1�T LTSED] PART 3 - E�E�ti TIDN 3.1 Iti STALLERS [NaT' IISED] 3.2 ExAl�TINATION [N�T USED] 3.3 Pl�EPA1��TI�� [�OT i;SED] 3,4 APPLIC�TIDti [NOT tiSED] 3.5 REFAIlZ 1 RESTDRArID� [NOT LTSED] 3.6 RE-Iti ST�LLATI�N [� �T U5ED] 3.7 FIELD [ox] SITE QLTf1LITY CDti TRUL [� OT LTSED] 3.8 SYSTEM SrARTLTP [1 QT ti SED] 3,9 ADJLTSTING [NOT USED] 3.1D CLEANItiG A. General 1. Prevent accurt�ulatian of wastes that create ha�ardous conditians. 2. Couduct cleaniug and disposal aperations to comply u+ith law� and safery order� of governui� authorities. 3. Do not dispose of valatile wastes such as u�iueral sgiiits, ail ar paiut tlzinner ui stonn or sauitaiy draius or sewers. 4. Dispose af degradable debris at an approved salid waste dispasal site. 5. Dispose of nandegradable debris at au approved salid u+a�te dispasal site ar iu ati alten�te mamier appra�ed by City and regulatoiy agencies. CTI'Y QF FQRT WQRTH P�ILMILL,4 SPR2NGSPH4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 143612 Re��ised 7uly 1, 2011 41 74 23 - 3 C LEANING Page 3 of 4 6. Handle materials ui a contralled uiaru►er with as few handliugs as possible. 7. Tharoug}�ly clean, sweep, wash and polis}� all Work avd equipment associated witli tlus project. S. Remo�e all sigus af teuiporary consauction avd activities uicidental to coust�lictiau af required pei�uanent Wark. 9. If project is vot cleaned to the satisfaction of the City, the Ciry reseives the right ta have the cleanuig completed at the expense of the Coutractor. lU. Do not burn on-site. B. Ivtennediate Cleaiung diuuig Constiuction 1. Keep Wark areas clean so as vat to lunder health, safety or convenience of personnel in existin� faciliry operations. 2. At maximum weekly iutervals, dispose of waste n�aterials, deUris aud ilibbish. 3. Cou�uie canstruction deUris daily in st�ategically located container(s}: a. Cover to prevevt Ulowing by wind b. Store debris away fiom canstructian or operatioual acti�ities c. Haul fiam site at a minimum of ovice per weel� 4. Vacuum clean iuteriar areas when ready to receive fuush pauiting. a. Coutinue vacuuiu cleaniug an an as-needed basis, uutil Fuial Acceptance. 5. Prior to stonn events, tharou�l�ly clean site af all loose ar unsecw�ed items, which u�ay become airUoi�e or trausported Uy flowing water duriug t�ie stai�n. C. Ivterior Fir�al Cleanirtg 1. Rema�e gzease, n�stic, ad}�esives, dust, du-t, staius, fin�eipruits, laUels and other fareigai u�terials fi�om sight�xpased surfaces. 2. Wige all lightuig fixtuie refleetors, lenses, lamps and aims clean. 3. Wash and shuie �la�in� and miirars. 4. Palish glossy �urf'aces to a clear sltiue. 5. Veutilatiug systems a. Clean pent�nent filters and reglace disposable filters if units were agerated durin� causalictiov. b. Clean ducts, Uloweis and coils if uluts were aperated without filters durui� const�lictiou. 6. Replace all biuned out lamps. 7. Braam clean pracess area flaors. S. Mop affice aud caua�ol raom flaars. D. Exterior (Site or Right of Way) Fival Cleanin� Remove trash a.ud debris containers fi�om site. a. Re-seed areas disturbed Uy locatiou of a�ash and cieUris contaiuers in accordauce with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces af asphalt, cancrete or any ather object that may hiuder or disrupt the flow af traffic along the roadway. 3. Clean any uiterior areas uicluduig, but not liuuted ta, vaults, ivanholes, structw�es, junctian Uoxes and uilets. CTI'Y QF FQRT WQRTH P�ILMILL,4 SPR�+IGS PH 4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQ.TECT Na. 1D3512 Re��ised 7uly 1, 2011 41 74 23 - 4 C LEANING Page 4 of 4 4. If no longer required for maintenauce af erosian facilities, and upan appro�al by City, remove erasian cont�ol fram �ite. 5. Clean signs, lights, signals, etc. 3.11 CL45E�UT ACTIVITIES [NDT tiSED] 3.12 Pl��TECTIUN [N�T iT5ED] 3.13 �ZAIN�TEN�NCE [�DTtiSED] 3.14 ATT�CH�ZEtiTS [NDT iTSED] E�-D OF SECTIDN Rei-ision Lag DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH Pl}lMILL,4 SPR2NGSPH4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT No. 1 a3612 Re��ised 7uly 1, 2011 417719-1 CLi35EQUT REQUIREMENCS Page 1 of 3 SECTIUN al 77 19 CLOSE�LTT REQLTIREMENTS PART1- GENERAL 1.1 SLT4Z�ZAAY A. Sectian Includes: 1. The procedtue for closing out a eontract B. De�iations fi•am tlus Ciry nf Fairt Worth Standard Specification 1. None. C. Related Specificatian Sections include, but are not necessarily limited ta: 1. Division a— Biddui� Requueiuents. C.antract Forn�s and C.ouditions af the Cana�act 2. Division 1— General Aequiretnents 1.2 PAICE AND PAYl�TElVT PRDCEDL]AES A. Measurement aud Payment 1. Work associated with tlus Item is cansidered suUsidiaiy to the variaus Iteu� bid. No separate gayment will be allawed for this Item. 1.3 REFERENCES [\ �T USED] 1,4 ADMINISTRATIVE REQUIRENTEti TS A. Guarautees, Bonds and Affidavits 1. No apglicatian far final payment will Ue accepted witil all guarantees, Uonds, certifica�tes, licenses and affida�rits requued for Wark or equipment as specified are satisfactarily filed with the City. B. Release of Liens ar ClaimS 1. No apglicatian for final payment will Ue aceepted u.util sati�factoiy evidence of