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Contract 57124-PM1
CSC No. 57124-PM1 FoRTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WA TER, SE WER, PA VING, DRAINA GE & STREE T LIGHT IMPROVEMENTS TO SERVE PALMILLA SPRINGS PHASE - 6A City Project No. 103613 File No. W-2797, X-27061 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Director William M. Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth . ^At, fe— tnp ,OIF TE�A�ttt� 7 f 2021 teague nail & perkins $237 N. Riverside Drive, Suite 100 Fad Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions nno i�3 invitation t Bidders Last Revised 03,L20,12020 1002113 13 ras«,.aet rs t Bidders Bid Form 03 i 40 04/02/2014 00 41 00 00 42 43 Proposal Form Unit Price 05/22/2019 nn�T Bidders Pr-eq talif;,.., iea's Prequalification Statement 04/02,12014 09/01/2015 0045 12 004526 Contractor Compliance Workers' Compensation 04/02/2014 09Q1/2018 with nli".nty Bacines 80--45--49 00 52 43 Agreement 06/16/2016 00 61 25 00�3 Certificate of Insurance no-f ..m afiee BE)a 07/01/2011 0 i�12 14 Bond Maintenance Bond 0IT3T20I2 01/31/2012 vv-o�rTPayment 00 62 19 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 n-no Preconstruction Meeting 08/30/2013 01 32 33 Pr-ele.,t Meetings Preconstruction Video 07i0T 08/30/2013 01 3300 Submittals 08/30/2013 9135 13 Special Project D,-,...0.7ures nQi�14 01 1.,c 2? Testing and Ir�p.,eeti Se n3 20�12020� , 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 6000 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 94�A-A9 Mobilization liz do an n � .��il1�a � , 90i n 04�107T 017123 � C rst.., et a�Ictcclring . �T 04 07,Q0i n 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WOR PALMILLA SPRINGS PHASE 6A CITYPROJECT NO. 103613 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified 0241 13 1 Selective Site Demolition 01/03/2014 Division 33 - Utilities 33 39 60 1 Epoxy Liners for Sanitary Sewer Structures 08/16/2017 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti)://fortworthtexas.Lov/tDw/contractors/ or https:Happs.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 02 � 1 1 � T 44 4y D om..v.,1 / A 1..,n,l..r..v en 1 2/7zzr20QOI-2 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 0334 13 Controlled Low Strength Material (CLSM) Tiiatefia fo-T,-o,,e Do, ' !-'..,+erete 12/20/2012 03� 03 80 00 Base Modifications to Existing Concrete Structures i2/20QOz 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 117/7 2605 10 26 05 33 Demolition for- Eleetr-ieaSystems Raceways and Boxes for Electrical Systems z 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi -Duct Conduit 02/26/2016 Division 31 - Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 12/7zzrrOQ012 343600 31 37 00 �. s Riprap 12/20/2012 Division 32 - Exterior Improveme7�nts 32 01 29 Concrete Paving Repair 12/20/2012 CITY OF FORT WOR PALMILLA SPRINGS PHASE 6A CITYPROJECT NO. 103613 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1123 Flexible Base Courses 12/20/2012 3221 1129 Lime Treated Base Courses 12/20/2012 1133 2'T�T Com epA Treated Base !-ou- Ct.,l. 12/20,9012 32 1216 '27�3 Liquid Treated Sol Asphalt Paving It 08/2-5 12/20/2012 32 13 13 Asphalt Pa,y ng G -aek Sealants Concrete Paving 12/20/2012 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 Z7�v Bf iclz TT it Rrrirlg 12/20/2 � 32 1613 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 1725 Curb Address Painting 11/04/2013 32 ✓ 13 27�o Chain Ro, ees and Gates Q/TL,-2019012 12/zzr20v ��9AE1��'�07/aneS 323129 Wire Fences and Gates 2012 17/7l1 of 32 32 13 �� .,� �., C n�� + �T1�.1< Ii� � �JrJO %et0 �C�I'r11r1g�all6 06/05Q018 o�v 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 3292 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 3303 110 %,pwaL Purf*,..,sg f&Eistirg Sewer- S yste i2Q0Q0i2 22�11 23 04 Q C,,,-.-esion Ce t of Tort Stations Magn�lum Anode C tl,, die Proteetio Systeffl Q/2z 12/�12 33 04-30 TomporaryVA4e,. eo...,;ee 07/n�11 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 12/7rc0000i2 3Z�0Auger-=g 32�T Turx~.�o1 Lrn e 1 /�Q 22�z 330523 Steel Caging Pipe Hand Tunneling 1 2 /�12 i2Q0Q0i2 33 0524 IkV�-e�! W,�•,a of Caf-ie - Pipe i C.,s;,-.g E)F T-ti ne T ; f Plate 06/1�3 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 CITY OF FORT WOR PALMILLA SPRINGS PHASE 6A CITYPROJECT NO. 103613 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 V V�7 veto ?loavu» � D' Zoo, Bar- xxl,-appe.l Stool Cylinder- - Type 12/20/201 �2 1 1 1. Buf e,l Ste r �1 � n I�. and �1tt✓sgs 1� /20190 � �� 33 1210 Water Services 1-inch to 2-inch r 02/14/2017 12/7 33 1211 33 1220 Vim= . fge Water Metefs Resilient Seated Gate Valve A xx n S i 12/20/2012 1 /1 3 33 1225 e. te,l Butter -fly W Rubber- Val Connection to Existing Water Mains 2 -2 02/06/2013 33 1230 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 1240 Fire Hydrants 01/03/2014 33 1250 VV�o Water Sample Stations St.,„,1.,r 12/20/2012 3,21 31 12 Blew E)gValve Assembly Cure in Dlaee Pipe (CIPP) 06/19,9013 122z V_ V 1 13 Fiberglass Reinforced Pipe for Gravty Sanitary Sewer Q/'1rL 201QW2 V V�5 High Density Del„ethyle„(IDPL) P1j�0 for- Sanitary Sewer �12/70QO12 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 VV V 1 71 Polyvinyl Chloride (PVC) Close.? Profile O-.,,,i Eanhaj EF 12/20/2012 pipe VV 31 77 �z VV�3 Sanitary Se,,, I �� Slid �risi�Ig 1r„1afgeme„t Sewer i2/20,Q017 �� 17/7 33 3150 Sanitary Pipe Sanitary Sewer Service Connections and Service Line z 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 3930 V V�o F-ib2igaWJL 'Manholes Wastewater- n eess Chamber- 1 V /VrtQ0Q0i2 11 /20Q 33 39 60 �✓-�--vv (3ALAC) Epe..., r : e � � G1 �1.:�aa )��'� �eA'l�\'�l'1i� 12/2n9012 rta-zvravzz 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 2 11 11 High Density Polyethylene t C (I-IDP�) Pilo �Stoi�:�I D���I 17/7!1/ Ol �2 VV�z De:„F ,-ee.l Del„etL le„ell MPE) Piro S„1�e 11 /i43Q0i5 n 12/7rcrzvr 33 6-00 33 4601 � ; SlAttLd y [lo:m rizoiTx- 012— 07/01 ,T9011 V2�z ir9iA'�1S D15'�T�, 0�/0 m,-vi,zv/�ni1z 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 ^� 41 10.001 A taeh m€at A C—ea r-tiller- Cabinet 12/1 8QO155 zn 41 10.02 Attachment Co over S„ems eel„ n�2 Controller z� n zn 41 10.03 n tt.,,.t,,,,e„t G Software Speeifieatio.n. 01�2 V AS-41 13• Removing . T.-.,F4:e Signals 1 71 /7�z �/1 ' ' 5 Reetangulay R a Flashing Be.,ee„ 111 1 /'l am 34 41 1 7 �ro F'e-Elc�t 1.r�. L;brirl Signal 1 1 /22 ,� L201 V 34 41 20 Roadway Illumination Assemblies 12/20/2012 Vn nano lr r u15QO c �!�1D Itoar� �� �ar�ir�i�i; n Vn 4120.02 > .ee,. ay LED Roadway r 0 � �ar�ir�i�i; 6/1 5QO15 CITY OF FORT WOR PALMILLA SPRINGS PHASE 6A CITYPROJECT NO. 103613 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 3471 13 Traffic Control 11/22/2013 Appendix GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WOR PALMILLA SPRINGS PHASE 6A CITYPROJECT NO. 103613 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 SECTION A UTILITY, PAVING AND DRAINAGE CONTRACT FORMS 00 42 43 DAP• DID PROPOSAL Pav 100 UNIT PRICE BID SECTION 00 42 A3 Developer Awarded Projects- PROPOSAL FORM Project Item Iml"onnarian Bidder's Application Hidlist hem Specification Unit of Did l7cecripSpecification 5cGiun Wo N4• � Me99ure QYrOrlllly UMIT_L• LER IMP OVL.MFNTSi >aiddees Proposal Gnit Pricc I Sid Vatad [-1 -- 3305.0109 'french Safety 3303 _1_0 - _ - - -- - LF 2262 $0.21 - S475.02 r 2 3311.0W1 DuctJlelronWater Fittings w!Restraint 33111L TON1.7- $12,293.22 -52-0,898,47 3 3311,0261 8" PVC Water Pipe 33_11 Iz-- LF 2262 541.05 $92,8550 Fite Hydrant Assembly 331240 EA 3 $4,672,77 $14,01$_31 __-4-3312.0001 I 5 3312.01_L7 ConnectiontoExistinR4"-12"Water Main #31225 EA 3____ S1,037.58 $3,112.74 6 3312.3003 8" Gate Valve -_ 33 I2 20 _ EA 4 $1,627,72 $6,510.88 1 7 33122003_]" Water Service 33 12 10 EA 64 $1,084.05 $69,379,20 TOTAL UNIT L• WATih IMPRDVEMENt9 _ $207,249.72 I I L NIT"; SAN Y.1�.EWFR IMPROYWINIT$ - 1 1 —_ -- 3301.0002 Past -CCTV Insom on __- 33 01 31 LF 1 1048 - 82.73 32,861.04� I 2 3301.O101 Manhole Vacuum Testing 33 01 30 EA � 98972.00� I 3 - 3305.0109 Trench Safctv 33 05 10 - _ LP- -- 1048 $I,$3 S1977.84 1 4 3331.3101 4" Sewer Service J 3331 50 -- EA _- • 64 $938.75 $d3/i80.00 -- 1 5 3131.4115 S" Sewer P� 33_I l 10, 33 31 12, 33 3l 20 LF_-_ 1018 $43,96: $4051.281 I 6 3331,4116 8" Scwcr Pipe. CSS Sackfill __ 33 It 10, 33 3112. 33 31 20 LF 30 $91.06 $2,731.80 1 7 3339 1001 4' Manhole 3339 10,33 39 20 FA 9 S3,221.21 $28,990.84 8 _ 3339 1003 4' Extra Depth Manhole 33 39 10. 33 39 20 - VF 30 S 161.07 $4,632.10 I 9 9999.WW2- Connect toEN15tinit9ewct W0060 CA 2_ -_ 8743.13 S[,A86.26 _ t at. UNIT 11, fiANITARY SEWER IMPROVEMe-0 $151,823.211 Cr7Y OF FORT WORTH STANDARD CONSTRUCT16N SPECIFICATION DOCUMENTS • DEVE44PER AWARDED PROJECTS Fam%VersianScpkmber1.31115 004247 &dPrepouLDnP,x1r 0142 4-, UAP - WD PlMMSAI. SECTION 00 42 43 Developer Awarded projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project ]tan GolbnuntLon W&I's Piapnsnl Sidliel 11mm No. Dascripnon I SPeeifseution Secriohl No. Unit ofd k MC#Strro I Quatmty Unit Price 1 Did Vu1ae UNIT III: DRAINAGE IMPRQVFMENT$ 1 — -- '3305.0109 Trench Safety — 33 OS 10 LF 104 S0.90, S93.601 2 3341.0201 21"RCP, Class I11 3341 10 LF 60 $75,90 $4,73+1.00 3 --- 3341,0205 24" RCP, Class I11 ---- 33 41 14 - LF 6 $] 17.94 �707.b4 4 3341,03C9 36" RCP, Class 111 33 41-1.0- LF 38 S133.90 $5,088.20 S 3349.504I 14' Curb inlet 334920 — EA 4 $7,236.00 S28,944,00 6 3349.5002 15' Curb Inlet 33 49 20 EA 1 $7 938,00 $9 938.00 7 3349, 5a03 20' Curb Inlet 33 49 20 EA 1 $11.664.00 Si 1,664.001 SAL UNIT i11: DRAINA.0E IAIIPR0Vr1 1E1dT8 __ $59,1%44I - UNIT IV: PAVING IMPROVEMENTS — - 1 32I10404 HydrrtedLlme 32 11 29 TON 12$ $I71.12 321,390,401 2 32110502 6 Lima Treatment(301b1S1__- 32 1129 5Y 8314 $3.78 523,112.92 1 3 3213 O I01. 6' Conc Pvmt 32 1313 SY 1 7558 $38.32 $289,622.56 1 _4 — 3213,0301 4" Cone Sidewalk 32 1320 _SF 1687 $6.60 S11,134.20 1 5 3213.0501 Barrier Free Ramp, pe R-1 32 13 200 —_ EA 1 S1,897,29 $1,897.29 6 3213.0306 Barrier Free Ramp, ype 15-1 32 13 20 -- EA 3 $1,897.29 S5,691.87 7 3213 6504 Barrier Free hemp, Tine M-2 32 13 20 _ EA ] $1,897.29 $1,897,29 8 9999,an03 Connect to Existing; & Removal of Harriers 00 00 00 LS 3 $658.76 $1,976,21 9 9999.0004 Pavement Markings! SignaRe 00 00 00 _ _ _ — ].5 1 I $2,950.00 $2,950.00 1 10 9999.0005 End of Road Barricade and Header 00 00 00_ EA l I $1,207.44 $1,207.441 UNIT IV*. PAVING IMPIRWEMENTSI $360ja79,$5 CITY OF FORT WORTH SYANDARD CONSTRUCTI ON SPECIFICATION DOCUMENTS - DEV ELplrlilt A WAIRML) PROJECTS Famt Vm an ggwnlwr I, 1015 Iln 42 4]_f1id ftp.( DAP..d, Im 4143 DAP - MD PROPOSAL Pays 3 nr3 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL. FORM UNIT PRICE BID Bidder's Application $ojact Item httorozoliau Bidder's Ampmal Bidliat Rent Unit of Bid Na. bcseriptlon-Spe6hution Sceoun No. Unit N icc Bid Value Measure Qttanttty Bid Summaq UNIT I: WATER IMPROVEMENTS $207,249,72 UNIT IL SANITARY SEWER IMPROVEMENTS _ $-51,g2,3,21 UNIT III: DRAINAGE IMPROVEMENTS �.�.T $59,169.44 UNIT IVY PAVING IMPROVEMENTS $364,879 ,85, Tatnl C:coatruct6m Bidl $179,122.221 Cotxirattor aYrcm to complete %VOR ( for FINAL ACCEPTANCE within I45 working days utter the date when the CONTRACT cusumenees to run as provided in the General Condidom. END (IF SF.CTIO.N CITY OF FORT WORTH STANDARD CONSTRUCTICV SPKIFLCATIO14 DOCUMENTS - DEVELOPER AWARDED PROJECrS Yom Versiois94pCembcr I. 2015 0042 i3 BidFtepmaLDAP..du 0045 12 DAP PREQUALFFICATION STATEMENT Page I oft SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed, In the "Maior Work TVDe" box urovide the complete maior work tvnc and actual descrintion as arovided by the Water Oeuartment for water and sewer and TPW for pavinc. Major Work Type Watcr Distribution, Development, 24-inches and smaller Sewcr Collection System, Development, 8-inches and smaller Concrete Paving Construction/Rcconstruclion (15,000 square yards and GREATER) Contractor/Subcontractor Company Name L.H. Lacy Company, Ltd L.H. Lacy Company, Ltd L.H. Lacy Company, Ltd Prequalif cation Exi iration Date The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: L.H. Lacy Company, Ltd, 1880 Crown Road Dallas, TX 75234 TITLE; DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREgIJAUFICATION STATEMENT- DEVELOPER AWAROED PROJECTS Form Verslen September 1, 2015 � gnature} CO45 12_Prequallikatlan Statement 2015,DAP.daex 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 00 45 2G - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Tcxas Labor Code Section 406,096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its ernployces employed on City Project No. 103613, Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with Worker's compensation coverage, CONTRACTOR: L.H. Lacv Comnanv. Ltd By: 1,J C— .-J4.. Company (Pl ace Print) 1890 Crown Road Signature: Address �j 1 Dallas. Texas 75234 Title: [ 5'; r,4 City/State/zip (Please Print) - THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared f e>u On.6'ci'st-r , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the salve as the act and deed of L.H. Lacv Comaanv. Ltd. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � � day of DAWNS MICHMLE LOFUWD ;A; My Notary ID # 11380310 9,7 G4 ExMres August 8, 2022 otary Public in and for the tate of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rovised April 2, 2014 PALUALA SPRINGS PIJASF. 6.4 CITY P1?0JECTNn, 10.3613 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 1 t 61' ?- is made by and between the Developer, 4 (H.MH Palmilla Springs Development, lac, , authorized to do business in Texas ("Developer"), 5 and L.H. Lacv Comnanv. Ltd. authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows- 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 1 I Project identified herein. 12 Article 2. PROJECT 13 Tile project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water, Sewer. Pavfne. Dreeinave cue Street V61Inwrovements to Palmilla Svriftv.s Phase 6A 16 City Proiecl No. 103613 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 145 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 27 28 29 34 31 32 33 34 35 36 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final fetter of Acceptance. CITY OF FORT WORTH Pil LARLbi SPRINGS PHASB 6A STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS—DEVELOPER AWARDED PROJECTS CITY PROJECTNo.10613 Revised Jane 16, 2016 40 52 43 - 2 Developer Awarded Project Agrecnient Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Develnper agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of even Hundred Seventy -Nine Thousand. One Hundred 40 Twenty -Two Dollars and Twenty -Two Cents ($779.122.22). 41 Article 5. CONTRACT DOCUMENTS 43 A. The Contract Docurnents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following, 45 L This Agreement. 46 2. Attachments to this Agreement, 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequatification Statement 50 3) State and Federal documents (projectspecijic) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects, 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings, 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders, 71 c. Change Orders. 72 d. Letter of:Final Acceptance. 73 74 CITY OF FORT WORTH P4L,VILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -- DEVELOPER AWARDED PROJECTS CITYPROJl:CPNu. 103613 Revised June 16, 2016 005243-3 DeveloperAlvarded Pfojecl Agrunicni Page 3 o[`4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees so under this contract. This indemnification provision is sneciflcaliv intended to overate 81 and be effective even if it is alleged or proven that _all -or some of the damages being 82 sought were caused. in whole or In -part. by anv act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to he performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to onerate and be effective even -if- it is allep-ed or 93 proven that all or some of the dame es being sou h#_were caused, in whole or in part. 94 bv_anv act. omission or ne hence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract, tot This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 T3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability, Jos Any provision or part of the Contract ,Documents held to be uncaxistitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue, 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH P 1,11111 Lee SPRINGS PIMSC.• 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CITYPNOJECr No. 103613 Revised June 16, 24t6 005243-4 Developer Awarded Project Agreement Page 4 of 4 116 117 7.6 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 122 counterparts. I23 124 This Agreement is effective as of the last date signed by the Pailies ("Effective Date"). 125 126 Contractor: Developer: L_H. Lacr Company, Lid � HMHPalrrlilla Springs Development, kc. By: BY: (Sign ure) ature) — (Prl ted Name) Title. pl'C_-. 5".LL 4 Company Name: L.H, Lacy Company, Ltd. Address: 1880 Crown Road City/State/Zip: Dallas, TX 75234 Date (Prilited Name) Title: 0 . Company name: HMHPahnilla Springs Development, In.c. Address: 1038 Texan Trail City/state/Zip: CirapevilreMxas/75051 i I 19 i ;)-aDate CITY OF FORT WORTH P,4LI flLLA SPRINGS PHASE GA STANDARD CONSTRUCTION SPECIr[CATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT Nu. 103613 Revisad dune I6,20I6 0062 19 - 1 MAINTENANCE BOND Pape 1 of 3 Bond No. 3917164 1 SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS; 6 COUNTY OF TARRANT § 7 That we L.H. Lacv Comnanv,_Ltd. known as "Principal" herein and 8 Great American Insurance Company , a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, HMH Palmilla Springs Development, I 1 Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the sum of Seven Hundred Seventy -Nine Thousand. One 13 Hundred Twentv-Two Dollars and Twenty -Two Cents ($779.122.22), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 15 and truly be made jointly unto the Developer and the City as dual obligees and their successors, 16 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 17 severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 21-0159 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 1 B0- day of _ 3 AAoAR,t , 241Z, which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish al 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Water. Sewer. Paving, Drainaue 28 & Street Liaht Iinnrovements to Serve Palmilla Surines Phase GA; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH PALMILLA SPRINGS P111ASE 6A STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 103613 Revised January 31.2012 0062 19-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to S remain in full force and effect. YJ 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 1s 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH A41 AULLA SPRINGS P1fAS1;' 64 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 1 ff PRrh1P ('T Nr.. 1R3613 Revised January 31.2012 0062 19-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duty authorized agents and officers on this the i_ 4 day of ak 3 + 2U 2 L 4 5 PRINCIPAL:Cam a 6 L.H. LaovLtd 7 9 BY: 14 Signa e I A EST: 12 f 13 '' 14 (Principal) Secretary Name Ad Title 15 16 Address: 1890 Crown Road, Suite 1200 17 Dallas, Texas 75234 18 -- 19 _ _ -- 20 Witness as to Principal 21 SURETY: 22 Great American Insurance Company 23 24 - - 25 BY: 26 Signature 27 28 Rita G. Gulizo, Attorney -In -Fact 29 ATTEST: Name and Title - 30 31 avlAddress: 301 E. Fourth Street 32 (Surety) Al Johnson, Witness Cincinnati, OH 45202 33 34 35 Witness as to Surety Ginger Thomas Telephone Number: (513) 369-5000 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH PRLMILLA SPRIM SPFIASE 6A STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECTNa. 