release of liens h�s been suUmitted ta the City. 1.5 SLTg�ZIrTALS A. Subnut all requued dac�unentatian to City's Froject Representative. CTI'Y QF FQRT WQRTH P�ILASILL�4 SPR2NGSPH4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTI'Y PRQJECT Na. 1D3512 Re��ised 7uly 1, 2011 417719-2 CLi35EQUT REQUIREMENCS Page 2 of 3 1.6 I� FOR�ZATI�lYAL SLTBhIITTALS [NOT LTSED] 1.7 CLOSE�UT SiTBMITTALS [NOT LTSED] P�RT 2 - PRDDLTCTS [N��T LTSED] F�RT 3 - EYECti TIDN 3.1 I� STALLERS [N0T LTSED] 3.2 ExAl1�TIlYATION [N�T LTSED] 3.3 PAEPAl��TIfl� [� DT i; SED] 3.4 CLOSE�UT PRDCEDL-RE A. Prior to requestiug Fival uispectiou, suUmit: 1. Project Recard Documents in accordance with Section U1 78 39 2. aperation and Mauitenance Data, if required, in accordance with Sectian a 1 78 23 B. Prior to requesting Final Iuspectian, perfonu final cleaniug in accardance with Sectian U1 74 23. C. Finalluspection 1. After �'inal rleaiung, provide notice ta the City Fraject Representative that the Work is campleted. a. The City will make an uutial Fuial Iuspectian with the Contractor preseut. b. LTpou campletion af tlus uispection, the City will notify the Coutractor, in writin� witlun 10 busiuess days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. LTpou receivuig writteu notice from the City, inunediately undertake the Wark requu�ed to remedy deficiencies and complete the �ark to the satisfaction of the City. 3. LTpou ramgletion of Wark associated with the items listed iu the City's written uotice, iufai�n t}�e City, that the required Warl� ha� beeu completed. LTpon receipt af tlus uatice, the City, iu the pre�ence af the Conaactor, will make a suUsequeut Final Iuspection af the groject. 4. Provide all special accessories requu�ed to place each item af equipmevt in full aperatian. These special accessoiy items include, Uut are not linuted to: a. Sgecified spare pai�ts b. Adequate oil and grease as requu�ed far the first lubrication af the e�uipment c. Iuitial fill up of all chemical tank� and fuel tanks d. Light bu1Us e. Fuses f. Vault keys g. Handwheels h. ather expendable items as re�uired for iiutial start-ug and operatiou of all equigment D. Notice af Project Completion CITY QF FQRT WQRTH P�iLMILI� SPR27VGSPH4SE 6 STANDARD COIVSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITIr PRO7ECT Na. 1D3612 Re��ised 7uly 1, 2011 417719-3 CLi35EQUT REQUIREMENCS Page 3 of 3 1. �nce the City Praject Representative �inds the Work subsequent to Final Iuspectian ta be satisfactary, the City will issue a Notice af Praject Campletian (Green Sheet). E. Supportiug Dacuznentation 1. Coorduiate with the City Project Representative to complete the fallawiug additional forn�s: a. Final Payment Request b. Statetnevt of Cant7�act Time c. Aff"idavit af Payment and Release of Liens d. Cousent of St�rety to Final Payinent e. Pipe Repart (if requued) f. Contractor's Evaluation af City g. Perforn�nce Evaluatian of Canaactor F. Letter of Fuial Acceptauce 1. LTpou review and acceptance af Notice af Froject Completion aud Supportuig Docuuientation, iu accorda�ce with General Canditious, Ciry will issue Letter of Final Acceptavice and release t}�e Final Payment Request far payment. 3,5 REP�-LiR f RESTORATION [NaT LTSED] 3.6 RE-Iti STALLATI�N [� ��T USED] 3.7 FIELD [ox] SITE QiTfLLITY Cdti TR�L [1 QT USED] 3.8 SYSTEM STARTLTP [1 QT ti SED] 3.9 ADJLTSTING [N�T LTSED] 3,1D CLEANING [NOr tiSED] 3.11 CLOSE�UT ACTIVITIES [NDT tiSED] 3.12 Pl�aTECTIUN [N�T iTSED] 3.13 �ZAIN�TENANCE [�DTtiSED] 3.14 ATT�CH�ZEtiTS [NDT iTSED] E�`D OF SE�TIDN Rez-ision Lag DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH Pl}lMILL,4 SPR2NGSPH4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PRQJECT Na. 1D3512 Re��ised 7uly 1, 2011 417839-1 PRO]ECT RECi7RD DOCUMENTS Page 1 of 4 SECTIUN al 78 39 PR�JECT RECaRD DOCL]MENTS PART1- GENERAL 1.1 SiT��7�ZAAY A. Sectian Includes: Work associated with the documentin� the projeet and recardin� chan�es to project docuutents, includiug: a. Recard Drawuigs b. Water 1�7eter Seivice Regorts c. Saiutaiy Sewer Seivice Regai�ts d. Large Water Meter Repoirts B. De�iations fi�om this City of Fort Worth Standard Specificatian 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a— Biddin� Requueiuents, Cantract Forn�s aud Couditions of t�ie Cana�act 2. Division 1— General Requiretnents 1.2 PRICE AND PAYlbTENT PRDCEDL]RES A. Measurement a.ud Payment 1. Work associated with tlus Item is con�idered suUsicliary to the �ariaus Items Uid. No separate payment will be allowed for this Item. 1.3 REFERENCES [tiQT LTSED] 1.4 ADMINISTRATIVE REQUIREl1�TE1TS [NOT LTSED] 1.5 SiTB�7ITTAI,S A. Prior ta submittiug a request for Final Inspectian, deliver Project Recard Documents to Ciry's Project Representative. l.s ACTIDN SLTBMITT�LSII� FOR�ZATIaNAI. SLTgMITT�LS [NOT LTSED] 1.7 CL�SE�LTT SLTBII�IITTALS [NUT iTSED] 1.8 1ZAINTENANCE ��4TERIAL Sti Bl1�IITTEiLS [N�T USED] 1.9 QLTALITY ASSL-RAlVCE A. Accuracy of Records 1. Thoroughly caardinate changes withiu the Recard Doc�unents, r�kir►g adequate and proper ena�ies on each page of Specificatious and each sheet of Drawuigs a.ud ather pocusnents where such enay is required ta shaw the change properly. 2. Accuracy of records shall be such that fim�re search for items shawn in the Cona•act Dacuments uiay rely reasanably an uifai�nation obtained fi•om the appra�ed Project Rerard Documents. CTI'Y QF FQRT WQRTH p�11IT.T.,9 �p�yGS PI�45E 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PROJECT No. 163612 Re��ised 7uly 1, 2011 417839-2 PRO]ECT RECi7RD DOCUMENTS Page 2 of 4 3. Ta facilitate accuz�acy of recards, make enti7es wit�iin 24 haurs after receipt of infonuation that the chan�e has occuired. 4. Provide factual ivforniatian regardiug all asgects of the Work, bath concealed and visible, to enable future inodification of the Worl� to proceed without lengthy and expeusive site measi�remeut, uivestigation aud exanunatian. 1.1Q STflRAGE AND HANDLING A. Storage and Handlivg Requirements 1. Maintaui the jab set of Record Docusnent5 campletely protected fiam deterioratiou and from loss and damage until completion af the Work aud t�ausfer of all recarded data to tt�e fival Project Record Documents. 2. Iu the e�ent af lass of recorded data, use means necessaiy to again sectue tlie data ta the City's appraval. a. Iu 5uch case, pro�ide replacements to the standards origivally requu�ed by the Coutract Dacuments. 1.11 FIELD [SITE] CUNDITI�IS [N�T USED] 1.12 W�RRA.� TY [NOT LTSED] P�RT2- PRDDUCTS 2.1 OWNER-FLRNISHED �ox] OWNER-SIIPPLIED PRDDtiCTS [NUT iTSED] 2.2 RECDRD D�CL`MENTS A. .ToU �et 1. Promptly following receipt of t}�e Notice to Proceed, secure fiom the City., at no c}�ar�e to the Cont�actor, 1 complete set of all DocuLuents comprisiug tlie Cona�act. B. Final Recard Do�uments 1. At a time nearin� the campletion of the Work and prior to Fi�al Inspection, pravide the Ciry 1 cott�plete set af all Fival Record Drawin�s in the Cant�act. 2.3 ACCESSaRIES [NOT tiSED] 2.4 SQiTRCE QtiALITY CDNTR�L [ti�T USED] PE1RT' 3 - EXE�L"TI�N 3.1 I1 ST�LLERS [NUT LTSED] 3.2 EXAl1�TINATI�N [NaT USED] 3.3 PREPARATIDI [tiDrtiSED] 3.� 1ZAINTENANCE D�CLT�ZE\TS A. Maintenauce of .TaU Set 1. Inunediately upou receipt of the jab set, ideutify each of the Documents with the title. "RECORD DflCU1VIENTS - J�B SET". CTI'Y QF FQRT WQRTH p,y�pT T A,SpRn1rGS pI�4,S�' 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PROJECT No. 163612 Re��ised 7uly 1, 2011 417839-3 PRO]ECT RECi7RD DOCUMENTS Page 3 of 4 2. Preseivation a. Cousiderivg the Cont�act camgletion time, the prabable number of occasions upon which the joU set must be taken out for new entries avd for exatiunatian, avd t}�e conditiovs t�uder wluch these activities will be perfonued, devi5e a suitable methad for pratectiug the j ab set. b. Do not use the joU set far any ptupose except entry of new data and for re�iew by the City., until start of t�•ansfer of data to �uial Project Record Docus��ents. c. Maiutain the joU set at the site ofwork. 3. Coorduiatian with Caust�liction Suivey a. At a u�iuinnim, ui accardance with the inte�val� set foirth iu Sectian O1 71 23. clearly mark any de�iatian5 f�am Cont�•act Docuntents associated wit}� installatiov af the infrast�lict��re. 4. Makin� entries an Drawiug� a. Record auy deviations fram Cant�act Dacuments. b. LTse an erasable colored peneil (not uik or indeliUle peneil), clearly describe the c}�ange by graphic luie and nate as requu•ed. c. Date all ent�ies. d. Call attentian to the ent�y by a"cloud" drawn arousid the area or areas a�'ected. e. Iu the event of averlagpin� chan�es, use difFerent colors for the averlapping chavge�. 5. Cou�ersion of scheu�tic layouts a. Iu same cases on the Ihawin�s, airangemevts af conduits, circuits, pipirYg, ducts, and siuular items, are shown scheu�tically aud are not intended to gai�aygrecise p}�ysical layout. 1) Final physical airangement is detennuied by the Cont�actar, �uUject to the City's appraval. 2) Howe�er, desigx► of futuz�e modificatians af the facility n�ay require accw�ate itifot�nation as to the final physical layaut af items w}�ic}� are showv ot�ly schematically on t}�e Drawuigs. b. Shaw on the job set of Recard Drawings, Uy diit�ension accurate to within 1 inch, the centerluie of each rur► of iteu�s. 1) Final physical airangement is deternuned by tlie Conaactar, subject to tlie City's appraval. 2) Show, by Symbol or note, the vertical locatian of the Item {"uuder slab", "iu ceiliug plenuzn", "expased", and t}�e like). 3) Make all identification sufFiciently descriptive that it may Ue related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts w}�ere, iv the Cit�s judgment, con�ersion seives no useful pus�ose. However, da not rely upou wai�ers Uein� issued except as speci£ically issued in writing by t1�e City. B. Final Project Record Dacwnents 1. Transfer of data to Drawi��s a. Carefully transfer chauge data 5}�own on t}�e job set af Recard Drawin�s to the COI7'e5�]4L7C�111� f1i121 {�4Ci1Lil�I1C5, CDDTC�II]at1I1� tlle C}]aIl�eS aS 1'e(�1111'eC�. b. Clearly indicate at each affected detail and other Ihawing a fiill descrigtion of changes made duriug canst�uctian, aud the actual lacation af iten�s. CTI'Y QF FQRT WQRTH F�1I,MILLf1 SPR2NGS PH,4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CITY PR�JECT No. 1 a3612 Re��ised 7uly 1, 2011 417839-4 PRO]ECT RECi7RD DOCUMENTS Page 4 of 4 c. Call attentian to each eutry Uy drawuig a"cloud" around tlie area or areas affected. d. Make changes neatly consistently and with the groper media ta asst�re longe�ity and clear reproduction. 