103613 Revised January 31, 2012 GREAT AMERiCAN INSURANCE COMPANY@ Administrative Office: 301 E 4TH STREET * CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723.2740 The number of persons authorized by this power of altormey is not more than THREE POWER OF ATTORNEY No.0 19984 KNOW ALL MEN HY THESE PRESENT'S: That the 611FATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of llte laws of the Slate of Ohio, doe: hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -tact, for it and in its naine, place and steed to execute on behalf of the said Company, as surely, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under ibis authority shall not exceed the limit slated below, Name RITA G. GULIZO SUSAN D. ZAPALOWSKI DAVID T. MICLETTE Address ALL OF NEW ORLEANS, LOUISIANA Limit of I'owor ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above, IN WITNBSS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers. and its corporate seal hereunto affixed this 13TH day of APRIL , 2020 Attest GRF.ATAMFRICAN INSU ANCECOMPAN .tasfaaxrf Secrrfa+)' ❑ivrxior�af Senir�� �;� Prrald4'frf STATE OF 01110, COUNTY OF HAMILTON - ss: MARK VICARio t87?-377-240s1 On this 13TH day of APRIL 2020 , harore me personally appeared MARK VICARIO, tame known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division or Great American Insurance Company, the Company dmoribed in and which executed the above instrument; that he knows the seal of the said O npany; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of kris omec under the By -Laws of said Company, and that he signed his name thereto by like authority. �{ SUSAN A KOHORST a� Notary Public s State of Ohio °+ My Comm. Expires May 18, 2025 This Power of Altomey is gr:mtcd by authority of the fol lowing resolutions uduptct! by the Roord of Dircctors of Great American hrsuranec Company by unanimous written consent dated June 9, 2008, RESOLVED: Thal the Divi.sinnal President, the several Divisional Seufor Vice Ftrsldesrs, Dlvistonal Vrce Pmvidears and Divisonaf Assistant lgce Presideurs, Or' any one ol'lhem, he and hetx'by is authorized, frlom 6ine to lime, to appolut one or more AltOrvteys-ire-Fact to tarrttle on behurf gj'the Company, as sutrtjt arty and all bonds, trader Takings and cwrrr•ac is ofmretyvhip, or•Other written abligations In the nahrrle lhert,,wj,' to Prescribe their respee-five duties and the wspeelive limits ril'fheir authority and to netmke eery .retch rrppointineru at any thee. RFSCILVF-D FURT11ER: Thar the Company seal rend the ,signafure of any of the r fOrlrsaid q#icer•s and any Secirtary or Asvistator Seculars of the L'amprlrty relay he r{�aed hyjacsifuire f0 attvpnu�er 4fdrlorYrty or cerrl�care of rtHrergit�eu far• the exrculiort of mry hand, rrtrderlrrkirrg, corHttzct nfsrtrt{ljtship, or 011ser u-r'ilien obilgarinu in the nawre thereaj: such sigrratarr and .seal when so used being hetrby adopted by the Company as the original signature. Of such vffircer• (r+rd lire orightal seal ofthe Compant; to he mIldondhfrrdklg upon the Company tt'ith file sarneJorre and effect as though manually tf1rved, CERTIFICATION I, STEPHEN C. FIRRAHA, Assistant Secretury of Great American Insurance Company, do hereby Certify tllal lite foregoing Power of Attorney and the Resolutions of the Board of f)iroaors of June 9, 2008 have not been revoked and ore now in fall force and effect. Signed and scaled this day of I , 4t'. e. :3 ? •f 7t� Aryistmrrf sivit-fury S1029AH (0N201 Great American Insurance Company of New York GREATAINERICAN. Great American Alliance Insurance Company INSURANCE GROUP Great American Insurance Company IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, tights or complaints at: 1.800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1 007 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American Insurance Company Claim office by: Fax: 1-888-290-3706 Telephone: 1-513-369-5091 Email: bondclaims ftaic:.com PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company fiat, If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a pail or condition of the attached document. r,9667A (10116) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT - FORM A This endorsement modifies insurance provided underthe following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20675291301 Policy Expiration Date 02/01/2023 Named Insured L. H. LACY COMPANY, LTD. Agency Number 0765330 Date 02/01/2022 Agency BOWEN MICLETTE & BRITT LLC Policy Effective Date 02/01/2022 Account Number 20017633 Issuing Company AMERISURE INSURANCE COMPANY 1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contractor written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 8510 15 Pages 1 of 3 Policy Number: CPP20675291301 Effective Date: 02/01/2022 - 02/01/2023 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured —Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contractor written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 Policy Number: CPP20675291301 Effective Date: 02/01/2022 - 02/01/2023 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the fallowing: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" forthat insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 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 provided underthe following. - COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number CPP20675291301 Policy Expiration Date 02/01/2023 Named Insured L. H. LACY COMPANY, LTD. Agency Number 0765330 Date 02/01/2022 Agency BOWEN MICLETTE & BRITT LLC Policy Effective Date 02/01/2022 Account Number 20017633 Issuing Company AMERISURE INSURANCE COMPANY 1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business. b. The written contractor written agreement must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: (a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (otherthan service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. Includes copyrighted material of Insurance Services Office, Inc. CG 70 8510 15 Pages 1 of 3 Policy Number: CPP20675291301 Effective Date: 02/01/2022 - 02/01/2023 (3) Completed operations coverage, but only if: (a) The written contract or written agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract or written agreement: (1) Requires "arising out of language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 371001; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. If the written contract or written agreement requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured —Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13; or (2) Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured — Owners, Lessees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured —Owners, Lessees or Contractors —Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contractor written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; or (3) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. g. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 3 CG 70 85 10 15 Policy Number: CPP20675291301 Effective Date: 02/01/2022 - 02/01/2023 (d) Reports; (e) Surveys; (f) Change orders; (g) Design specifications; and (2) Supervisory, inspection, or engineering services. h. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is deleted and replaced with the fallowing: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract or written agreement requires primary and non-contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract or written agreement as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 85 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 10 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket where required by written contract or written agreement that the terms of CG 20 10 11 85 apply. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" forthat insured by or for you. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. CG 70 8510 15 Pages 3 of 3 SECTION B STREET LIGHT CONTRACT FORMS OD J2 0 DAp.910PROPOSAL P-EC 3 of 3 SECTION 00 42 43 Developer Awarded PrOjeCIS - PROPOSAL FORM UNIT PRICE BID Bldliat Item) No. f �tiscription 1 1 1 2605.3013 7" CONDT PVC SCH $0 (T) 2 3441.1502 Ground SDx Type B. w1Apro>1_ 3 3441,3002 Rdwy lllum Assembly TY 1 4 3441.3301 Rdwj+ Mum Foundation TY 1 5 9999,0007 010 kHHW Bidder's Application Project lleni Infamrnllon Unit of Bid $pecifieatipn SectionNo. I Maarmc I Quantity T__L,,H�INl3 iMPROVEM. 26 5 3 LF 205 34 41 10 EA 10 344120 EA 10 _ 34 41 20 FA 10 00 00 00 LF h l 3 TO.iAL UNIT V: STREET LIGHTItG _ MENTS Sid Summary_ _ UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT V1: TRAPFIC SIGNAL IMPROVEMENTS JJI� Total Construction Sid, Bidder's Prolio5al Unit Price I Bid Value $21.00 1 $4,305 001 $1.00 31004 S201.00 $26.510.00 S1.835.00 $18.350.00 $1,46 s897.90 $50,072.90 $SO,u72.8D $50,072.90 Contractor agrees to compicie WORK for FINAL ACCEPTANCE within 11) working Jaya nftcr the date when the CONTRACT commcnccr to run 85 Provided in the General Conditions. S ii d by: "C. Richard Wolfe END OF SECTION President 01/12/2022 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS. DEVELOPER AWARDED PROJECTS Fb—V—Sepl mbar 1.2011 004243_91dPmpawl DAP-Indtptndthl.klr 00 45 12 DAP PPEQVALIFICATION $TATEMFNT Page I Df 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvne" box provide the complete maior work tvve and actual description as provided by the Water Department for water and sewer and TPW for having. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian Independent Utility Construction, Inc, Lighting 0310112023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed, BIDDER: Independent Utility Construction, Inc. 5109 Sun Valley Drive Fort Worth, TX 76119 BY., and Wolfe C ature) TITLE. President DATE: 01/12/2022 END OF SECTION CITY OF FORTwORTm STANDARD CONSTRUCTION PREC!LIALIFiCATIONSTATEMENT—DEVELOPERAWARDEDPROJECTS 00 45 1Z_Pt*gd2lifiCati6rStatement2D15„DAP,da[K Form Verslan September 1, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKEKS COMPENSATION LAW Pase I of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103613. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR; Independent Utility Construction. Inc Company 1980 Crown Road Address Dallas. Texas 75234 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Richard Wolfe (Please Print) Signature: Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose flame is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utility Construction, Inc for the purposes and consideration therein expressed and in the capacity therein stated. YK GIYEN DER MY HAND A�AL OF OFFICE this day of 2 _ A.PV ' CHRISTINA GARCIA ' •r 3f s Notary Public, State of Texas y:ti rgti Comm. Expires 12.20-2024 Notar Public in and for the State of Texas p y Notary ID 130940785 END OF SECTION C= OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 PALMILL4 SPRINGS PHASE 6A CITY PROJECT No. 103613 2 SECTION 00 52 43 AGREEMENT 00 52 43 - 1 Developer Awarded Project Agreement Page I of 3 THIS AGREEMENT, authorized on 1/12/2022 is made by and between the Developer, 4 (HMH Palmilla Springs Development, Inc.), authorized to do business in Texas ("Developer"), 5 and Indeoendent Utility Construction. Inc. authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK; 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 1 I Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water. Sewer. Pavinz. Drainaee & StreetLieht 1mvrovements 10 Palmilla Shrines Phase 6A 16 City Proiect No, 103613 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within $0 working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects, The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Two Hundred Fortv Dollars ($240.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH PAUfILL4 SPRINGS PH,4SE 64 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITYPROJECTNo. 103613 Revised June 18, 2M 005243.2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Fifty Thousand. Seventy -Two Dollars and Ninety 40 Cents ($ 50.072.90). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the fallowing: 45 1. This Agreement, 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalif:cation Statement 3) State and Federal documents (project specific) b. Insurance ACORD Forms) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. S. Documentation submitted by Contractor prior to Notice of Award, 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH PALMILLA SPRINGS PH,4SE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 103613 Revised dune 16, 2016 005243.3 Developer Awarded I'miect Agreement Page 3 of 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 8o under this contract. This indemnification provision is specifically intended to overate 81 and be effective even if it is alleged or proven that all or some of the damages bein>J 82 sought were caused. in whole or in part. by anv act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, Its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to he performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to overate and be effective even if it is alleged or 93 nroven that all or some of the damages being sought were caused, in whole or in part. 94 by anv act, omission or ne lei ence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms, 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 73 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and III CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH PAL ABLL4SPRINGS PfMSE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS CITYPROJECTNo. 103613 Revised June 16, 2016 005243-4 Dcveloper Awwdcd Project Agreement Page 4 of 4 116 117 7,5 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS 'WHEREOF, Developer and Contractor have executed this Agreement in multiple 122 counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties ("Effective Date"), 125 Contractor: Developer: Independent Utility Construction, Inc ---HMHPalmilla Sprinzs Development, Inc. By: le13 : (signature){'i re) Richard Wolfe (Printed Name) Title: President Company Name: Independent Utility Construction, Inc, Address: 5109 Sun Valley Drive City/State/Zip; Forth Worth, TX 76119 I{ I�ZZ- Date 126 }>>5141I1+oaraafff A S t 517.� : 3 n� tiww r r Zo r 1! *' *• J Q F 9 prr- 1 y�. (Printed Name) Title: 0 , r () Company name: HMH Palmilla Springs Development, Inc. Address: 1038 Texan Trail City/State/zip: GrapevinelTexas176051 I/)'71Z'Z Date CITY OF FORT WORTH PALMILLI SPRINGS PHASE6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITYPROJECTNa, 103613 Revised June 16, 2016 0062 19- 1 MAINTENANCI, BOND l'upc 1 of 3 Bond No. 170884R I SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARIZANT § 7 8 That we Independent Utilitv Construction. Inc. , known as "Principal" herein and 9 Westfield Insurance COmDanv , a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 1 I are held and firmly bound unto the Developer, HMH Palmilla Sorinus Development. Inc., 12 authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 13 corporation ("City"), in the sum of Fiftv Thousand. Seventy -Two Dollars & Ninety Cents 14 ($50,072,90) lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, 15 for payment of which sum well and truly be made jointly unto the Developer and the City as dual 16 obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors 17 and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 21-0159 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 12th day of Januar , 702Z which Contract is hereby referred to and 24 a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 25 labor and other accessories as defined by law, in the prosecution of the Work, including any 26 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Street Li2litina Improvements to serve Palmilla 28 Svrin2s Phase GA; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY 01; FORT WORTH Pahnilla Springs Phase 6A STANDARD CITY CONDITIONS — DEVFLOPER AWARDED PROJECTS City Project No 103613 Reviscd January 31, 2012 006219.2 MAIN-1 ENANCL• BONG] Page 2 UI 3 Bond No, 170884R I WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the Condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to die City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect, 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED )FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY Or: FORT WORTH Palmilla Springs Phase 6A STANDARD CITY CONDITIONS — DEVELOPER AWAROW PROJECTS City Prgiect No, 103613 Revised January 31, 2012 4 3 6 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 006219.3 MAINTENANCE BONE? Page 3 ni'3 Bond No. 170884R IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12th day of January , 2022. AT M, I _,J<,� (Prtnclpa Secre ary h c ness as to Principal T ATTEST: (Surety) Secretary Frank A. Carn o 7 Witness ado Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTRlI1: N.INC. BY; Signature Richard Wolfe. President Name and Title Address: 5109 Sun Vallev Drive Fort Worth. Texas 76119 SURETY; WESTFIELL) 1N_Sl TRANCE COMPANY BY: f�ignature Kv1e_W_-vyeenev. Attorney -_in -Fact Name and Title Address: 555 Republic Driye-Suite 450 Plano. Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Palmilla Springs Phase 6A City Project No, 103613 IMPORTANT NOTICE To obtain information or make a complaint: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3697 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionOtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICI= TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja-. Usted puede Ilamar al numbro de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al, 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de `texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-262-3439 Puede escribir al Departamento de Seguros de Texan P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httpJ/www_tdi.state_tx.us E-mail: ConsumerProtectionCcDtdi.state_tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPE:RCEDES ANY PREVIOUS POWER 6EAKINU I 11-1I5 bAME POWER # AND ISSUED PRIOR TO 041`20111, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney POWER NO. 4220052 06 Westfield Insurance Co. Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to in0tvidually as a "Company" and collectively as 'Companies,' duly organized and existing under the laws of the State of Ohio, and having its principal office In Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys) -in -Fact, With full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duty attested by its Secretary, hereby ratifying and confirming all that the said AUorney(s)•in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and 0010 FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute:, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary. - 'Be it Farther ReSolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixeo to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.' (Each adopted at a meeting held on February 8, 2000)- fn Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their senior Executive and their corporate seals to be hereto affixed this 24th day of APRIL A.Q., 2011 . Corporate +•�` ••'" a"'"'""'••ti WESTFIELD INSURANCE COMPANY Seals ��isv>91�(,tr �,••���orsAt yy'• 1%tsu, � "+ fir• �• " -:�� 4-•••••�"!+►, WESTFIELD NATIONAL INSURANCE COMPANY Affixed v= ++�. �'••' ;� {? .�' ,' = `'?' : a '•:'" omo FARMERS INSURANCE COMPANY SEA : m : _� • _ > State of Ohio ""` ""'•••'""' Richard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.'. Senior Executive On this 20th day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Exectitive• Of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies, and that he signed his name thereto by like order, Notarial Seal .""' p t A i_ Affixed P:......•. •`S % William J. Kahelin, A rney at Law, Notary Public State of Ohio w+ o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss %, 1,r' I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are In full force and effect. In Witness Whereof, l have hereunto Set my hand and affixed the seals of said Companies; at Westheid Center, Ohio, this day of C'SUN�(k�� •••' ,,r`dC��S%Rify •- *f•. �i.l,+ 'tom ;' J ri • `` =u SEAL Mo Q' 3 41 .... ....1+••'"•'- ''"'•�,1 fI,IH H*,-,y / I I sectwary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 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 r ACEC ict AMERIC N Coumm of EN INURING COMPANIES 5 K I IL LRYELg' INiEOMITT HE ASCE American Society National Society of of Civil Engineers professional Engineers Professional Engineers in Private Practice 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.or2 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.ora 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.aac.ora 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. 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 Article2 — Preliminary Matters.........................................................................................................................6 2.01 Delivery of Bonds and Evidence of Insurance.............................................................................6 2.02 Copies of Documents...................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed ..............................................................6 2.04 Starting the Work..........................................................................................................................7 2.05 Bofo o Corrobzuotwn........................................................................................................7 2.06—PT@C-6ii s tEN6tion Conferenee; Designation- of-Autloffl:ized Repr000ntaliveo..................................7 2.07 Initial Acceptance of Schedules...................................................................................................7 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent.............................................................................................................................................8 3.0Q Roforjroo F/*arda do.....................................................................................................................4 3.03 Reporting and Resolving Discrepancies......................................................................................9 304 Amending and Supplementing r r4met p,,,.,meinte...................................................................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 Per-f c gent, and OtheF Bo do..................................................................................1 a 5.02 T ioomod S/arotwcu d Lnsuron...................................................................................................16 5.03 Cortifioatio of kxunxioo.............................................................................................................17 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance.......................................................................................................19 5.C5 Pr opoccyIn-,unaroo......................................................................................................................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 c no A,.ceptanee fBonds and Imumnoe; Option t Repla o...........................................................21 5.10 Partial Utilization, Acknowledgment of Property Insurer.........................................................22 Article 6 - Contractor's Responsibilities........................................................................................................22 6.01 papa iiaion and ..............................................................................................22 6-.02 Labau, W ng Houro...............................................................................................................22 6.W; .ioo�, Nlatocialo, and Equip-mont...........................................................................................22 6.01 Progr000 F-Ahodulo.......................................................................................................................23 6.05 Fkabatitutoo and "Or Equalo......................................................................................................... 23 ti 06 C,,,,,.o,-. ing Sube,,,,tractoro, F/appliers and Othe -0 25 6.07 Pat--nt F000 and Ro�,ultioo...........................................................................................................27 6.08 Permits........................................................................................................................................27 6-.09 La•.,. s-and-R ulationo.................................................................................................................24 6.10 Taxes...........................................................................................................................................28 6.11 Uoo of Frt✓and Othor Aroao.......................................................................................................24 5.12 Roco d Documontc.....................................................................................................................2n 5.13 Cafoty and Irctaotwn..................................................................................................................2n 5.11 Safety Ropr000ntctiivo................................................................................................................ 30 5.15 Racard ............................................................................................ 39 6.16 Emergencies................................................................................................................................30 5.17 Swop Dra.,,LrrgcQrd Fnsploo..................................................................................................... 31 6.18 Continuing the Work..................................................................................................................32 6.19 G014,-.,,.tOF'SToro,-A-1147A afityafi GT-Haf „too..........................................................................33 5.29 .indor�xifio-\K,or........................................................................................................................... 33 6.21 Dolegat o fPt:o f ssio al Design se ,;,,Oo..............................................................................311 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 ii 9.02 Visits to Site................................................................................................................................37 9.03 Project Representative................................................................................................................38 9.04 Authorized Variations in Work..................................................................................................38 9.05 Rooting Dofootivo Worl...........................................................................................................3Q 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.✓1 Notifioatianto Fla%,,,ty .................................................................................................................11 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 13.91 Nctwo of Dofoot�i ........................................................................................................................14 13.92 A000no toVlo;k...........................................................................................................................14 13.93 Tooto uxd kn-,pootiono..................................................................................................................19 13.✓1 U.oc»orirg Vlc li.......................................................................................................................19 13.05 Owner May Stop the Work........................................................................................................50 13.06 GA4-:-re .t;Ar no-m- A.,-1 f D 0 f ti ,o A I C d I ................................................................................59 13.97 Corrootixn Poriod........................................................................................................................59 13.9E A000ptsaroo of Dofooti3.,o \ edi..................................................................................................51 13.09 Owner- May GA-4-:eaet roof etiyo A70111.........................................................................................52 Article 14 - Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values.....................................................................................................................52 14.02 Progress Payments......................................................................................................................52 11.93 Con-, otor'o �x'�: �nb, of Titlo...................................................................................................55 14.04 Substantial Completion..............................................................................................................55 11.05 Lh-k-\1 T Uaicatlmn........................................................................................................................56 11.96 k-.,opootion ..........................................................................................................................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 iii 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 Article16 — Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures............................................................................................................61 Article17 — Miscellaneous.............................................................................................................................61 17.01 Giving Alotioo.............................................................................................................................61 17.02 Cm putation of Timoo................................................................................................................62 17.03 Gamulativo Rn~nodioo.................................................................................................................62 17.0,1 S'ar:,iN l of ...............................................................................................................62 17.05 Controlling Law..........................................................................................................................62 17.96 K�cdirgo.....................................................................................................................................62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and 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. cr-Pntmet The eati o anxi integrated . fitte a v v„t L,ohWvo,- tl,o 9,11nor --,.Id cep&aete eeneemirlg t%: Gl'1[. 'T'he op&a^et supersedes ppfioi: negotiations, Feprcseaiutions, —Of agf 0 eats, 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 4-2-. Contraet Doeunients Those items so designated in the Agfvement. Only printed oF h copies of items 1id in tho Agfvement are Contraet DoeumeW.o. Appyaved Shop Drawings other Contra or oubmittals, and the reports and drawings-Pf oubour€aeeanc� 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. 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. 24-. Gener-al Requir-ements Seetio„s of D, vision , of the SpeOific-atiefis. 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. 2 oem ,pleb. dateor- t;,,-,e pr-ioF to Substantial Completion fall the Wofk 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 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 3 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. 44-. &to Land or areas indieated in the Contract Documents s being fumished by OwfleF Upon whieh the Work is to be per -formed, ineluding rights of way and easements for aeeess theFeto, and sReh otheu-la4s—furniohea by OwneF whi-oh a� designated � r the use a€ Co or. q.2-.- rp eon That pert ,f the Contraet Documents consisting .f., FittonFequir-ements fo materials, equipment, systems, standards and ;ATerkma ship as applied to the �x'�n e,W.ain adminiot,.a*ive Fe o ents and proeeduml mattom-applizable *"ere* 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. Wee T o ortiro , „s,,..,etio.,or- the , r;ouo oepa-,aI.;ol;4de*4fxlVo part� r,.o,,,,;,.oa prouidirg al Lab , , furn.�jhirg, installirg, undineerpor g OR n . v,-ials a -a o en4 into suesueh nstr,etio,,, allr-equiFed by the r,,,,4aet D,,,.,,., ents 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 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. The, wo-r defeeti e," `v`dfieu- meth y4ng the woFd "W` fk," r-efeisto—Alcdi that —is 1} act nwot the o„ s of any a .-.liea ,le ; eetio r-efeFenee standa-a test ,- approval of r-re l to ir. f Contract r,,,,.,,,, e ts. 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 E has been damaged pri o Fngi nezeceedatia�l afinal pa; responsibility f r the protection theFehbeon ao:um 9wnn at &abotantial Completion ; aceordanee ,,,ith llarab^mph 11.04 of 14.05* The =word furnish," 7.' 2eHzrscd-zin eonneetioirwithseFvieL s materi-als�r@quipment meano F/dpply and deliver said ser- ices, materials . .. at to the Site (OF soieothe� oeifiea 1ee tion) ,.early for use or installation and in usable or operable „a;t;^„ The ward "inocall," when used in eonneetionwith seo3, matczialo, or equipmatit, shall mean to put into use or plaee in final position said ser-viees, mateFials, oF equipment eomplete and Feady foF intended use. Thewords "peFfefm" ol"prev ," A"en used in eonneetior. with. ooyviees, fnateri-als-, o equipme , o,V.1 me.,,, to f„-,-,;s1, ,,,d imtall ou�a materials, ^ equipmepA eomplet and Feady for- intended use. 4. "fi][M "inJ01,15 ccporFvf ,,"oF ccpFovi o" io 11� , o a , �; . .;tl, ,Y,.,to,ialsor- "'ors* in a so to t `.lea -lam, ,.vquirirg an ^abligation of Contraetor 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 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 A r@071-11t. hi no event will !'' the o tr et Times o ., e �o run later than die sixtieth day ,#o, the day of R; 1 opAning Z tho thirtio day after the Rff etiye Date of the Agreement, ..hieheyer "o is oarlien 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. A-. — '' i. Sehedules.- Within 19 days after -the Eff-ective Date of the Agreement (Lfflless then -wise specified i the Genefal Requirements), Cant actor shall oubmit to Engineer f r time! a prolirr�r�r,. nr^ , c^ho a„lo ;,, a;^ ,�;,, rho ;,ro� �numbor� f daysor- dates- k o'Samrrg and eompleting the ariouo o gem of the xx�ineludirg ary, T A&stenes �;oa ;,, rho dirli l:lYy c Ile &f F/ab:4tta&,-.-vad a-ffolir.-,ifx-.Y.7-, f Values for - Work of the which inelades quant oo anxi pries 0 itoma wri^h when addedtogether oqud t/ Q Contr-a^et Price and subdivides the Work into eoffToaent pafte is Duf cA-e�lr-dccail toss-glze -a the bG1,io f r PFOgFeSSff)'FfleRtS d*riflg per-formanee of �x�r.'ofk.. SuGhpFiee'swill iFrrc�o Lri appropriate afrioutat off ^ e.rhea an refit a p1; ,1.10 to eaneh item fxxT.,,-1 _ Rmm�, •. Before any, 1.47oric- Pit-the�te is stafted, a eenfer-enee atteaa Owtwr� CofAfaetoF, EflgifieeF, and otho.-j as appropnoSo will bo hold to oVabi,U a o-Hdrg underst dirg ani^rg the r.,r"os as to the WOFIK crinrte OUSS the seh awe€efred o in %-,ugmph 2.95.A, p eedufes f r handling Shop J�,wuirgo-- and --e or mbm.4tals, pr-eeessing Applications for- PA�r.wnt, Ix1d maioteinirg roquiFe r ^r& B-. At dhis ^ „ ror^o Owner- and G, ntr-aeter- e ,oh ohD designate l�itirg, a opo^;fi^ ;,,4.idu l to i!xliti e Contmet Sueh indiy;duala ohall .Mve the au4hoFit„ t transmit inst aeti ns r-eeeive infoFmation, 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 7 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. Standards, Speeifieations,-Ge&o, T wuo, Lxi,a Regulations Refer-enee to stardaFds speeificatio, flnu0o, o; seder of any teehnieal seeiet�; orgarii aion, eF iati .,,, oF t Laws or-U e..ulatiom. , sue r-efer-enee be s oeifi . o Dior., olhall -nivar the standard, speeifi oxi, manual, sede, of Laws or- Regulations i-n- P-A-:-P-Ret -;A the time of opening of Bids (or- on the Effeetive Date of the Agreement if there weFe no Bids), exeept as may be other -wise speeif4eally stated in the ConlFaet Doeuments. f avy rush standard, o� rn&nua., 3roode, or L\vy hot.4-detion of Supp6Qr, ohzl bo 2 ff etiye t change the duties oF responsibilities f nw neF, rv,,,,t, aetoF, >~, giaeeF, o any f theiF sube, ntr-actor-s, eo-xullart, agants—,cc on. playees, 4omrthose se f Ah i the Co t,, et D,.,.,,m e ts N s ,e prov„st,. et;Cs'1 olmll'oe off etiye to , te-0-11.wr� EngiM04 o; Qwy-of-�� s;-di>eEter e M-0, po,Mb:ers, emplo,-���, 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 Brb-'Mfs eenmltant , o „1...o t,-ae om- , and, a„h. „�1 h, te�cip�cr"`viS�^vr aiic^c�the per-formanee of the Work oF any du-ty or authority to under -take responsibility ineonsisten with the Favisions f the Contract tract r,,., timents 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). additions,A-. The Coatraet Doeuments may be amended to pr-ovide for deletiOfis, J:�rgo 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 B The requiranan 5 of the C ntra t r,,,,.wne is ma f be supply entea, and minor.,tiens- an deviations in the Work may be authorized, by one or- mom of the following ways: Engine-c-r.'s appr or £ample (subject t the provisionsf Para .,.ap 17D 2)• of Engineer'sorprc-tatian 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 parry. 