2. Transfer of data to ather poc�unents a. If the Doculnevts, other t}�an Drawings, have been kept cleau durivg progaess af the Wark, and if enaie� thereon have beeu orderly to the appraval of the Ciry.. the joU set af those Document�, ather t}�au Drawuigs, will Ue accepted as final Recard Dacuments. b. If any such Dacument i� not so apgroved by the City, secu��e a new capy of that Document fiom the City at t}�e City's usual c}�arge for reproduction and havdlui�, and carefully transfer the chan�e data ta the new copy ta the appra�al af the City. 3,5 REPAIlt 1 RESTdRATId� [NaT IISED] 3.S RE-I1 STALLArI�N [ti QT LTSED] 3.7 FIELD [ox] SITE QiTALITY CD�TROL [tiDT USED] 3.8 SYSTEM STARTLTP [��T LTSED] 3.9 ADJUSTIlVG [N�T LTSED] 3.10 �LEANING [N�T' L"SED] 3.11 CL�SE�UTACTIVITIES[NDrtiSED] 3.12 PA�TECTIDN [N�T LTSED] 3.13 1ZAINTENEINCE [� QT ti SED] 3.14 ATT�CH�ZEtiTS [NDT iTSED] E�-D OF SECTIDN Rez�ision Log DATE NAME SUMMARY OF CHANGE CTI'Y QF FQRT WQRTH p,y��T T,9 ,SpRINGS pI�4SE 6 STANDARD CONSTRUCTTQN SPECIFICATT�N D(]CUMENTS CTTY PROJECT No. 163612 Re��ised 7uly 1, 2011 02 41 13 - 1 SELECTIVE SITE DEMOLITION Page 1 of 5 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103612 Revised December 20, 2012 1 SECTION 02 41 13 2 SELECTIVE SITE DEMOLITION 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Removing sidewalks and steps 7 2. Removing ADA ramps and landings 8 3. Removing driveways 9 4. Removing fences 10 5. Removing guardrail 11 6. Removing retaining walls (less than 4 feet tall) 12 7. Removing mailboxes 13 8. Removing rip rap 14 9. Removing miscellaneous concrete structures including porches and foundations 15 10. Disposal of removed materials 16 11. Removing signage/road barricades 17 B. Deviations this from City of Fort Worth Standard Specification 18 1. Modified to include removal of signage and road barricades 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms, and Conditions of the 21 Contract 22 2. Division 1 – General Requirements 23 3. Section 31 23 23 – Borrow 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Measurement 27 a. Remove Sidewalk: Measure by square foot. 28 b. Remove Steps: measure by the square foot as seen in the plan view only. 29 c. Remove ADA Ramp: measure by each. 30 d. Remove Driveway: measure by the square foot by type. 31 e. Remove Fence: measure by the linear foot. 32 f. Remove Guardrail: measure by the linear foot along the face of the rail in place 33 including metal beam guard fence transitions and single guard rail terminal 34 sections from the center of end posts. 35 g. Remove Retaining Wall (less than 4 feet tall): measure by the linear foot 36 h. Remove Mailbox: measure by each. 37 i. Remove Rip Rap: measure by the square foot. 38 j. Remove Miscellaneous Concrete Structure: measure by the lump sum. 39 k. Remove Signage/Barricade: measure by each. 40 2. Payment 02 41 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103612 Revised December 20, 2012 1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 2 disposal, tools, equipment, labor and incidentals needed to execute work. 3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 5 Item shall be considered subsidiary to the trench and no other compensation 6 will be allowed. 7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 8 tools, equipment, labor and incidentals needed to execute work. For utility 9 projects, this Item shall be considered subsidiary to the trench and no other 10 compensation will be allowed. 11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 12 hauling, disposal, tools, equipment, labor and incidentals needed to execute 13 work. Work includes ramp landing removal. For utility projects, this Item shall 14 be considered subsidiary to the trench and no other compensation will be 15 allowed. 16 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 17 disposal, tools, equipment, labor and incidentals needed to remove improved 18 driveway by type. For utility projects, this Item shall be considered subsidiary 19 to the trench and no other compensation will be allowed. 20 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 21 equipment, labor and incidentals needed to remove fence. For utility projects, 22 this Item shall be considered subsidiary to the trench and no other 23 compensation will be allowed. 24 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 25 unloading, and storing or disposal; furnishing backfill material; backfilling the 26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 27 Item shall be considered subsidiary to the trench and no other compensation 28 will be allowed. 29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 31 needed to execute work. Sidewalk adjacent to or attached to retaining wall 32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 33 removal. For utility projects, this Item shall be considered subsidiary to the 34 trench and no other compensation will be allowed. 