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 parry shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring parry. C. When transferring documents in electronic media 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 10 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: I. 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 11 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 12 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 13 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-. n.,, ere n a r,u,.,., ga: Tho &applorsontar-y Conditions zden-ti€y these Fepel-ts—and dru irgo y,,.,w,, t nv. eF Felatin . to Ilan -a douo Ervin.,,, e ffta idOfft f;oa the acOUFaGy Of "teehfiiC� &Aa"Eorltainedin such Fepofts a dru irgo, bat e reeA&ara dimuirgo are not Goflt et r,oe,,,,,ort.. Su "techaie-a�-&V' io identified i o Frapplorwrsazy rn--Ao as;� uktirs :gaimt nwne-F eF Engineer-, oF any of fhek e ffi er-s, dire .toFs, ,,,om, poftxom, employees, agents, eonsul+",,+axrres viwith Fespec�t6: -177 thO GOMPIOW—POSS,-.- 1, o As and drawings for- Cofaraotor'o purposes, ineluding, but sat lir:4tod to, any aspeets of *''o nwom, methods, techniques, segeen000 ark prop eenstruetion to be employed by Gentraotor- and safi�� pFeeautions and b a so imaide th OtO for i44 SuGh dre irgo; ar � any Gofi ,.aeto rte ,.etat f elusion drawn �om any teohnical data" or- any sueh otheF data, iaturpro��� . 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 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 15 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. 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 Eentaetor ohzl fumy oh p2r-fonnaaee and r „t bonds, a -a& in an arr.au t .,t least equal t the obligations under the Gentraet Doc eats. These beado ohal ror..,ls, ir. off-eet tm4i! one ye a€teFthe date-*henfill pwvmm.+ bosomes due cc ur.Kl sompletion of the oeffeetion „eoa spec€red in Llx-gmpl: 13.97, whiehevor iok—epother-wiseby Laws atwlxet- Roa by thg C ptr-aet Do e ts Gopt,.ae o oha,L also-fia�1�h cush othe,.bonds as are B-. "ll 1,^ras s any —the eser-ibedbythe Geatraet Dec ents exeopt 0 prated other -wise by Laws or- and o1hall bow exeouted by suesueh sureties as c namod is flhat of ompanl oa M91. ing Cer-ti e tes f Sutlhon� ,° as AeeeptableSuFeties onBonds an as ^ eeeptab n oin urkig Companico" w pul-NI-iihe Feulm 570 (amended) b tll Firine}al Bond Bmnoh� U.E. L� t of the T-Fe ,s,,,.,, All bondssigned authefity4eo bird &.c- sumty. The e „de e f auth;,ri,�--3hall thaw that it , off eti v on the Elate E if the fet„ on any bond f,,., ishea by Co tractor- is devel-,,.od ba= rupt C; b-W o mes ; lye t its r & to '1^ business is to, -„,,in ted ix arry state whem any part of the Pr-oJeet is to ated oF?t eeases t ,,.,sot ther-equifements-af Pamgmph 5.91B, Contra tcc p,,,,, ptly notify n,, ne and Engir.szer- and olhall, 11.4- „„ 20 days alto„ the event givinge t such r ti fio ,tio , r „ao thee- bond and s fet„ betl, f whieh shall oomply with th , o„ts ^f Ba.-,gxlph. 5.94-.9 a All lbendds-and irx umnoe Fequimd by the Cool, aet Do e t� to bo purc d n znkTod by n,, neF of Ge t,.ae c olkgl bo obtained fr-o -, s , et„ cc imuranae-eorrpLn�oo t mt aro duly 1; enSeA „tl,ofize,a ,n Vh. o jum. die4ior. in whi2h the Pr-ojeet is leeated to slue bondsOF insurmee o0 olmll aoa 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 meet such additional ro en 3 and qualifeationo ao ma, be provided in the Supprementary Conditions. Contrae or shall dever-to-Ovrnn, with o t 0 1, additional re and loss paye-e identified .,, tho F/dpplo-smentafy Conditions, eertifle-ates--ef insumnoe (and otheFevidence of insufanee requested by Owner oF any otheF additional insured) which Contraetor is requiFed to purehase and maintain. B-. Owner shall deliver to ContraetoF, with copies to eaeh additional insufed and loss payee identified tho F/applamenttarp Conditions, eertifle-ates-af insumnoe (and otheFevidenee of insufanee requested by Contractor or any the f additional inoured) ..-hie1, n..,,,o, ; o rod t pufehase and maintain. E omplane-e omp ,any 40 the e ,iden ePFO ;aod ohall n^* be, „st-n ed w a `,aiyeF of Goff..,,, tor-'s obligation t m ain suoh imumnse-. D-. O.A%eF does t represent th imcura-.xse-eovecngu and limits-ootabi h2 this Cofi , ae neeesoatny will b2 adequate t pFotoet Ceflt ..,,.to E- Tho hiutur. e and imuran e limits r rod 1,e,c�s ohall nat be deem-ed w a lirm4latian on 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 17 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 18 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. A-. Unless otherwise provided i +1,e &ap^IJnVrra�ItaFy Conditions, nymer shall p'ar*ase-and maintain proper inmmnz upon the �x��t the Site rrthe -aniounof the full replacement cost the�e�f (:;meet tosueh dednetible amelrnto as 11wy b r ide in he F/applocment.,r,, r n-dit on-s OF required by T au „a n e ,lati ,,io). Thy irnmw inc�RhO ifit-OFOS*S Of OV,%017, GOntraEter eentl aeter lnd Engir.Qer, and any other imiivid]IA44 A-F entities identified in the Supplementary Conditions, and the offieers, , rnembo.vo, patt-n-,rs, empleyew, agmte., eonsult , andStIboontraEtors of each and any o� them eaeh f w1,.,,V, is deemed t havo ar. il: urabla ;mod oUll b-Z listed ., ., loss error. a aaildc 'o Rkk- "all rink" p fmr V.W. slk4 ��do inumr. e fer phy-sioal less or damage to the Wor-k, temporary buildings, tore and equipment mzt1t, w.d dhogl inoaro aga rat uI lest the :r- ll.,w ing perils or eauses f loss: fife, lightning, extended -overage the#, vandalis,,, and mouo mioehief-,-oar NNUalo, Eellapse, dobtio removal, demolition oeca,1onvd b,, enf ,.,.erne„ �s and R g water damago r--tl..\ar.. P.W. sauce~ by flood), and sue"th\,x po to or of less as - may beseeieally required bythe -Supplementary Conditio inelude expenses c re-pl.,..oment of any insured property (inel,,,l;,,..1,,,� , 4, eoveF raaiorilo and equipment tored at Site or at- arlothe-r- I-eeation that was agreed to wzitirg bi,Ownor pr c tabeir�work, in the r „ae4t suc�i�atoriulro Grid .,1�,for „raJ. 4, inelude testing and staf► tp; a a be maintained ; of , „t;l f1TmJ. p�,o„� ; made , lo�� �,a �it/.rg by Owner, Gentrae oo and E giroor with 30 days written noti e t each other less payee t Iv-h-offil. ert•f -Ato f; e has Loon io uod- 9wncr dull par base and maintain rua eent bre vdwAm imcumne"_v .,alit;,.-,l Property insuraneo w 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 will include the intemsiOv.,mo , Contractor, SubeontraetBr-s, and Engineer-, and any othe ifidi .;rlu is o entities identified i tL,o C7applam nt.,ry- conait;..,-civrrs, and the officers, directors,, fnnvnbm, partnersemployees, agents,s,eonsulta is and subcontractors of eaa'] and an,. -oar ,,a, of whom is doomed t,,1,av"n insumblerand shall be listed ., ., less payee. E purchased and maintained in aceordanee with this Paf!agf!aph 5.06 will main a provision oendorsement giat the eover-age aff-or-ded will not be eaneeled oF materially ehanged or renewal Fefused until .,t least 30 days priorwritten r tieo has boa„ given t n,, neF and C ntraetoF and t each theF loss payee t w4io,r ., eertific,to ,.f inmmn boZ-i issued and will rtai waiver ,,.a. nee ,,,;tl, Paragraph 5.97-. D-. Owner shall not be responsible for- p ,-chasing and maintaining ., pFopefty insur nze sppeeifie� in this Ilanagmph 5.96 to protect the interests of ContractorSubeontractors or others in the y`1L0rito the exaeant of any deductible ameunts—thu a de tif� ttho &applc�r i-o it..zy Conditions. The risk of loss ithin such identified deductible amou A will be born by r nt,-aete Sube,,,,tfaetor-soF theFs „rrori an-°sJuchze�s a orthe wrJh o� iveFage within the limits of sueh amounts, eaeh may pufohase d mznk�,�i it at the pufohaseF's own expense. in vnmtmg that etherspewinuna-1 ncldod in the pr-opeft) )Iie es r ided , „4er to Bazutnph 5Q6,,-9 ate: ohMl if poo[i---"o, inAude suer to eneementofthe �a�a d� &�, 9wnc ohall ir.: ,.sting advise Co tra^toF w- otheF not irnaumnoe has been „ rod by n,A%e,- 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 20 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 5.07.13 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 5.08.13. 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. A-. if o;tb,eF O. q eF of !-'o t,-c M3 awf abjeetion to the eoveFage .,ff ,-.ie by o of eF of the bon c im-urn-noer-equiFed to be pufehaw4-and e otl:.vr party in aooer-anee with -A—Atiele�-op,-t.1N bado ^af norroonfoFmanee with the Gop&aet T�.,..,,,V,ext, the �o�� obj-e0t1.rzg purl7y ,ha ot;P 4ie .,tl,o,�f in writifig within 10 days afteF Fe ,mot of tb,o the otheF may o n b.ly request. if o;theF ty does not ,-eerie o f.nwix$a1n 0k, "f the the bonds and hi-.umr.2e v oa f , fib, party by &.o !''o t,-aet Do „tom O ,.aAY shall Hoti fy the Othe 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 party in writing of sueh failure to pumhase prior to the start of the Work, or of sueh failure to maintain prior to any in the required eoveFage. Without prejudiee to any otho right -or edy, the ,.thy part.. m oleet t,, l,t,� ,los��or inmmnoe t rroteet suesueh other party's interests at the expense of the party who was required to provide sueh eoveFa- Change Ordor ohall bo iojua 1 t adjust the Coot, act Price ,.,.dingly. 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 A-. C^ r sq-zaE cuperviso, im-poste , and directtheWork competently and effieiently, devoting sueh attention thereto and .,,.pl,4rg suesueh akilh ard-onpon~iroo ., „ be „ Fy t Perform the Work i aeeoFdanee ,, i4 the Go tract D,.,.,,,, e ts Con4raotor olull'oe sel4y responsible for tl,o methods, toeha quoo, oo,,u es, and proeedures f eonstpaetion. C rtraet r sb,.,ll responsible for the negligenee of Owner of Engineer in the design or specif4eation of a speeifie means, ethod, teohnique, sequenee, erpFoeedRre-of eoas4uEtioa whioh) Dhawn or indioated- in At all times during the progress of the Work, traetor olmll ac�ign a eempetent resider* superintendent ,,,>,o olull nat be r-eplaeed without , ,r;tte not; e t Owner and Engineer v opt iffin-do-mr-xtr Fairary st., 1'tiff ..... - Coal-raeor olull pravide eompe , [ui,,L-h-y qualified PersonHArerto sil ey and lay out the Work and perform „stm eti ,,, , o , ed by the !''opAfaet Tlo,,,,,Y eats Gspitra .,11 rime or a. at r.:uirlain od-&c�pliml and order -at the Site. at -theme dX-q b9 „eFf ,.,fleddaily rV,--JL�- WOFkifig h0urS. COntraEter ,,�Qt permit -the ors ,Y, ,� o r xx� ry ora l;a. ra ,,,� c,,,, a ,,,�or any e.�,i t, ,l;a ,,, , ,;t>„.,%�-=zttel3 eonseat hioh will na -bo umvw9n 1''1,, withheld) given after prior- written not; e t Engineer. 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 A-. Unless other -wise specified i the Co tract D,,,,timents, r rt actor shall prod aoourne-A l msponsibility f r all serviees, fn atui ls equipment, labs , tzunop and ,r ^Mier-, tools, aprr hanseS, fuel, light, heat,t,telephene� --%ule , oani�ar,, temporary fa��,.litias, an , start r, and completion of the Work-. 13, All matoyials and7-equipm- . incorporated into the Work shall be a specified if � e ifie N> > shall be of geed quality and new, except as other -wise provided in the Contract Doeuments. All speei "urmntios and guamnte�e t e pee3fe- ono-zhall expressly mn to the ber��t of Owner. if Fequired by EngineeF, Eentrae or shall furnish oatisf etory evidence (;rel„ding reports of requii ed tests) as to the sowee, k4nc , and quality ofzinctorials and equipment. E All aialo and equipment shall be applied, installed, connected, erected, pfoteeto,l, used, `.leaned, and conditioned, aeeoFdaae&Aith inotruotio of the pl ab o &appli:ar-, exeept MI. • g aph 2.97 a-, ilt,.i"y be adjusted firem- tiffi-e-, to time as pFevided -177 Eontmeor ch,&I rubnitt^ 1~, gineef r aoeeptaae&#e4ho m"t indicated ir. I%mgmph 2.974 pfoposed adjustments i the D,-,.gress Se o.l„.teat wiHI x9t result ; ..b,a,,. ing the Ge t,- e Time. Slash Pr-eposed-adjushm *.-- in t1he Progress c,.4ho,1 10 OhMA ..;11 olurgo tl.:o Co tmet T;,ros Ghall bo ; aeeeFdanee .,zth t1ho requirements of Asdele 1�=djuokmnts i Co t, act Times may only be made by a Change OFder, by „sing the name of ., p fietar-y 4en r th.o mrso of a pafticuly S/applior, the s e i fio do description 17 inter oolabxl11': the type, function, appear-anee, and quality Fequir ass the speeifie-atien dese, iptio ens -followed by .,,oFds readingthat no l�equi-,w1ont, ol"or-equal" 'teUm- owe-sub-stitlutfo. is potmiAe , otheF ;temms f -m teFiaor- equipment mateFial oF equipment or Fmppl`Zs may bo oubm.�tte t Engi-A-POPOF _ v o „ao tl,o c4oulmolanses Eleseribed below. 4, "Oa Equal" kemsv- if ir. Engineel•'s sole-dison mi item of material equipimnt proposed by r,,.,t,.a tor- is funet;,,n lly e,.ua to tl. . mrraa mAra 's„Pfioeie t y dmilm-39ghat-ne ..1,. nge ; Felated Wofk will be Fe rod ;t may be eensideFed by E, gineor L.1° an " equal" itom., in -x hieh ease review an 4&f tlw prim, rnvy-,4*-E*g+aeQ 'o cns EliseFetion, be aeem. pEAiod .=„ eom. plianm;t1, some all f the ry e„ts f , appFeval of ^ „esedsub-stit>ate,items For -the pt"oses of t1hio f amg nc nod 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 proposed item of ,Y,ateF;al or oquipmant Ii011 l,o---- ide e functionally equal t a item so named if - a, in the exereise of reasonable judgment Engineer determines t .�. 4-} it is at leasqual in materials of constmetionguality, dumbility strength, and design ehar-acteristies; rf rssTssnei rsrss�se�s r rsrier� �:*s:3e:�s:rers�: errssrssi!rs�.eer -) it hao a prove record fper f ,.,,,anee ma d a-iailabilit,, ffes.,,,nsivo ,& MUM 74 it ,;1�-vv ll-c^046c'iiS [tubstanti lly to tl,o del -a lo-] o eats of the it.0m. rlmmd in the a, if i Engineer's sole this,-etio,, ., item of material o equipmQ . p sea by Goatf to does not n a4f1 f an an "pequal" item dor BaNagraph 6.05.A.1, it ..,;ll i,o pfep000d ou stit, b- Contractor- 21holl rubmit—sttffi6ont information an provided belem, t ll EflgifiO ff t detonml-no if the item of material or- equipment pfoposed is essentially equivalent to moa Ara an ept.t,lo `u at tote t e e RegUeStS zOF FeView ofpFopesed substit�ktz items of material., equipr.wnt V411 ,,.-± be meepted by 1:, ginee-F 4o awpne other- th row E The " e.r*s fe r F-Pololiew by Engisoor will bo uo no-t-forth. in 11xn.gWh ti nc n 2 a as , 7applomentedbythe eneFal Requir-ements, and an Engineer- may do in appropriate ] mde-'r- th oulnsolar.e-s- 4, GopA=aeor olk.gl rnaho wrrtttor. applizatio,, to Engineer- f ,.o. iew f a proposed subst;�„�o item .f-r,,ate f alor-equipmen4 that Goflt..,, toF seeks t fumish cr uoo. T N. aprplieatienr 1) shall ee fti fy 4iat the r ed cubotd7ate item vPillll- c� ys��rsseesr_srrr�:see:rs:re:r�:f�i�trssr_ss:�sa�,ee�rr,�sr��E�:e�!tissser�:rs.�s.�i b3 be-o,;.m3ar in [ubolmze-to that.-ip:aoified, an e7be Suited to the same use as that speeified-, 74 wille- 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 a) the extent ;f any, to ..,l,;oh tho me of the proposed substitute item will prejudice C ntra tors aehie.,oment f Substantial !''.,,,lobo o tim-e b) wlcslthor use of the 34kitut item in the Work will requiFe a eh with Oy u f r other- work o the PFojeet) to adapt the design to the p osubstitute item, an 3) will identify: a) all . atio s of the proposed mbotituto item from that specified, --and b3 9, oa.Loo, rmintenanee-,4opaiA ard�pl�s�:��.t�� �i��s;-an 4) sha -,,oal m an itomized oc,,V. that will rocult e nil-fitbl-Z=e c-viszmcci6n-Methods "c icziroLi"\7, mhoc, cc e, sequenee> , Contr-aetor- may fu s or-*t,*l,.00 a-L-u'astitH4e means, method, teehiique, sequenee, oF pr-eeedwe Af PVA-flsumetio. approved by Engineu. Gontfaeto d.W.1 oubsm�t suffieient NK-xmatiro Fin&ov, ir. F'r. gineeF's sole dice etio,,, to de-p-mF- ;,,o that t N, cubotibate r �oqui-.-lOnt4o will bo d=4!arr to those p ;aod in llar� l: 6•n�? E ineer4s lalatio1q.- Engineer . ,;11 he aaflle ped a Feasenable time-oithin vihioh to e alua � a6 PFOPO or cub siAal m do pu-.uant-te-P-ffagpho 6.05.A and6.05.B. Engi mquiFe Coatraetff4o-fumiah additional data about the p sod mbGt.bato i*.Qrrn FrrgiaeeF will bee the sole judge -of aeoeptabi "oF equal" of su oVbate will be ofder-ed, ati.LBed until EngifleeF'S Feview is complete, whie-h- will he ovideneed by a Change Order- in the ease of -a oubftibato and an apprawd Fhb Jm ning of an "or- equd." Eagi eef will advise Cont,.aete,. ; Nwiting of any negative deteEmination, D, S.eeial Guam -fee., O3AmeF may FequiFe-Gontraeter to -funs dh at Contf-aeter- se ^ome ineer4SCost 'Reimbil sc new. Efiginecr=v ill Fece d Errgim-,eF'Tcosts in eyal ating—a substitute proposed Submitted - by Contraec�r pummant t^ Pa,.agr-aphs nc n 2 and6.05.B. Whether- or —Hot Ergiroc appravoo a oubotibate so pfopes or Gubnxitted by Cofi4 etoF Eontme or cIV. 11 rdmbum2 icc t1m r2asonable olmrgoo of Engineer- - for- evaluating OaGh smueh proposed cu'ocbate.=tee cc cWl alma fc�rnuma n.Amo„ f the reasonable har- es f &%4neer-for mkir. entmEaet with Owner-) , ocultirg Ifi ^,,, tl,o aeevptanee of each proposed cubGtibatea 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 f,w Expense: Contrae or Shall przavide allldaca in 3uppart f any proposed substitute or- equal" atContraeter's expense. Eentraetor ohall not employ a Subco trae or, F/applier, ,, other individual or entity (incl„ding those-aeeeptable to OWRor ao indieated in P mgfaph 6r.95.E), whother initially---\- ax-3 a replacement,—againot »ham-Ovvnx ma;have reasonable -ebjeetion. Contraetor Shall not be required t employ any S:ubeo tractor, &appliedher, individual entity t furnish perfzm an;, of�rorl, :gainot who Co tract r has reasonable objeetion. mho &applomuncar, ain &aboontractoro, Fmppliwr or other individualoor entities o bo ou mitted4o-9vmor in ad-ianee f r acceptance by Owner- by oeified date pFioF t the >:ff, tis e Date of the Agfe ent and ifrvo tr, tc Ino cubmit!ist tl emof in ., rd ,roo with the Supplementary Conditions, Owner's ., ept. nce �o ,or in writ}ng o� S/applie�-er W..Im individual o entity so identifiedmay be ,oke o �l,o bacio of reasonable .bleed,,, aftef mitigation.