35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 36 equipment, labor and incidentals needed to execute work. For utility projects, 37 this Item shall be considered subsidiary to the trench and no other 38 compensation will be allowed. 39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 40 disposal, tools, equipment, labor and incidentals needed to execute work. For 41 utility projects, this Item shall be considered subsidiary to the trench and no 42 other compensation will be allowed. 43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 45 execute work. For utility projects, this Item shall be considered subsidiary to 46 the trench and no other compensation will be allowed. 47 k. Remove Signage/Barricade: full compensation for removal, hauling, disposal, 48 tools, equipment, labor and incidentals needed to remove signage and/or road 49 barricade. For utility projects, this Item shall be considered subsidiary to the 50 trench and no other compensation will be allowed. 02 41 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103612 Revised December 20, 2012 1 1.3 REFERENCES 2 A. Definitions 3 1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit 4 pavers. 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 6 1.5 SUBMITTALS [NOT USED] 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE [NOT USED] 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER-FURNISHED PRODUCTS [NOT USED] 16 2.2 MATERIALS 17 A. Fill Material: See Section 31 23 23. 18 2.3 ACCESSORIES [NOT USED] 19 2.4 SOURCE QUALITY CONTROL [NOT USED] 20 PART 3 - EXECUTION 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 REMOVAL 25 A. Remove Sidewalk 26 1. Remove sidewalk to nearest existing dummy, expansion or construction joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 B. Remove Steps 29 1. Remove step to nearest existing dummy, expansion or construction joint. 30 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 31 C. Remove ADA Ramp 32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 33 See 3.4.K. 34 2. Remove ramp to nearest existing dummy, expansion or construction joint on 35 existing sidewalk. 02 41 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103612 Revised December 20, 2012 1 D. Remove Driveway 2 1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See 3 3.4.K. 4 2. Remove drive to nearest existing dummy, expansion or construction joint. 5 3. Sawcut when removing to nearest joint is not practical. See 3.4.K. 6 4. Remove adjacent sidewalk to nearest existing dummy, expansion or construction 7 joint on existing sidewalk. 8 E. Remove Fence 9 1. Remove all fence components above and below ground and backfill with acceptable 10 fill material. 11 2. Use caution in removing and salvaging fence materials. 12 3. Salvaged materials may be used to reconstruct fence as approved by City or as 13 shown on Drawings. 14 4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced 15 areas during construction operation and while removing fences. 16 F. Remove Guardrail 17 1. Remove rail elements in original lengths. 18 2. Remove fittings from the posts and the metal rail and then pull the posts. 19 3. Do not mar or damage salvageable materials during removal. 20 4. Completely remove posts and any concrete surrounding the posts. 21 5. Furnish backfill material and backfill the hole with material equal in composition 22 and density to the surrounding soil unless otherwise directed. 23 6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least 1- 24 foot below the new subgrade elevation and leave in place along with the dead man. 25 G. Remove Retaining Wall (less than 4 feet tall) 26 1. Remove wall to nearest existing joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 3. Removal includes all components of the retaining wall including footings. 29 4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A 30 H. Remove Mailbox 31 1. Salvage existing materials for reuse. Mailbox materials may need to be used for 32 reconstruction. 33 I. Remove Rip Rap 34 1. Remove rip rap to nearest existing dummy, expansion or construction joint. 35 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 36 J. Remove Miscellaneous Concrete Structure 37 1. Remove portions of miscellaneous concrete structures including foundations and 38 slabs that do not interfere with proposed construction to 2 feet below the finished 39 ground line. 40 2. Cut reinforcement close to the portion of the concrete to remain in place. 02 41 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 103612 Revised December 20, 2012 1 3. Break or perforate the bottom of structures to remain to prevent the entrapment of 2 water. 3 K. Sawcut 4 1. Sawing Equipment 5 a. Power-driven 6 b. Manufactured for the purpose of sawing pavement 7 c. In good operating condition 8 d. Shall not spall or fracture the pavement to the removal area 9 2. Sawcut perpendicular to the surface completely through existing pavement. 10 L. Remove Signage/Barricade 11 1. Salvage existing materials for reuse. Materials may need to be used for 12 reconstruction. 