-Gontme or s4mit ^oc t=lxlo r plaeomenfor—the r-geeted cbeentfaeto� Fmpplier, o other i divdual 9F entity, a- d the Ge tfaet Pr; e will be di„sted by the d;ff r-en e ir, the oost o r,ed by s ,e Fepl.,..vmo„t, and = ap,,x . ri.,to r`1,.,ng ruder ,s.;ll be issued. ,.To ept nce 1.., Ow.wr of any s ,e Subee tr.,e of Flapplier-,—�:lwr individual -or entity, Vw-he r initkOl; c ao Iz roplaee omt, olmll oonsti o iz -rani er- of & of n.smor Engineer- to Fejeet defective Wofk. E Eentme or ohaL'ac full„ responsible t n,,,,or and Engineer - fur all acts and ofnissions oftl,v suboentraetco, &apple, mid ..then i„diy du is ,, entities per-f.,.,,,ing of f„-,,ishi g any f the Wedi juot aovVtoF's own aets and omissions. Nothing in the 4-. mil, ,ll OT-0-04-0-1 fur tl,o l,or,vft Of ., ' S ,G StIbOO tr, tOA SappliOF, OF OthOF i„diVid-1181A- „tit,. any „trar-A-1,.,l rol.,tionsl,ip between Owner- c Ergir—u aft any—sueh-Subeontraeter, Q„r.,.,l;or O .tl,or ;,-,di-V d,,.,l OF o ,. „tit. ROF -2L. shall 0 pe te. ., obligation o the paft of rl„meF of Engineer- to r r to s to dl p ;mwfit ef- any �moneys ---- any such Subcentraeto� gupp ler, other -wise be r rod 1,,, r wuDu ld Regulations-. Eentmetc ohzl bo soi4y r-esp^r�sehedulirg anal ee�dinating the Work o subeontmetno, F&appli, and otheF individuals ,, entities per-f„-ming of f,,.,,;..hing ., of the Work under- a dir-eet oF ind-i-ire-c-4 ,.on raet with Co t aeto Contr-act r shall Fequi all F&aboo ono, F/apphcao, and oaeiraVhor ifdividU 1, OF o„t peffonixi g C1 f hmnhing any of the Work to e mmuniz to with R. grocer tIffough Go tract r FL. The divisions and seetions of the Speeifieatiens and the identifie-Ati-p-H.-S of —A:n Dmviingo ohmll rat eentrol Gontraoter in dividing the Wofk among Suboentraetos cc S/applisms r delineating the Work t be pe ff rmed by any s eifie trade. 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 G, All Work performed for Contrae or by a F&aboontractor or F/applier- will be p „t to -an appropFiate agree ont &applier which seeifie ll binds the Subcontraeter or F1dWicz to the—applie-ablo ta,-ms and eonditionofthe Con tra� Doeuments for the benefit of Owner and Engineer. WheneveF any sueh agmement is with Subeo„traet ,, or Fmpplier who is hs d ao a lass payee on the property ; e pFovided , Pefa,puph 5.96, the—agmement between the Contra and the Subcontraetor or Suppliesill „tai provisions s,hereb. tho F/aboontraeto oF Supplier , en all rights against OVVBeF, on4aetor, Enginee-, and all otee, individuals or entities identified in the c,,pplo,Y,o,-,tary Conditions to be listed ao inoureds-or loos pa;i--- i -d the officers, d;,o^+ono, mombono, partner employees, agents, eonsultants, and subcontraetors of eaeh and any of them) foF all losseS and damages eaused by, arising out of, relating to, or resulting from any of the perils or eauses of los eovered by sueh .policies and ., other- property i noo applisahle to the Work. insufers SupplieF, Contraetor will obtain the same. A, GentFao or Ghull p y All lieenso fees and ,.,lties and 1~l;�um. 2 all oasts ; e de t to the use, n ghw peffefmanee of the Wod-c- off- Uhe, J--n-eoFpoFatioa in the Work of any invention, design, , p; ^ c en-de� WEhh is the eet o tont fights or cop�Ti&s hel�thers. if -a pat tiles invention, , , , -z uoo ir. tl.:e , tiso k—cu others, the existence,,,,1, ^P sigl:l&-aW.,,1 b2 diselosed by Owner- i the C^,,,mot ounx .te. B, To fullest exten;permitted by Laws and Regulatinm, Owmr aball indo,anif, and hold hates Coatracter and its —officers, irec-tco, rsombm, partnersemployees, agents-, comultants, and subcentractor-s &z,-r and-agai.nt al.l o1mrso, sests, losses, and damages {ine4udirg �t , and other pl=ofessiomla, and a1� l cotn4 --v afrkbutionoF other- dispute mselutien-ce&t--�, aficing ou4 of elating to ., infi4ngement of patent r4gh4seep�Ti&s incident to tlho uoo in t1w porfofmame of the W.,,-L ^ e "'ting 40Mrthe nc ration in the Wer-k of any invention-,-dodgn, process pr-e et, oFdeyiee o^;fiod ;n the GeFA,aet Doeumo, but not ;do„t;fiod as being subjeot to E T(, m,llest exte t ponl�tted by Laws „d Regulations, !''o tfaetoF shall indemnify and henml000 OwneF d Ecgim-w, and the oco, dire�or bom, pant:om, ompl , and smubee,atr-aet f eae , and ., of theem and .,,.airy-t J.l ,hams ests losses, ,^ , , , and othe . r„e f ss or;;ti/a1.:d .,11 ,,,, t arb.;tf do .. otheF dispute, ar ,`ing out o peFfofmanee of oni c rooaltirg Tom the ineor-pofationinthe Work of any inventiop,, 4ocign, pcoeess, pr-od„et, ^r device not Specified in the Coatfaet Doeu,,,o„�� 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 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. Contractor- shall givo all natiees required by and shall eomply with all Laves --a gulations pheable-to tho p r-formanee of the cck. Prr:,ept where otherwise ✓ expressly required by lioayo L wxo and Rogulations, neitheF OwneF neF Engineo olhZl bo Fesponsible for - monitoring B-. if C^„4aeter pe4om o tlxat it is eepar-al=y to Laws e Replations,Cofrtl=ao or ahall IJ--\-.,- 0! slaims, cvst�osses, and damages (iii^cl'c4ag but X94 limited to ali fees and ehar-ges of engineers, a-Fehiteets, attomeys, and 000;oazo --tA al Eetu4 or --,��'Ntr do or-otheF lisp , e r ol„tio eosto) at�q,sg out of c rol Kmg ta such xx ed- Howe-vent olhzl -.& t be r,., 4aeteF's responsibility t make eortain that. the Spee f;^.,tions and D-,w irgo aro ; or-d ne w h. T o•no ztA Regulations, but �. opal rx- ,.olio, o r^„�, ,^�,.,. ^� Contaotor'o obligations tm cc Ia Iph 3.93- E Changoo in T wito ar- Regulations not know , at t� ftf ,,.-nw enin ,. � f Bids (or-, r to Eif� etiye y Date of the Agreement t if there , o e No B;rao) haying a off et ^r Rho, ^^st oF time of pe4ofmanee of the We k olazl bo tlcub em f a adjustmen4 i CAMBA,-.,^t 1-24-4ee, r ContFaet Time if 03A%e, suoh adjustment, hairs may b ,,,ad t>wFe f ;4 d in I%-,u^,.a T 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. �[iEss�r�,�er�.r.�� -177 Cepilfaetor-,9lmll confine ^ „struetio equipment, the st ^f nxaoo icz , an shall not up.-easonably eaetwibeF the Site and otheF areas wit-h- e-&-n-st-n-letion equipment o otheF materials ^ equipnwrt. r'^ a'kal wol-nno full responsibility f a damage �^ any ,e !a 1 or Goa, to the owner -or- oeoupant the fe f ^ f any adj een4 land resulting from the peFfofmanee 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 28 of 63 2, Should a elai be made by a sueh owner- oF oe-oupant boeause of the peFf ,.,Y,anee of the Work, Co;itraEter shall promptly settle with other party by negotiation or otherwise resolve the olaim h�,, arbitration or then dispute resolution proeeeding or at law. 3, To fullest extent permitted b La» and Regulations, Co t actor ohall intend held harmless Ov�nerand Engineer-, and officers, directono, mnxnbaro, partnm, employees agents, conoultants and „b,.,,,,traetors f each and any f the from andag dispute resolution costs) arising out of oF relating to any claim oF aetion, legal or all elaims, costs, losses, and damages (including but not limited to all fees and eharges o , brought by any „eh ov�neF or oeeupant against-O,vno Engine, anythe arty rde ifie he e der- t the extent causedb r basuponed !'o t,-a..+o 'o paformanee e the Work. 1, Removal of De-bK-s During Peocemianee of the-W mk: During &.2 pFegFess of the Wed-z Eentraetor ohall Jeep the Site and other-- areas zrce from aectimulations of wastefnater-ials-, mbbish, and other- . Romoval and disposal of sReh w-Aste mateFi-alo, rub,'--�sh and otheF dob-no zonfefm to applicablo L a n"r.a Reg- l ations E Oean ing.-- PFioF to SubstapAial GoffTletien-of the �x�eatrae o olean the Site and the WOFk and ;t 4-oaAay4c util ateOwner-. At the completion of the Work GofAraetor shall Femove 4om the Site all todro, appliamcut and mein er-y, and sins rn-ti�fiala and olull rem-to-o6giml erica all property not designated f F a tomtio by the Gontr-aet Doeuments. D, Lead4mg Stmetures., Eoatraetc almll n9t load nor- efmit awf t he--, I-o-Aded or thAt . „ll enda gee the st,-.,,.t,,, o, olmll coat aetersubjeet any paft of the �Z�� ^via A, Contractor ohu\l minkl-. in a oafe plaeoathe Site —one Feeor-d copy--&f all Dm wirgo, Speeif4eations,Addenda, Change -Orders, Work Change Difeco, F ld gFdor-s, and=��tte�l interpretations d el—;144-fiemioas in good oFdeF and annotated to show ehffilgOs Made 4Ufiflg censtrnctie„ These moormoord ,a,,,,,,,-, e is togetheF .=fit).: c\L appewod cafrp;es and ., „ter-paft � all apprqved Shop Dm•»ir.gs will bo c7x0kNIIo to Engineer- for- e€er-enee.Upon eompletion of Tea, these -record-dec�xne-zj, Eumples, andSho r,ramirgo will bo d �o E gir.eF for n A, Eoatraetor olull 'a solely responsible forinitiating, 1:1�K--.Iainirg of oafs pmeautions and r,-opuwA in zonneetion with the �x�Such responsibility does „otfelie�� their "�vvri nor- far- oon..`p.K=nsc with appheable sas Laws and Regulations. Cant aet6r�iiuii halo a1 neeessar-y precautions €oF the sa€ety eland provide. tl,o IfleeessaFy Fate do t pit-damo, injur,- ^�&- 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 4, person on theSite or who may bea€feetedbythe Work; 2, all tho Work and mat.Tialo and equipment to be incorporated therein,whether storage or off the Site; anc� other- property at the Site -oradjaeent-theFeto, including o3, ohrubo, 1xims pavements, roadways, stmetures, utilities, and Underground Facilities not designated fo applioabloto the safety i Rjj.wWA&a, 11 1 1 1 - ��nri:e��i:ea��aa:va•.n�� i�i:��C�ia ��a��:e0�:�ii� �s�nswOso i0ae�ans i�iCc:�• Proseeution of-the�oni may-affeet-then+,-and oh�l zoopem*�it�the�l�rtheproteetio� o , u o E Contmecc olmll with Vho cpplisable Fe eats of n«,ror's Sffif p ^rogmim, if-a*y. Tho Sapplo,,,enta y Conditions identify , nyyneF's sa f ty „r^pz so tht ara ., plioabl a to the w 1, Eofltfao or ohall infofm Ow.wr ul,a ErgineeF of the s o f e o oats of Goat, -actor's safe prepum with whieh n.,,ne f's and E„gineeF's a .,10yes and Fe 0 eatatyoo allot , . ly while -- at the Site. "ll�o, injur,1,or- loss t ., pr-opeAy r-efeffed to in Pavgmph 6.13.A.2OF 6.13.A.3 eau �o a� dir-eetiyor itAireetly, c in part, �, Contraeter, a Subee„t,. a oA Frapplo:, ar-a� . 4-14-e - i-n-d vide al A- v„f;h, diFeetly o indiFeetly employed by a of them to per, fom any -of -thee Work, or- anyone f r m4flo-se .,ens any of thors rna; lo, ohalk' bo ronwdie,a by Geat..a t^(exeept damage oF loss to the fault of Drawings or- Speeim-fi-e—ati-offin-s off- to the aets OF AME-n-issi-offin-s- of Owner- oF Engineer- oF anyone employed by any of them, oF afFfone for- whose aets any -of thom, my bo lab%lo, and nab attri�'�i�a�e, diFe tb, ^ , dir-eetl)., ; whole c in part fault o egl;genee of !`o tr-aetoF or- any Q„b...e t,.. e oA Frapplio„,or- then individual o eati di -veto, of ;,,.1;,-0e4y employed by any-of-the44. l orlt olmll oontinue tmtil such time o al flm wofk ; eempleted,,,d Ecgirzac lua cusw notice to n.A%eF an Cofafae or in aacordaneewith 11a-uggqdh H.97.B that the A ocIL io azeeptahle (exeept as other -wise o ssly ,.,-.,yide.l ; eennection-viith. Wbotantiral Completion), Eextrao or ohzl designate a qualified and exper-ieneed sa�� the Site whose "des and r-espeasibilitieo ohall bu tl.:epreventio:-n--of-aEcideats-aREI the tn- ainirg and 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 Contl=ae or shall be responsible f r coo-Minating xohango of material saf ty data sheets or other hazard-c-ommunisation information Fequ ,od *o bo made available to oF exchanged b etweo,� or among employers the Site in aeserdanee with Laws of Regulatiatis. 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. Gent-Fae or Gh ll Gabb ft Phop Drcmz go and Sarsp.Los- 4o Engineer- for- Feview and arprc,.,al in aeoerdanee vt13-the—aEEepted Seheduk--ef Subs-xiAals (as Fe red b Bamggmnh 2.97). Eae b Data i the Shop Dlw4zrrgo will bo senplete with Fespe^et to quantitie&, diffile�?iensspeeified performancea-ad design er-io6a, natc6a2zs, and similar data to show Engi eeF the s es, ^*orkgo, an"quipnvnt rv,,, tfaet,,,. ,.,.opuses to „do and fan�,n,-ph 6.17.D. a: S/abi�t runv f Sampllesspeeifiedinthe Specifeatiens. b- Clear4 , identify o ,oh SarnpI2 as to m oral., WpplioF, pefti eat data ^b, ^draye numbe;Tthe use for- whiehinte-nded and ethd0a as E,.—. i e *^ -Ab le- Engi eeF to r e „ Rho cubm. 4ttal for- the limited p o required by Ra��gmph 6.17.D. B-. WheFe—a-Shop Dnv or SL np!Q a r quired by the Contr-aet Doeuments-oF the Sehod Submi=Ila, any related Work porf finedprior-to Engi eem's Feview and a a1 ,.�Vho polt�, n n4 s b m-i-A-A1 will be at the sole expense and responsibility fryoat-aeto. 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 Be€ero ouKmitting each Shop Drawing or Gnmpla, Contractor ohall ha« a, reviewed and coordinated each chop Dm 4ngor Fiample with other Shop Drawings an Samples and with the requirements of the Work and the Contraet Doettments; b: detained and verified all field measurements, quantities, dimensions, spy performance and design crit--�ia, inotailation requirements, materials, catalog numbers-, and oimilar inf ,,,. atio„ with r e t thereto E dotexminod and verified —the itabiliy--o-f all ma:eFi is ^f- rva with respect to the indicated application, fnl.,.ieat;on, shl ippir", handling, storago, aoaambl,; and inocallatian Pertaining to the peFformanee of the Work; d: determined t"1 verified all in AMER-Atio-H relative to cvirtmeter's fesponxibhi1.sas fer means, methods,teeluii ues, sequencoo, ". praeedl-res of eonstmetion, and safetji €soh cub :4ttn olmll boar a ckam. p or speoifie written certif-4-COatierl. t-h t centracter and approval of that. subnxit%al, 3, With cub m. 4 al Contmetor dhall give Engineer s ee f e , 44-PO „^t; e of any variations that the S op Dna c Sampl2 may have from the equireraefAs--of the Gontrae fit. Tl:-.,3 natieo olmll bo bA-014 zritte omrnxr ization separate on tlho Phap Drawings cc Eafsplsubmittal; and, in addition, by a:-R-atationfade on eaeh Shop Drawing or Eamplo ubmitted4o Engino rfor FevieW 4, Engineer will provide timely review of Chop Drwr.4ags-and Eamploo ir. a..,.^,.d. nce with the c..l, a"ly of F/jl,, SZttals ., o,-.table to Eagi eon ErlginoeF's -a approval will be only to determine if the items eoveFedby m-N-nittals will .,fte-;„st.,ll.,t;.,., r,Lion ; Engineer's ". nppr^ ,.,1 will not exterid to means, methods, teen ,iques, se es, or pfooedwes of construction (except where —a particular rsoar.�, method, toohni ce, orprecedureof eonstmetien -.,o cnecifeally and expressly caIlea�the Coritrae r,^,,,,,. ents) or to s fv precautions of -pfegunu insidefA thereto. The reviewandappFO ,1 ef-a-separate to as ic�i ,, ill „^t ;,, l;6 ,1 ^f +bo Woom'a'; ir. •nEi the itel funetiens. -3, Engineer's Fe „a ^`WI ohall nat relieve efitraeterffoln responsibility for � „it1, the ry o ea4s of Bamgmph 6.17.C.3 and >~, ,moor hro give , , itte„ approval of 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 such variation by specifie vq4tten notation thereof ineorpor-ated i pan�4ng the Shop Drawing or Fiample ngineor'o rc,.do and app al ohall not elieve Contraeter- frn responsibilityz eomplying with th.ui; e nents of Paragraph 6.17.C. l Contrae or ohall make corrections required by >:„ginevr and ohall ray,,,.,, the required numbs f eor-reeted copies f Shop D,.aw ings md oubmit, ao mquirea, new Samples f review an appFoval. Cant actor ohall direct specify attention in -&-riling to revisions other than the eorreetions called for by Engineer on pfeviouf) mbmitt-als. 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. A-. !''o t,-aete, waffants -a guar-an4ees t n,A%e,. thsa oL %A'-c�� will be in aecor- nev-, A'A"ith- 4— (`o tFarat Do rl ,ill t be aof �•. >J ,a is ` ffieor� .a;, b �nvC\.1T:�I:�7 (i'1 GU. ice. �I.lginccraixcricT�rrrccrs-cnrceter��ir�H3vers, paftners, employees, -agents, eeasu4aats,and subeeatraetc o ohall bo swatitled to F4 1 d b"ui-m-xitee heFe,,nde - e e4utlos aof RS ^r aa,Y,age oa I-- aba0o, n. ad F;,.atio ,or- ,,or n�,�oaanee oF opeFation b pe-r-soff-as, 0-hp- - than Cont-aete,-, Subeoatr-aeo;o, S'app6z.-,o, or- any othe-r- ind;.�duL'�-oFentity -fA-,. „hoffil G^„traetor— is responsible; er 2-. nofmal wear- and tear- ,,,d ,,ormal uoagt . E Gontl=aeter� obligation to peFfonn and eomplete-the G,-A in useerdanee withthe Contr-ae Doeume*t olx-.ql bow abselu e. Nolne rthe�-AwAA rg will ffl epta- ee fWork 4lat ; an by Engineer- o paymoat by O. o of a pFogressor-Kk� payment tho iac ise of ., ..o,-ti fic t ^f Subal nti l Completion by Engineer- ^ any l related ¢ oor-oceupaney of the WeEk of any pa -Ft thereof by n...,, un�-foviow c\-id approval of ., Shop r,,.a., ing c Eamplo oab of ., „otioe of aeoeptability 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 33 of 63 . y:rs�s:esrs�aie5rii.�sri�sser�� rAqb TjjjjMrjMWPqR A-. To the fullest extort re..-itt-ea 1,,. La•» and Regulations, Coatfaet r shall i der, nif; a d 1, harml000 Ownu and Engineer-, and the officers, direeters, memb , partn�ro, o nplayeoo, agcxnts-, conouhpants and sub ontr ctors of each and ., of them from and ., .ainot all ol.,ims osts losses and damages (ine! Irg Utnot limited t6-all rfees charges orengincer9zirahiteets, attBrnc y'I.r, and other oxiah and all „rt " .,rbitratio,, or other dispute ro Al„f;"„ cos*o) arioing out oor r-elating to the performanee of the Work, provided that any sueh elaim, eost, loss, or damage is attributable to bodily ; rye siolmom, diseases or death, or toitlj� to or destmetionoftangibl-e PFOPefty (Other f>,o 3x,"ry itself) ineluding the loss of use rocultirg tl,oro�-.,m but only to the extent caused by any negligent aet or- omission of Contraetor-, any , Flapplio , ar any individual " entity difeetl„ " indimetly employed by ., "f Vwrs to-pe4crs ary-ofzheWofk or- anyone for- whose aets any e om Y.-my bi-, liable . - In -a -ay ark GL aaKmo cgaimt-Owaer-or Ergiree'- "r any of theiff- A--ffi-evr-s,-direeter meff�OeFs, partneFs, employees, agents, wasultants, or- subeofitraetoFs by any employee (or- -t W , ivaF er personal r-epr-esoawive of sueh employee) of CofaraetoF, any M� any F/applvA ar- „d;„;d,,.,l oF entity dir-eetl„ " „dir-eetl„ employed by ., of them to per -form awy-of the ate„ eanyone -fowhose oto awf of ftrs r. ;° be liable, the indemnineationobligation under Paragraph 6 2n n shall not be limited in an; lirrn� Kwn or. the amount "r type of damages, compom. 0 i�benefits payable by oF foF Gonlraeter- or- any sueh S4eontr-after, c„ pl r,or- other- individuor-al„tit,. „do rvo oompeasation e c, dioaMity bonebonefit aets, oF ,thee- employee benefit aetom E The i deffmi-;,,.,tie- "b-1-ig.,tions of Gofi4aet"r under- D.,r.,gr.,p 6 1n. 4 ohall not eXte d t" t>10 liability of EngineeFnd Engineer' offeers, diFeetersmemon, partmer-s, employees, agent tho pmpa,atioZn c approval of-, "r the f dare to prepare " appr-ovo rmpo, Dna. , if jn erdam go. A-. r"„traet"r w;ll l,o ro rod to p ;de professional oer. oor. o-S , „looms s ,e required to eaffy out r"„tr. et"r's r rm~-ZNlitiss for- " nstpaet;"„ ,roam, ��hods, to..l„niques sequenees and pr-oeed„fes r"„trae c ohalk' not be r rod t,. „ ;de prof ss;".,al "i t;" of., pI o-\'-)Yj Lam ■ 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 Owner and Engi ee will eei all po-Tformance and design eFiteria that sueh sere satires Contraetor-shaI47-aauae oueh services oF eert fiaatiatifi tobe provided by a prope-dy heensedpro€essi nal, whase signature and soal f)hall appear all drawings, ealeulatiens, ocifi ,bons eertifieat ,,,s, %h. op Dna..,ings and then submittals prepared by such professional. Shop swings and otl}t yebmittu- to the Work designed or- eertified ueh profes:sional,--ff propar8d by etk�.rt�, ohall boar ;.0 onal's Nwitton approval e submitted to Engineer. E Owner- and Engineor shall be entitled to rely upon the adequacy, aeeufaey and eompleteness of the ser-viees, eert f; atio s or approvals perfofmed by s b, desig,-, professionals, provided O e f must aat Purauant to -thin Nragraph-6.21, Engineer's review and approval of desig,., ealc lati ns and design dra-wings will be only fiBF the--, liffl-ited puMose of eheek4ag foF wit-h. pel=ferfaanee and design eriteri-a-given and the design eoneopt orpr�3 in theme Engineer'sd fro id of-Sl}op Drwvin� wA ethcc m1b". it*a' t deign ealc bens-aad- design d-.sa irgo) will e only for- the puMese stated ir. -Bamgr ph ,�T ■ 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 35 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 36 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 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 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 37 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 38 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. A-. Engineer- will have authority to Feject Work whieh Engineer believes to be defective, or th Engi cc 01WTgn whole as indie-atedbythe Cont>=aet Doe once. Engxneor will Wbahave —au tor-eq; speo.l. impostion or- testig of the Wont cx-, prated in Bamgm-p : 13.94, whetheF oF not the Work is 409r-ieated, installed, or- oompleted. 