13 3.5 REPAIR [NOT USED] 14 3.6 RE-INSTALLATION [NOT USED] 15 3.7 SITE QUALITY CONTROL [NOT USED] 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION [NOT USED] 21 3.13 MAINTENANCE [NOT USED] 22 3.14 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects 1/3/2014 J. Bengfort Modified to include removal of signage and road barricades 25 33 39 60 - 1 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 1 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 SECTION 00 02 41 2 EPOXY LINERS FOR SANITARY SEWER STRUCTURES 3 3APT R - GENEPAL 4 R. R S U M M A P Y 5 A. Section Includes: 6 1. Application of a high-build epoxy coating system to concrete utility structures such 7 as manholes, lift station wet wells, junction boxes or other concrete facilities that 8 may need protection from corrosive materials 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. Replaced coating properties in Section 2.2 (B) with manufacturer and product 11 number specified by City of Fort Worth Water Department 12 C. Related Specification Sections include but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms, and Conditions of the 14 Contract 15 2. Division 1 – General Requirements 16 3. Section 33 01 30 – Sewer and Manhole Testing 17 R.D 3PICE ANF 3AYMENT 3POCEFUPES 18 A. Measurement and Payment 19 1. Manholes 20 a. Measurement 21 1) Measurement for this Item shall be per vertical foot of coating as measured 22 from the bottom of the frame to the top of the bench. 23 b. Payment 24 1) The work performed and materials furnished in accordance with this Item 25 and measured as provided under “Measurement” will be paid for at the unit 26 price bid per vertical foot of “Epoxy Manhole Liner” applied. 27 c. The price bid shall include: 28 1) Furnishing and installing Liner as specified by the Drawings 29 2) Hauling 30 3) Disposal of excess material 31 4) Clean-up 32 5) Cleaning 33 6) Testing 34 2. Non-Manhole Structures 35 a. Measurement 36 1) Measurement for this Item shall be per square foot of area where the 37 coating is applied. 38 b. Payment 39 1) The work performed and materials furnished in accordance with this Item 40 and measured as provided under “Measurement” shall be paid for at the 41 unit price bid per square foot of “Epoxy Structure Liner” applied. 42 c. The price bid shall include: 33 39 60 - 2 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 2 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 1) Furnishing and installing Liner as specified by the Drawings 2 2) Hauling 3 3) Disposal of excess material 4 4) Clean-up 5 5) Cleaning 6 6) Testing 7 R.0 PEVEPENCES 8 A. Reference Standards 9 1. Reference standards cited in this Specification refer to the current reference 10 standard published at the time of the latest revision date logged at the end of this 11 Specification, unless a date is specifically cited. 12 2. ASTM International (ASTM): 13 a. D543, Standard Practices for Evaluating the Resistance of Plastics to Chemical 14 Reagents. 15 b. D638, Standard Test Method for Tensile Properties of Plastics. 16 c. D695, Standard Test Method for Compressive Properties of Rigid Plastics. 17 d. D790, Standard Test Methods for Flexural Properties of Unreinforced and 18 Reinforced Plastics and Electrical Insulating Materials. 19 e. D4060, Standard Test Method for Abrasion Resistance of Organic Coatings by 20 the Taber Abraser. 21 f. D4414, Standard Practice for Measurement of Wet Film Thickness by Notch 22 Gages. 23 g. D4541, Standard Test Method for Pull-off Strength of Coatings Using Portable 24 Adhesion Testers. 25 3. Environmental Protection Agency (EPA). 26 4. NACE International (NACE). 27 5. Occupational Safety and Health Administration (OSHA). 28 6. Resource Conservation and Recovery Act, (RCRA). 29 7. The Society for Protective Coatings/NACE International (SSPC/NACE): 30 a. sp 13/NACE No. 6, Surface Preparation of Concrete. 31 R.Q AFMINISTPATI[ E PE] UIPEMENTS 5NOT USEFB 32 R.6 SU/ MITTALS 33 A. Submittals shall be in accordance with Section 01 33 00. 34 B. All submittals shall be approved by the City prior to delivery. 35 R.4 ACTION SU/ MITTALS7INVOPMATIONAL SU/ MITTALS 36 A. Product Data 37 1. Technical data sheet on each product used 38 2. Material Safety Data Sheet (MSDS) for each product used 39 3. Copies of independent testing performed on the coating product indicating the 40 product meets the requirements as specified herein 41 4. Technical data sheet and project specific data for repair materials to be topcoated 42 with the coating product including application, cure time and surface preparation 43 procedures 33 39 60 - 3 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 3 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 B. Contractor Data 2 1. Current documentation from coating product manufacturer certifying Contractor’s 3 training and equipment complies with the Quality Assurance requirements specified 4 herein 5 2. 5 recent references of Contractor indicating successful application of coating 6 product(s) of the same material type as specified herein, applied by spray 7 application within the municipal wastewater environment 8 R.8 CLOSEOUT SU/ MITTALS 5NOT USEFB 9 R.9 MAINTENANCE MATEPIAL SU/ MITTALS 5NOT USEFB 10 R.2 ] UALITY ASSUPANCE 11 A. Qualifications 12 1. Contractor 13 a. Be trained by, or have training approved and certified by, the coating product 14 manufacturer for the handling, mixing, application and inspection of the coating 15 product(s) to be used as specified herein 16 b. Initiate and enforce quality control procedures consistent with the coating 17 product(s) manufacturer recommendations and applicable NACE or SSPC 18 standards as referenced herein 19 R.R1 FELI[ EPY, STOPAGE, ANF HANFLING 20 A. Keep materials dry, protected from weather and stored under cover. 21 B. Store coating materials between 50 degrees F and 90 degrees F. 22 C. Do not store near flame, heat or strong oxidants. 23 D. Handle coating materials according to their material safety data sheets. 24 R.RR VIELF 5SITEB CONFITIONS 25 A. Provide confined space entry, flow diversion and/or bypass plans as necessary to 26 perform the specified work. 27 R. RD W A P P A N T Y 28 A. Contractor Warranty 29 1. Contractor’s Warranty shall be in accordance with Division 0. 30 3APT D - 3POFUCTS 31 D.R OWNEP-VUPNISHEF 5OP B OWNEP-SU33LIEF 3POFUCTS 5NOT USEFB 32 D.D E] UI3MENT, 3POFUCT TY3ES, MATEPIALS 33 A. Repair and Resurfacing Products 34 1. Compatible with the specified coating product(s) in order to bond effectively, thus 35 forming a composite system 36 2. Used and applied in accordance with the manufacturer’s recommendations 37 3. The repair and resurfacing products must meet the following: 33 39 60 - 4 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 4 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 a. 100 percent solids, solvent-free epoxy grout specifically formulated for epoxy 2 topcoating compatibility 3 b. Factory blended, rapid setting, high early strength, fiber reinforced, non-shrink 4 repair mortar that can be toweled or pneumatically spray applied and 5 specifically formulated to be suitable for topcoating with the specified coating 6 product used 7 B. Coating Product 8 1. Coating shall be Warren Environmental S-301-14 Spray Epoxy or approved equal. 9 C. Coating Application Equipment 10 1. Manufacturer approved heated plural component spray equipment 11 2. Hard to reach areas, primer application and touch-up may be performed using hand 12 tools. 13 D.0 ACCESSOPIES 5NOT USEFB 14 D.Q SOUPCE ] UALITY CONTPOL 15 1. Testing 16 a. Take wet film thickness gauge per ASTM D4414 at 3 locations within the 17 manhole, 2 spaced equally apart along the wall and 1 on the bench. 18 1) Document and attest measurements and provide to the City. 19 b. After coating has set, repair all visible pinholes by lightly abrading the surface 20 and brushing the lining material over the area. 21 c. Repair all blisters and evidence of uneven cover according to the 22 manufacturer’s recommendations. 23 d. Test manhole for final acceptance according to Section 33 01 30. 24 3APT 0 - EXECUTION 25 0.R INSTALLEPS 26 A. All installers shall be certified applicators approved by the manufacturers. 27 0.D EXAMINATION 5NOT USEFB 28 0.0 3PE3APATION 29 A. Manhole Preparation 30 1. Stop active flows via damming, plugging or diverting as required to ensure all 31 liquids are maintained below or away from the surfaces to be coated. 32 2. Maintain temperature of the surface to be coated between 40 and 120 degrees F. 33 3. Shield specified surfaces to avoid exposure of direct sunlight or other intense heat 34 source. 35 a. Where varying surface temperatures do exist, coating installation should be 36 scheduled when the temperature is falling versus rising. 37 B. Surface Preparation 38 1. Remove oils, grease, incompatible existing coatings, waxes, form release, curing 39 compounds, efflorescence, sealers, salts or other contaminants which may affect the 40 performance and adhesion of the coating to the substrate. 33 39 60 - 5 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 5 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 2. Remove concrete and/or mortar damaged by corrosion, chemical attack or other 2 means of degradation so that only sound substrate remains. 3 3. Surface preparation method, or combination of methods, that may be used include 4 high pressure water cleaning, high pressure water jetting, abrasive blasting, 5 shotblasting, grinding, scarifying, detergent water cleaning, hot water blasting and 6 others as described in SSPC SP 13/NACE No. 6. 7 4. All methods used shall be performed in a manner that provides a uniform, sound, 8 clean, neutralized, surface suitable for the specified coating product. 9 0.Q INSTALLATION 10 A. General 11 1. Perform coating after the sewer line replacement/repairs, grade adjustments and 12 grouting are complete. 13 2. Perform application procedures per recommendations of the coating product 14 manufacturer, including environmental controls, product handling, mixing and 15 application. 16 B. Temperature 17 1. Only perform application if surface temperature is between 40 and 120 degrees F. 18 2. Make no application if freezing is expected to occur inside the manhole within 24 19 hours after application. 