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 39 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 40 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 10.0 LA, (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 41 of 63 A-. if the provisions of any bond Fequire notiee to be given to a surety of any ehange aff-eeting the gntiml aeepe of the �x�;=the r of the Contract Documents- (H3elu3ing, but -lot limited t Contract Price or Controt Time), the givingf any such ,, o will be Ge respon,gibilit•;-Thw-anumnt- --,Ii applisable bond will be adjusted to refleet the effeetof any 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 parry 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 parry 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 parry shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; 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 10.05.0 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 42 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 11.013, 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 11.01.13, 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 43 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 5.06.1)), 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 44 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 11.0l.A.1 or specifically covered by Paragraph 11.0l.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 45 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 46 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 12.0l .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 12.0l.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 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent; 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 12.0l.C.2.a and 12.0l.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 11.0I.A.1 and 11.0I.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 11.0l.A.4, 11.0 LA.5, and 11.0 LB; 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 47 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 12.0I.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 parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where 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 48 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 —A Prompt notiee of all defeetive Work of whieh Owner or Enginoor hao astual knowledge w4ill! in to Contraetor. ■_ •�iewi�w A, Qwm.� Engineer -,their eensHltaa. ". ate-epmsent-a4ves and personnel of Owner n,lo..,ende„t *^cVrg .labar-.,tor-ies, and govemmentale .,ztl.: jumodic4o,�1 into fc�cscs will name eases 40 tl.'V &*"') ark tl.:—Won( at roa-sonab e tires for- theiF ob5enat;k-\i, itxopeetion, an testing. Gent--.a-�, ,eroc dW.1 provide thew, proper- and safe ,,,bons f sue a „a -advise A, Eentme or ch\all give Engineer- tim4y notiee of readiness of the `x fk all rid m-c ark d.\ql soopemte with iaspeotkon and testing o of t f o l;tate rod ; eetions test 1, Ownc GIV-1 e . ley and r for- the servioes f a iadepeade.,t tofrg .labar 4er-y t perf:.n- all oetions testsoF al , oquimd b,7, the Coflt get Tloo ,its o ept• -177 for- inspeetions, tests, oFappFovals eover-e P-ar-agraphs 13-03.Gand 13. D bolaw -2-. that oests inetwed ; eenneetion with testsor- eetions ,,doeted p.uxuant-4o Rougm-ph 4-3-.Qd.B Ghall be, paid apro ;and in Bamm ph 13.94.C; and ka�rres. srss�ess!e�str:r�:eeses. ■ C if Laws >- R 1at%�'\ of any rublie body having ;. r;sdietio o .. Work (.ter pa ft thereof) b ^„' ; Coatfae a'azl w un. 2 f'' o-Zb;lib,—for alm:ging and sue tests, �alro, pa;° costs -in eonneetion therewith, afl4-funn.'Ol: P'rgir.-'er- the D Contl=ae or oUH be Fe sib! Lt-n-xiging and eb i0k' pa- all oosts ; eonneetio with any inspeetions, tests, oF appFovals Fequir-ed for- Cgtmr'o anj Engineer's ., eptanee f mater-i-als or- equipment to be in the ` o aeceptanee of o6ab, mill d or equip rn-��u'amitWd-€eF-apffmW. p,igF t C,.,,l+ae Wo purah se theFee f f^„ ; ,pomtikoxl ir. 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 the Work. inspeetions, tests, oF approva1i slmll be per-formedby organizations a epta .i o Owner- and Engineer. if any Work (or the work of ot om) that io to be inspected, tested, or appFoved is coveFed Contraetor without written eoneuffenee of Engineer-, Conlrae4or ahall, if requested F-. rUnsoveFing Work a pfavided in Parilgnsph 13.03.E shall batContractor's expense -less Contractor has gion Enginae,- timely notice of Contractor's inta*itio tcover- t o oame and A-. if any Work is eoveFed contralto the vffitten request orEnginen, it muot, if fe"ested--by >~„ginee, be, , e -ofa r Engi eeF's bseF at or. and repl.,ee at � o _Xpeflse. B-. if Engineer- -S;ao,.s it r00000e� fam- .,dyisah-le. that eover-ed Work be observed by E,, ir�peeted or —tested by otheFs, CofAfaetoF, E giroor'o roast, ohalkl un, other -wise make —available fey observation, im�pc�r-tootirg ao Engi�e po ftio .f the cdi ir. quoati.,-an-,-furn hirg aL ne essa .,, l.,bef, ,,,.,oral, ash E if it ;s found +. tl. unsoverea Work is defeetive, Gentmeter ohzl pa;-a4-olairso, ^^s*�es, and a., s (in l zg _ tt f ]; t all f „a ges of g e Ir � Zlo- ar'r a cv-alrze�� � ur ren cerS � ai iccccriztt 'fr, and theF pr-ofessipnol�and all , otttl or arbitration o otheF dispute. arlq g eut of of ' elating to suesueh , g, onpocurv-,�tiorl, imp:action, arxc`Irootirg, an , f satisf , tor-y pl.,..vment oF rveoastmetien (i cludirg NA not limited t all owes f,.o,. air -or- o„ lace„ eat f work f others); and n,,,,,or ohall bo entitled no oin apprapFiate deer -ease in the 1P riePe.—M th.g port�,es-are nn e to agree as the—ame-unA theFeof,-Ownw nwy make - the�e-f-AF as provided in 1% < ph 19451, if the unEoverea Work iszot -fol—ind to be defeetive, GetAfaeto; ohall be allowed aN Cofltf et D, ; v or Lin ontension ofthe ftraet Times, orvoth, direetly-c^ft-t4 3uta le.toSuel�i pafties aFe unable to agree as to the--, —ame-1-1144 oF ex4eat thereof-, CofitTaetoF may make a Clai theFe f F as pFovided is P --moi 1945m. - 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 50 of 63 Promptly after receipt of written notice, Contrae or ohall zorreet all defeetiv e Work,nether or imbricated, inotallez , or coveted, or-, if Work has been rejectedby Engineer; remove it from rthe Project and replace it with Work that is not defective. Contractor ohall pa,- all c costs, los „a damages Eineluding lut n^* limited to all fees and charges of v ov mehiteets,-attorneys, dather pro€esrsionalo and-al� or arbitratio �r a ute resolution sts) arising out of or roaating to sue , eoffeetion or removal (ine1„dirg but -not limited to all costs ofrepair- o plaeer e t ofwork of others). When correcting de€eetive `x� Work under the terms-of-thio llarug ph 13.06 or Paragt ph 13.97-, Eentraeor ohall calm motion that would � ^'a or ^tl,o,.wi o impair Owne.'s special warrant,, and buamntee, ; f ny, ^ aH xVo A-. A - He o after the late ^f S/dbnlant;.,l Completion (or suesueh longer ,.erie,a ., V'mo 0 fly bePrOScFibed bythe WFIRS of any applieablepecial buo&-�a+ceo roquirod by the CentraeDoeuments) or by any speeifie pFovisioa of the Gontraot Doeuments, any Work is found to be defective, or4f-tho roper of any damages to the 1A,,.1 ^ i"wilaEc for Go tract use by nyyneF or peffnitted by r wuo L'i,a Regulations a „teffq latod in Paragraph 6.1 l . A is f ,,,, l tehe-, defew-tive, ContraE+n olnll preptl ,, wifhout P--,A-t to Owner and in aeeerdanee wi 1;ep\11'� it^l, a of t;Vo 1 l C L'I—V' - ; 9r -2L. correet sueh aof t;s e Work; the--, Woni lhao boon rojeeted by n.: eF, remove ;t o-ni Vw p,^;o,.t and Fopla- e ;t with Work flhatisnot de€eetive, and 4 s tis f etefi4y eeffeet c ropGl emove and r-eplaoe any damage to other xxrto the wor� f oubleFs Ot-hour 1iffi n-d e- ow rocultirg tNTe4em. B-. if !-'o t aetoF doe t r ptly comply with the terms of Owner's ,i on =Yurtiorls, or in emergency where Elelay would eause-seriouo r.l ^�osrs or damage, visor rxa,°-have the de€eetive Work oorreeted-or ropaimd or ma;' have the rejeeted Work removed .,n r-eplaeed. All dcirrro, oests, losses, and dages-( dirg but r.,�Xl;ff-ntfo,l f^ all fees and ,.1,afges of v,,;I aarehiteets, atterney s, an other PrefeSrriA:s�o and-al� or ak4 atier other a; to replaeement (ineluding but_ not 1-iffilited to all oests of repair or replacement of work of others) will be paid by !`e t aeto E In o al eiFoumr*eanzes -horo r. part;,,, lar ;tow, of equipment ; dplaced , „tinuous before F/dbo*andn Completion of all tha workthe serreotienPeFiOEI for that itm s mc-i,start to gran -earlier date ;f s^ provided in the Speeif4e-ations 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 D, Where defective Work (and damage to ether Work Fesulting therefrom) has been eor-reeted o removed and repl.,ee under this 1 a,-,u,tuph 13.07 the cor-reetion period hereunder- with, r ee to such Work will be extended for an additional period one year- aftei such Eorreetion o removal and r plaeem nt has boo„ s tis f etoril„ eomplet l li Contractor's obligations , nde- this Pamgmph 13.97 are in addition to any "theF obligation or warranty. The pFovision"f this Pamgmph 13.9-7 shall n"t be e„st,..,od as a substitute f r waiver- , A-. if, instead of FequiFing eoFFeetion or Femoval and Feplaeement of defeetive Work, Owner A, if !`..,,:mete ICaiL within a time aftefr-`v`v-Fitten notiee fiem Eagiaeu to eoffee de-€eetiye WOFk,-oF to Femve-and Foplaee mjeeted odi a3 raquiFe by E,,,•;;GOFdanee with Bang ph 13.96.A,-"entfaetoF fails to pefform the Alon[ in aseerdan-c�ith the- Doeuments, Ov,%eF may, after- seven days wFitten notiee to GoPAT-aetoF, , c ronod 1, In exeoairg thv rightsandFemediestmde>=thy Rx-ugruph 13.09-,-3mor Aalkl praoeed Gof t,-aet 4o all " raft "f thv ate, take possessi,,,, "f .,ll " part of the Work d ruopond Gofaraetor-'s services related thereto, take possess of Go traeter-'s toao, appliZnse-s-, „stpdoti"„ equipmQ . and maehineryat the Site, and eorpomte in the Wodi all rm. to equipment tered-at-the Site "r f r ,= h eh r Im paid Gontraeter but eh-are-stered elsewhere. C traetCi olh-01 aqlaw OvvneF, -Owner's epresextati'b'eu� -b—AS--a11c e.. F'-.7 --T Owner's other- eontraeterTard Engineer and Engineer's Omoullant. uees5 o thv &too -enable n,s -,o,- to e ;o thv rghtsas r .,-thio Dam.-raph. E A41-dzl,mo, 2ests, losses, and damages (including but not liffi-ited to -AR fees and ehar-ges e gi ee>s, whiteets,-attomeys,-and other fessic\:��o An,,,�or-Ana all ,,>,;t, ,t;"„ "the .1;sp to ol„tio eosts) incuffed or ouoltimd b,, n,,%er ; T tb,v Tb,t� ,,,.a 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 under s Pamgmph 13.94 will be charged againstContraetor, and a Charge OrdeF will be issued ineofporating he neeessar-y revisions in tho Co traet r,,.,.,,me is with, respect t the Work; and nn shall bo ont.41ed-to an appzapriate deer -ease in the Contraet Drrirceif the parties af!e=unable to agree as the —amou- A of the adjustment, Ownx ma;' make—cr Claim ther-efoF as provided in P mg<aph 19.05—SAeh elaims, eosts, losses and damages will ifieludet not be limited t all sts f %pair, or %-)eaoe e t of work of otheFs destroyed a,,,rage b premoval, oo Contraetor shall not bo allowed an c�tensio of the Contract Times because of any ,Inlay i the per-formanee of to �xc attributable t the 0 0 e by n. neF f n., neF's Fights and remedies under-thio B mgmph 13.9. 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 53 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 54 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 14.02.1)) 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 55 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.I and subject to interest as provided in the Agreement. A-. Contractor warrants and guarantees that title t all ork, materials, and equipment covered by any Application foF Pa�ment, whether ineor-poFated in the Pr-ejeet or- not, will pass to Owner no 14er than the time of pa.e t fee and elect,- f 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 56 of 63 Prior o F/abstantial Completion of all the xx�4c-,-Ovmc may use oF oceupy any substantial! eompleted pa f the Work w-hie1, has s eifi ..,lly been ide ti d in the Co tract D,,,.,,m e ts whieh OwneF, Enginec, and C,.,,,,., eta agree eonstitutes a separately funet;oning and usable part of the Work that ean be used by Owner for its intended puTose without signifie inteFfe-renee with Contraetor's performanee of the remainder of the 'ork, mbjoot to the following conditions- Ownor at any . Fe-que-st. Con actor- in writing to permit OwneF to use oF occupy s}1eh part of the Work w4iieh OOVMeFbelieves to be ready for its intended 'c'rse -ca ni Ts substantially Eenrplate-Tf �ndhertraEter—ugetha sue� o�Wor k Paragm-ph 11.04n thfough D for that part of the Work. -2L. Co t,. eter- t any time „, notify nyine,. ,,,d Ecgim�or in -. ,.;tiag that GefA, actor- eonsider-s any soh pmt of the xx�Teady fef its intended use o,.\-J rubota t;.,lly eeffq4eto arA mist Engineer- to issue a eer-tifieate of Substantial Completion for- that part of the Wofk. � Within ., r-easeaab o tlrna Qfto, o;tl,o,- suesueh Fo est, r� efafaeteF, and EagineeF shall mako ar. irip e det censidethatl athe l�te-subst�ant;cepleto, Prge irer will notify of the lc- tohe--.-substantially complete, the provisions ofTafapuph 1 '�'✓1 will app;;-Nith r-espeet t ee fti foe do of Substantial Completion 4 tl.nt pat qf the xx o fk and the division � 4. No use of oseupaney-er-separate opera4ioa of paft of the )AIWl mr, eornp;tanze with the ,.o,,uiFe., e is 4n. agfuo. 5.1 n ,agar -ding property Uporr=Ag4tten notiEe 4em Corrtraetor 4-hat the entire Work -cc an agFeed peftioN thereof ; eo lete, EngineeF will pFomptly make a final inspeetion with Ov,%eF and Goatmfaetor- and will notify C ntraoter- ; r ting ,.f olkl part4 ukm in :vhioh tlhio i ispeetionTeveals that the Work is incomplete-or-defee4ve. Contractor ohalkl irnmodiately take suesueh measuroo ao aro oomplete suesueh Work o 1, ao -efic es 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 57 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 58 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 59 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 15.02.13 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 60 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 61 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 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS ■r� .r�rtsrs�: :r_�e�err�r:eeer Ts�s�ers . �� 2L. de'l; e oa at oF sent by este e er-ti ed riil, pastagepFepaid, to Rho 1wt bud lioo -aaa,.oss 1,,, ,...,, to the g .,fable, infot e A-. When ., o a .f tires 17 r2feffed to i the G,,,,tfaet r,,,ei—i emnts by days it will l be eompu4ed t a Fabarda-, , sueh day will „tat;.,,, A-. The du4ies a -a obligat oii in. posed by these General Conditions and the rights Ara tvx,�,Vlmle her-euadeF to the pa-r-ties hereto are in addition to, and a -Fe not to he--, eo-flsumed in any way cx-, a limitation of-, any rights and Femedico to for all of them �A4ieh ffie se,a oF available b,., r ano aiRegulations, special . „ly o; guanantoo� pro Pisi f the GopAfaet Documents. Thepr-ovis-'-------f tlhio Bamg,.,,,.1, will be a off etivo - 4 obligation' right, andre, u. edy to whieh theyapply. 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 All representations, indemnifications, warmnties,--and suamnt es-�;r, in accordance with the Contract Doeunents, as wn1 a3 all eantinuing abligations indicated i Contraet Doeuments ;1 final pa;,---f --- le ;�daeceptanc�fthe Worktermination or eompletion of the Contraet or termination of the serviees of Contraetor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. A: Article —and paragraph headi*gs am ins ' for- ^ only and do not ^ nstitmto parto a€ these General Conditions, 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 SUPPLEMENTARY CONDITIONS Supplementary Conditions SUPPLEMENTARY CONDITIONS Page 1 of 10 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 2 of 10 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 1.02.1) 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 3.0l.B of the General Conditions: PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 3 of 10 "In the event there are any conflicts between the plans, the specifications or other Contract Documents the priority of interpretation will be as follows: Signed Contract Agreement, CONTRACTOR'S Proposal, Project Drawings or Plans, Standard City Conditions of the Construction Contract for Developer Awarded Projects, Supplementary Conditions, General Conditions, Project Specifications, Referenced Specifications." SC3.02 REFERENCE STANDARDS Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.01. SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.02. SC4.02 SUBSURFACE AND PHYSICAL CONDITION Add the following new paragraphs immediately after Paragraph 4.02.13: 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 4.04.13 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 4.06.13 in their entirety and insert the following: PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 4 of 10 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 5 of 10 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 6 of 10 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, PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 7 of 10 CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS' COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 8 of 10 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 9 of 10 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 SUPPLEMENTARY CONDITIONS Page 10 of 10 SC17.01 GIVING NOTICE Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project 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. PALMILLA SPRINGS PHASE 6A CITYPROJECT NO 103613 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 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Before Starting Construction........................................................................................................6 2.02 Preconstruction Conference.......................................................................................................... 6 2.03 Public Meeting.............................................................................................................................. 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 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 Article6 - 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 Article9 - Changes in the Work.....................................................................................................................28 9.01 Authorized Changes in the Work............................................................................................... 28 9.02 Notification to Surety..................................................................................................................28 Article 10 - Change of Contract Price; Change of Contract Time................................................................28 10.01 Change of Contract Price............................................................................................................28 10.02 Change of Contract Time............................................................................................................28 10.03 Delays..........................................................................................................................................28 Article 11- Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects........................................................................................................................29 11.02 Access to Work........................................................................................................................... 29 11.03 Tests and Inspections.................................................................................................................. 29 11.04 Uncovering Work....................................................................................................................... 30 11.05 City May Stop the Work.............................................................................................................30 11.06 Correction or Removal of Defective Work................................................................................30 11.07 Correction Period........................................................................................................................ 30 11.08 City May Correct Defective Work............................................................................................. 31 Article12 - Completion.................................................................................................................................. 32 12.01 Contractor's Warranty of Title................................................................................................... 32 12.02 Partial Utilization........................................................................................................................ 32 12.03 Final Inspection...........................................................................................................................32 12.04 Final Acceptance.........................................................................................................................33 Article 13 - Suspension of Work....................................................................................................................33 13.01 City May Suspend Work............................................................................................................ 33 Article 14 - Miscellaneous .................... 14.01 Giving Notice .................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 34 34 14.02 Computation of Times. 14.03 Cumulative Remedies.. 14.04 Survival of Obligations 14.05 Headings ....................... CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 34 34 35 35 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder 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 1. Supplementary Conditions in. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6: 00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 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. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 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 6p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be 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 parry 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 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: None 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: None Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: None 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 - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 0125 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 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 5.05.13. 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-17 Standard City Conditions of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this hoa if there is any City Participation) L'J Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDMONS — DEVELOPER AWARDED PROJECTS Revised January 10, 2013 0073 10-18 Standard City Conditions of The Construction Contract For Developer Awarded Projects Page 1S of35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. If Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Holation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is filial and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDMONS — DEVELOPER AWARDED PROJECTS Revised January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 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 4.02.13. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a parry 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, 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: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 SECTION 01 11 00 PART1- GENERAL 1.1 SUMMARY A. Section Includes: 0111UD-1 SUMMARY OF WORK Page 1 of 3 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include flu-nishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of --way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes maybe stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH P,4LAMA SPRINGS PHASE 6,1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CTTY PROJECT No. 103613 Revised December 20, 2012 Dl 11 OD-2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all nights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. S. Notify the proper representatives of the owners or occupants of the public or private lauds of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH PAL AM LA SPRINGS PHASE bA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 01 11 OD- 3 SUMMARY OF WORK Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBNUTTALSIINFORMATIONAL SUBNHTTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE INOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRASTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE C= OF FORT WORTH PALA IAA SPRINGSPlLlSE 64 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 01 25 0D - 1 SUBSTITUITON PROCEDURES SECTION 0125 40 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material maybe acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH PALALMLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C= PROJECT No. 103613 Revised July 1, 2011 01 25 OD - 2 SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Docinnents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH PALMLLLA SPRLVGS PHASE 64 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 01 25 DD - 3 SUBSTITUITON PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBNHTTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Recision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PALMLE A SPALVGS'PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 01 25 OD - 4 SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITU-HON FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specked item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City — Recommended — Recommended Not recommended Received late By — Date Remarks Date Rej ected CITY OF FORT WORTH PALARLLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CH Y PROJECT No. 103613 Revised July 1, 2011 SECTION 0131 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013119-1 PRECONSTRUCIION MEETING Page 1 of 3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements I u:1CQDr.11111MV44311WNrU.T614i111111:1*1 A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City maybe tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Pd7 AA7LLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised August 17, 2012 013119-2 PRECONSTRUCI ION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. S. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right -Of --way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals In. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MIWBE or MBEISBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH PALAIM .A SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised August 17, 2012 013119-3 PRECONSTRUCI ION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRAN--FY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PdI IML4 SPRINGSPH.ISE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No- 103613 Revised August 17, 2012 01 32 33 - 1 PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH PALMMLA,SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 0132 33 - 2 PRECONSTRUCTION VIDEO PART 3 - EXECUTION [NOT USED] Page 2 of 2 END OF SECTION Revision Log CITY OF FORT WORTH PALAEL A SSPRIIyGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 SECTION 0133 00 PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 33 00 - 1 SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) C. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents_ 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH p,}LAdgEL,f SPRINGSPMSE Cri STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 013300-2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission,13=3rd submission, C=4th submission, etc.)_ A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 '/2 inches x 11 inches_ 2. Bind shop drawings and product data sheets together. 3. order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH PALMTLLA SPRINGSPHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No- 103613 Revised December 20, 2012 013300-3 SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH P,rr.,un.L4 SPRINGSPLUSE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 013300-4 SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare parts listing and printed product warranties 12) As applicable to the Work H. Samples As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. i. submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH PALAL LL4 SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 013300-5 SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH PALV7Tr4 SPRINGSPH.ISE 64 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROTECT No. 103613 Revised December 20, 2012 013300-6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It maybe necessary to resubmit using a different manufactarerlvendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH PA AI L.A SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 013300-7 SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "REF followed by series number, "-xxx", beginning with"01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. S. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Pd7,tidML4 SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No- 103613 Revised December 20, 2012 013300-8 SUBMITTALS Page S of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K8. Working Days modified to Calendar Days CITY OF FORT WORTH PAL11dWLA SPRLVGSPHASE 6A STANDARD CONSTRUMON SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised December 20, 2012 014523 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test Occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Doctullents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another external FTP site approved by the City. CITY OF FORT WORTH PALAM- A SPRMGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised March 4, 2020 014523 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUIVMARY OF CHANGE 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH PALALUJ-4 SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised March 9, 2020 Ol 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 34 71 13 —Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Peri it is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CTrY OF FORT WORTH PALAM.L.i SPRINGSPHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When constriction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS)INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH PA7,1 MLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Pd I AIMLT SPRINGSPHlSE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 Ol 57 13 - 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fart Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (1SWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH pdLU7LLA SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 Ol 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than I acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of distlrbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Precoustruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088_ 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconswaction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH pdLU7LLA SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July I, 2011 Ol 57 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during constriction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBNHTTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE NIATERLkL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH P,rr.,tifZEL4 SPRINGSPHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July I, 2011 016000 PRODUCT REQUIREMENTS Page 1 of 2 SECTION 0150 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fart Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYNIENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https:llapps.fortworthtexas.gov/ProjectResources/ and fallowing the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH PALUH.L4 SPRINGS PHASE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised March 9, 2020 016000 PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 3/9/2020 D.V. Magana Removed reference to Bu=aw and noted that the City approved products list is accessible through the City's website. CTTY OF FORT WORTH PALAMIL.i SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised March 9, 2020 Ol 66 UD - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS INOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERLkL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH PA4LALMLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 Ol 66 OD - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' umopened containers. B. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH PALAIM i SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 Ol 66 OD - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR 1 RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Nan -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Stare products Or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH PA4LALMLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 Ol 66U0-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PAgLAII A SPREMS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 SECTION 017123 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL IRit.`ill►►►I►►►M11141 A. Section Includes: Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH P,4LMILLA SPRINGS PHASE 6 A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survev - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Sluvev The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings_ Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" —Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website)_ 3. Texas Department of Transportation (TxDDT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH PA7,1d77 LA SPRINGS PM SE dA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01— Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staling such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut. the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH P,iI.A4UJASPRINGS PHASE 6.4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains frilly responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 andfor 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater —Not Applicable CITY OF FORT WORTH PALRLY.L.T SPRINGS PHASE G 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY 1 6T1;4 *� 9'&$] 1110A ry A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.slip) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PR- i PROSPRJECT No- 03613 dA Revised February 14, 2018 CITY PRO]ECT No. 103G13 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.lft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many Underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH P,tr.ALELA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City /nay require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification_ This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3rd party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log CITY OF FORT WORTH PALVH7A SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D.7ohnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. ONvan definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration: and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Conshuction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Oven 2254; revised action and Closeout submittal requirements: added acceptable depth measurement criteria; revised list of items requiring as-b►ult survey "d►uing' and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH FA Mff A SPRWGSPLUSE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY Ol 74 23 - 1 CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaumi g products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH pALAM-LA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CTTY PROJECT No. 103613 Revised July 1. 