20 C. Coating 21 1. Spray apply per manufacturer’s recommendation at a minimum film thickness of 22 125 mils. 23 2. Apply coating from bottom of manhole frame to the bench/trough, including the 24 bench/trough. 25 3. After walls are coated, remove bench covers and spray bench/trough to at least the 26 same thickness as the walls. 27 4. Apply any topcoat or additional coats within the product’s recoat window. 28 a. Additional surface preparation is required if the recoat window is exceeded. 29 5. Allow a minimum of 3 hours of cure time or be set hard to touch before reactivating 30 flow. 31 0.6 PE3AIP 7 PESTOPATION 5NOT USEFB 32 0.4 PE-INSTALLATION 5NOT USEFB 33 0.8 VIELF 5OP B SITE ] UALITY CONTPOL 34 A. Each structure will be visually inspected by the City the same day following the 35 application. 36 B. The inspector will check for deficiencies, pinholes and thin spots. 37 C. If leaks are detected they will be chipped back, plugged and coated immediately with 38 protective epoxy resin coating. 39 1. Make repair 24 hours after leak detection. 33 39 60 - 6 EPOXY LINERS FOR SANITARY SEWER STRUCTURES Page 6 of 6 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103612 Revised December 20, 2012 1 0.9 SYSTEM STAPTU3 5NOT USEFB 2 0.2 AFJUSTING 5NOT USEFB 3 0.R1 CLEANING 5NOT USEFB 4 0.RR CLOSEOUT ACTI[ ITIES 5 A. Upon final completion of the work, the manufacturer will provide a written certification 6 of proper application to the City. 7 B. The certification will confirm that the deficient areas were repaired in accordance with 8 the procedure set forth in this Specification. 9 0.RD 3POTECTION 5NOT USEFB 10 0.R0 MAINTENANCE 5NOT USEFB 11 0.RQ ATTACHMENTS 5NOT USEFB 12 ENF OV SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 8/16/17 C. 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Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Updated: 03/19/2021 * From Original Standard Products List Approval Spec No.Classsification Manufacturer Model No.National Spec Size Storm Sewer - Inlet & Structures 33-05-13 (Rev 10/13/2021) 10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x3-405-PRECAST**ASTM C913 10' X 3' 10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x3-406-PRECAST**ASTM C913 10' X 3' 10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x4 5-407-PRECAST**ASTM C913 10' X 4 5' 10/08/20 33 49 20 Curb Inlets Forterrra FRT-10x4 5-420-PRECAST**ASTM C913 10' X 4 5' 10/08/20 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-TOP ASTM C913 4' X 4' 10/08/20 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-BASE ASTM C913 4' X 4' 10/08/20 33 39 20 Manhole Forterrra FRT-5X5-410-PRECAST-TOP ASTM C913 5' X 5' 10/08/20 33 39 20 Manhole Forterrra FRT-5X5-410-PRECAST-BASE ASTM C913 5' X 5' 10/08/20 33 39 20 Manhole Forterrra FRT-6X6-411-PRECAST-TOP ASTM C913 6' X 6' 10/08/20 33 39 20 Manhole Forterrra FRT-6X6-411-PRECAST-BASE ASTM C913 6' X 6' 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-10X3-405-PRECAST INLET**ASTM 615 10' X 3' 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-15X3-405-PRECAST INLET**ASTM 615 15' x 3' 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-20X3-405-PRECAST INLET**ASTM 615 20' x 3' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP ASTM 615 4' X 4' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST BASE ASTM 615 4' X 4' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER ASTM 615 4' X 4' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP ASTM 615 5' X 5' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE ASTM 615 5' X 5' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER ASTM 615 5' X 5' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST TOP ASTM 615 6' X 6' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST BASE ASTM 615 6' X 6' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER ASTM 615 6' X 6' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST TOP ASTM 615 7' X 7' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE ASTM 615 7' X 7' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER ASTM 615 7' X 7' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST TOP ASTM 615 8' X 8' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST BASE ASTM 615 8' X 8' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER ASTM 615 8' X 8' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET ASTM 615 4' X 4' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET ASTM 615 5' X 5' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET ASTM 615 6' X 6' CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST PAGE 2 OF 3 **Note: Pre-cast inlets are appoved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to required to be cast in-place. No exceptions to this requirement shall be allowed. Updated: 10/13/21 * From Original Standard Products List Approval Spec No.Classsification Manufacturer Model No.National Spec Size Storm Sewer - Pipes 33-05-13 (Rev 03/19/21) 4/9/2021 33 41 13 Storm Drain Pipes Advanced Drainage Systems, Inc (ADS)ADS HP Storm Polypropylene (PP) Pipe ASTM F2881 & AASHTO M330 12" - 60" CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST PAGE 3 OF 3 Updated: 04/14/21