2011 Ol 74 23 - 2 CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER FURNISHED [oR] OWNER SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR 1 RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders Of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, ail or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH P,gLAMILA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CTTY PROJECT No. 103613 Revised July 1, 2011 Ol 74 23 - 3 CLEANING Page 3 of 4 6. Handle materials in a controlled mariner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to constriction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily urn strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight -exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH PALMLELA SPRINGS PHASE 64 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. S. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PAL}IMLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 01 77 19 - 1 CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CTTY OF FORT WORTH PALAdU..A SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMEIV'I a CITY PROJECT No. 103613 Revised July I, 2011 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will snake an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH PA UML4 SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECLFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR 1 RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PAI76LE A SPRINGSPFLtSE CU STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July I, 2011 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: Ol 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division a — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that fat -Lire search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH PALALU— A SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 Ol 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 3. TO facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Proj ect Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2- PRODUCTS 2.1 OWNER -FURNISHED [ox] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH PALALff.LA SPRINGS PHASE fill STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1, 2011 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the j ob set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 7123, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH PALAL r.r,i SPRINGS PHASE bA STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103613 Revised July 1. 2011 Ol 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress Of the Work, and if entries thereon have been orderly to the approval of the City the job set of those Documents, Other than Drawings, will be accepted as final Record Documents. b. If any such Dociunent is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Reiision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH PALMLUA SP STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1. 2011 CITY PROJECTT NNoo-- 10{f3613 . SF � 36 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 02 4113 SELECTIVE SITE DEMOLITION 024113-1 SELECTIVE SITE DEMOLITION Page 1 of 5 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 3123 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 CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 103613 Revised December 20, 2012 0241 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 2 disposal, tools, equipment, labor and incidentals needed to execute work. 3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 5 Item shall be considered subsidiary to the trench and no other compensation 6 will be allowed. 7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 8 tools, equipment, labor and incidentals needed to execute work. For utility 9 projects, this Item shall be considered subsidiary to the trench and no other 10 compensation will be allowed. 11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 12 hauling, disposal, tools, equipment, labor and incidentals needed to execute 13 work. Work includes ramp landing removal. For utility projects, this Item shall 14 be considered subsidiary to the trench and no other compensation will be 15 allowed. 16 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 17 disposal, tools, equipment, labor and incidentals needed to remove improved 18 driveway by type. For utility projects, this Item shall be considered subsidiary 19 to the trench and no other compensation will be allowed. 20 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 21 equipment, labor and incidentals needed to remove fence. For utility projects, 22 this Item shall be considered subsidiary to the trench and no other 23 compensation will be allowed. 24 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 25 unloading, and storing or disposal; furnishing backfill material; backfilling the 26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 27 Item shall be considered subsidiary to the trench and no other compensation 28 will be allowed. 29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 31 needed to execute work. Sidewalk adjacent to or attached to retaining wall 32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 33 removal. For utility projects, this Item shall be considered subsidiary to the 34 trench and no other compensation will be allowed. 35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 36 equipment, labor and incidentals needed to execute work. For utility projects, 37 this Item shall be considered subsidiary to the trench and no other 38 compensation will be allowed. 39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 40 disposal, tools, equipment, labor and incidentals needed to execute work. For 41 utility projects, this Item shall be considered subsidiary to the trench and no 42 other compensation will be allowed. 43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 45 execute work. For utility projects, this Item shall be considered subsidiary to 46 the trench and no other compensation will be allowed. 47 k. Remove 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. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 103613 Revised December 20, 2012 0241 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 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 SUBMITTALSANFORMATIONAL 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 3123 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 3A.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 3A.K. 31 C. Remove ADA Ramp 32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 33 See 3.4.K. 34 2. Remove ramp to nearest existing dummy, expansion or construction joint on 35 existing sidewalk. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 103613 Revised December 20, 2012 0241 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 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. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECTNO. 103613 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0241 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 3. Break or perforate the bottom of structures to remain to prevent the entrapment of water. K. Sawcut 1. Sawing Equipment a. Power -driven b. Manufactured for the purpose of sawing pavement c. In good operating condition d. Shall not spall or fracture the pavement to the removal area 2. Sawcut perpendicular to the surface completely through existing pavement. L. Remove Signage/Barricade 1. Salvage existing materials for reuse. Materials may need to be used for reconstruction. 3.5 REPAIR [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 PALMILLA SPRINGS, PHASE 6A CITYPROJECT NO. 103613 333960-1 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 1 of 6 1 SECTION 00 02 41 2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES 3 3 APT R- GENEP AL 4 RR SUMMAPY 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 0130 — Sewer and Manhole Testing 17 RD 3 P ICE ANF 3 AYMENT 3 P OCEF UP ES 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Manholes a. Measurement 1) Measurement for this Item shall be per vertical foot of coating as measured from the bottom of the frame to the top of the bench. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per vertical foot of "Epoxy Manhole Liner" applied. c. The price bid shall include: 1) Furnishing and installing Liner as specified by the Drawings 2) Hauling 3) Disposal of excess material 4) Clean-up 5) Cleaning 6) Testing 2. Non -Manhole Structures a. Measurement 1) Measurement for this Item shall be per square foot of area where the coating is applied. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per square foot of "Epoxy Structure Liner" applied. c. The price bid shall include: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 PALMILLA SPRINGS PHASE 6A City Project No. 103613 333960-2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 2 of 6 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 RO 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 (MACE). 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 RQ AFMINISTPATI[ E PE] UIPEMENTS SNOT USEFB 32 R6 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 R4 ACTION SU/ MITTALS'INVOPMATIONAL 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 CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103613 Revised December 20, 2012 333960-3 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 3 of 6 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 R8 CLOSEOUT SU/ MITTALS !NOT USEFB 9 R9 MAINTENANCE MATEP IAL SU/ MITTALS !NOT USEF B 10 R2 1 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 RRl F ELI[ EP Y, STOP AGE, ANF HANF LING 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 RA2 VIELF !BITEBCONFITIONS 25 A. Provide confined space entry, flow diversion and/or bypass plans as necessary to 26 perform the specified work. 27 RIB WAP P ANTY 28 A. Contractor Warranty 29 1. Contractor's Warranty shall be in accordance with Division 0. 30 3APT D- 3POFUCTS 31 nR OWNEP -VUP NISHEF 5oPBOWNEP -SU3 3 LIEF 3 P OF UCTS TOT USEF B 32 DD E] UI3 MENT, 3 P OF UCT TY3 ES, MATEP IALS 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: CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103613 Revised December 20, 2012 333960-4 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 4 of 6 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 5-301-14 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 DO ACCESSOPIES 5\OT USEFB 14 DQ SOUP CE ] UALITY CONTP OL 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 0130. 24 3 APT 0 - EXECUTION 25 O.R INSTALLEP S 26 A. All installers shall be certified applicators approved by the manufacturers. 27 0.1) EXAMINATION !NOT USEF B 28 0.0 3 P E3 AP ATION 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. CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103613 Revised December 20, 2012 333960-5 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 5 of 6 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 O.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 P E3 AIP 7P ESTOP ATION RIOT USEF B 32 0.4 P E-INSTALLATION !NOT USEF B 33 0.8 VIELF 5orBSITE ] 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. CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103613 Revised December 20, 2012 333960-6 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 6 of 6 1 0.9 SYSTEM STAP TU3 !TOT USEFB 2 0.2 AFJUSTING !TOT USEFB 3 0.14 CLEANING !NOT USEFB 4 O.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 O.RD 3 P OTECTION !NOT USEF B 10 O.W MAINTENANCE !NOT USEFB 11 O.F4Q ATTACHMENTS !NOT USEFB 12 ENF OV SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 Replaced coating properties in Section 2.2 (B) with 8/16/17 C. Edwards manufacturer and product number specified by City of Fort Worth Water Department CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6A STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103613 Revised December 20, 2012 FORTWORTH, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: November 08, 2021 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11100-021 Nnro-• All .ueror nr enure. ni no- I.. rho 15 inch di�mmo-. eh�ll ho- �nmm�avl fnr new by rl"o- wNe. new rnno-nr tin a nrnio-rr eneriRr i.�cic Cneriel Mrldinn ma.. ha ro-nnired fn. en mo- n:mc Approval Spec No. Classsification Manufacturer 11odel No. Nationa I Spec Size Rater & Setter - -lanholes & BaseslCom onents 33-39-11et• 21311 O7l23A7 G 26M 041 &W 1126% 5l1305 33 05 13 Urethane HY&Mhilic Warsaw¢ Asahi ICDuGIC.IC Ad&k UtaSu111201 ASPAD224arD4120793 33 D5 13 Offer loin fm 4' D� MH Hamm Concrete P ndods Drawing Na- 35-0048-001 330513 Pro51e Gasket 5s 4'D;en, .MK PresfSeel Gasket Cup. 25G4GGasket ASTM C443/C-361 330513 HDPE 14anhde AAn mientI = Ladtech Inc EEPEAd=ftnmtR= 33 D513 Al -hole Eats...] Wrap Camnsa-cps Wxmd5eal Manhole En .Ist—SMem ss 1113 Tlaffic and Non-ea&care Water & Sewer -Manholes & Bases/Fiber-lass 33-39-13 1I8(13 1l26l99 08 30Od 33 I'llThberglass Mmhole Fund ^nor=�e+"++n, Inc- 33 39 13 Fiberglas. Manhole LP. ]f..S-t g Flowda ASTM3753 Non-na�c axes NoP- gaff c a es OS'ater& Sewer-1lianholes & Bases/Frames &Cat erslRecta r 33-DS-13 2C3l1 33 05 13 Manhole Fasces -d C Works, Bass & Ha?s Foam• 1001 24"a4" WD Water & Sewer - Manholes & Bases/Frames & Cm ei-iStandard annd 33-05-13 v 2J311 • 33 0S 13 IN hde Frames and Caoas Western Jim Wm1s. Hass& Hass Famdn• 30024 24" D.. • 33 05 13 Manhole Frames and Cooexs MaKmlw Irom wicks hic. 04f2VIS 33 05 13 MaPhoe Frames and C-xexs Neemah li—drS• 0812VI8 33 05 13 M.W. Franca and Cactus NeEmh Fotmdr5• OVIV18 330513 Mmkd. Frames a.d Cactus N...h Fotmdn• 0&2VIII 330513 M.". Frames and Caeas Ne—h Fotmdn• 3305 13 M-Wh Frain c! Caeas Stgma C.IP—t- 33 05 13 Maohde Frames and C— S_ Cm.mahm 33 05 13 Manhole Frames and Coons Pwt A -Manson 33 05 13 Manhole Frame and C— Nee.ah Casting 1fk IM 3305 13 Manhole frames and Cm [Hm. Z Po ,sal 712503 3305 13 M.". Frame; and Cmxexs Samt4—bain Prpol e�sJ 01131m 330513 30" Din MH Ring and Cora Fast Lo¢dan Ir Woks 11/02/10 330513 30" Dia ME Ring and Corer sigma Cmpoaatim 07/19/11 3305 13 30" Din MH Rigg ad C— Star Pipe Pr ffir 08110l11 330513 30" Din MH Ring and Corer Acvcast 10714/13 3305 13 30" Din MH Ring -d Corer (Enged & Lockable] Eastlordan Iron Works W01117 340513 30" Din 1H3 Ring and Corer (Hinged k Lacksble] CT SIP ind.11- 0911ffl19 330513 3("D.. MH Rmeand Cots Camnosia Access Prod¢ L.P. A 24 AM 24" D.. R-1272 ASTM A48 & AASHTO M306 24" D.. Il-165-LM mad) ASTM A49 & AASHTO M306 24" D.. NF 1274 ASTM A49 & AAMTO IA306 3(" Di.. R-1743-LM [Hinged] ASTM A49 & AASHTO M306 Rr du. MH-144N MH-143N GTE STD 24" d.. 24"d.. Hinged Dual. Ir Manhole ASTM A536 24"I]h.- RE32-ASPS 30" D.. V1432-2 axd V 1483 De m AASHr0 L006-04 30" D.. YM1651FWN & MH16502 Wm. MH32FTWSS-DC 30" Di. 2N)700 HmW Ddp mth Gaska Rine 30" Dia 30" ERGO XL As Lly .irk C— Lokd"ICff-G.}et ASSHTOMIOS&ASTMA536 30"Ilna 2230(32") ASTMA43 30"D.. CAP0143-30-FrW,C P" &. ,WLod wdo Hma 30• Dia. • 11,1511 Manhole team. and Cmras P.t-A-M-- P—Imh 24"D.. • 33 05 13 Manhole Frames and Caems Ne..h C.sting 24' Di.. • 3305 13 Manhole Framesand Cads Westa-m Troy Wads Bass &Haw Foomdn 3OD-24P 24" D.. • 33 05 13 Manhole Frame and Cads McK kv1rom Works h1c. WPA24AM 24" D.. 03:02:00 33 05 13 Manhole Frames and Cods A¢vcast RG2100 ASTM A 48 24" D.. 04 ^] Ol 3305 13 Manhole Frames and Cases [smse acme n•�Pms LLL 300-24-23.75 Ring and Cos- ASTMA48 24" D.. 3Vater & Sewer -]]Manholes & Base&Trerast Concrete et 118?13 • 33 39 10 M- We Precast C®cr Hvd.. Coxd¢t CuP SPL Itm A49 ASTMC 478 48" 33 39 10 Manhole, Precast Concrete Wall Cwneb• Pore C.. Inc ASTM C443 48•' OA 23196 33 39 1D Manhole Precast Concrete Concrete R—bIrt Inc 48" LD. Manhole wl 32" C ASTM C 478 41r w32" cane 059WIS 33 39 10 M-M, Preast Concrete The Tbmer C..mw 48", W" LD. Manhole xf 327 Cone ASTM C 478 48", W" 1027M6 33 39 1D Manhoe Precast Concrete okk-de Precan Inc 48" ID. Manhoe wl 24"C— ASFM C 478 48" Eld— 24" Rine 069WI0 33 39 10 Manhole Precast (R.nlb -"d Pol]merlConcrete LS Compmu Pipe R",,.A—d MI- Con . ASTMC-76 48" to 72" 099WI9 33 39 20 Manhole Precast Concrete Fat— Rp. and Precast W" & 72" I.D. M—bDle m32" Cie ASTMG76 60" k 72" 1Q70 m 1 32 39 2D Precast Comcrae F�a PW, and Pxecasi 48" ID. If-b.Ie W32" Cone ASTMC-77 41r 1Wwm 33 39 20 Precast Cora AI— a 48" & 6D" I.D. Manhole w.'32" Ccme 48" & dD" 10'WM 33 39 20 Manhole. Precast ioi P.1ana & PVC Predl S t",< 48" & 60" I.D. Manhole wl32" Cie 49" & 6V • E1-14 M."d Rehab SSstems Quadea 04f231G1 E1-14 Manhole Rebab Si terns S_dard C¢meot M.te .h, Inc. R.1_LISP E1-14 M-We Rebab Slstems AP31 Pexmaform 42041 E1-14 M.". Rebab Si tern stre.e C�-v Strong SE.] M92A Rehab Swb.. mM3 E1-14 Manbole Rehab St (L.wer) Pdw¢ip]- TeJ.6. ies MH r .od t w rt in57nana¢ ASTM D5813 0&3wm General Comaete Repair FI-KHte Terlxnalogja I ryl Pd9a9s R�mir Product M.. U. Water & sewer-llfanholes & Bases/Rehab Si-Stems)NIInC.ement[tlons 05l2WA E1-14 Manhole Rebate S?srems sm-1 ap, Snml'Mall P Y—th—C— Mg ASTM D63%D790 • E1-14 Manhoe Rehab Slstems S—C-A For Ex[errar Coating ofCa i. 12l14101 Coatme for Cmzsaw nmte bMf6 de a ER= Saxes 20230 and 2100 (Amhat. Em.1-1 St xct_ 0.1v 01 3IM6 Cactu S r C Protecnan cak s coon Arc 791, S1HB, Sl, S2 Add Pasismnce Iest Sewer Applrcado.e I a2 vmm C.U.J;i Sv CmxPSrm P.X.U.. wave¢ Ern -menial 5-301 and 11-301 Sewer Appl Cations 08 S IT 6 Coatmes fur C— Pmtechan Cat.&& SLS 30 solids Flay sewer /lnlica, 33 OS 16, 33 3) 10, RRdeC Dampp¢oofmg Noo-Yr6aed Speay Ftr Ha[entr g (.otiose 03l14l18 333920 Coating for C-6- Pmteti®(Eateriori Shaw•. Viah s (4a CAmhaliCE..L—j Stmd-0.lr • From Original Snrbda rd Products list 1 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11100-021 Note: All water or sewer 12iQe lar er than 15 inch diameter shall be aeproved forum by the WalerDepartment on a L3roject !12ecificbasm SL3ecial beddi M2X be required For some Lmpem Approval Spec No. Classsification Manufacturer Model No. National Spec Size ' 33 05 13 Manhole InPet Kn» tsca'_ bE --- Bade to Order - Plastic ASTM D 124r Fa 24" des. 33 OS 13 Manho a Ins¢ smith Western Pactaeiog m.& to order - Plas ASTM D 1248 F¢ 24" d a. • 33 05 13 IM-Lde Insnt N& -Iffiow Made m Order - Plastic ASTM D 124r F. 24" des. awni96 33 05 13 1 11—le rnmrf So ffi—t— Pahmg& Se la. Inc. Lalesacm - St wdn Steel Fa 24" &s. OW23M 33 D5 13 Im—we Inset Somb—t— Pa king &Seas In . Ted—Lok - st-ksa sa el F. 24" din Water & Sewer -Woe Casing Spacers 33-05-24 (07101113) 11*vm Steel Band Casing Spaces Ademced Prodc wand Sysems, Inc Cacti Sorel Spces, Model SI ODM93 Sinmler Steel Cam space Advanced Pr do m-d Systems, Inc. Stainless Steel Space, Model SM M122l87 Ca9ng Spaces Cascade Wet—ka][smafamning C-ing Spaces o9114lio a^tamle steel Casing Sparxr Pipdine Sea] and Insulator Stemless Steel Cavng spacer Up to 48" 119l14J10 Coated Steel Ca -a spaces Pipeline Sea] and Insulator Cooled Steel Casm Spacers Up m48" 05Jlwll smanl— steel Castag spacer Po ,es] 4210 Pwxrcbnk Up to 48" o3J14J18 Ca9ng Spaces BWM ss-12 Canng 4mca0standem steel) 03/14/18 Canng Spacers BWM FB-12 Caamg Spacer (C tad Caxbcm Steel) fw Nm-F—e ft. and Grouted Casing Water R Sewer - Piues Ductile Iron 33-11-10f1l8l133 • 33 11 10 h-fi a Iron Pipe G ff. Pipe PF doins, Ca. 'bpa Hell-Ew Dumle Irm Pressure Pipe, A � C`17 3" Writ 24" 087241r 33 11 10 Ilomle Bm Pipe Anaaican Domle arm Pipe Co. Arne —Fasdre Pipe CBell Sp po ,Kj L151 4" d m 30" OSf2418 • 331110 `Domle rrm Pipe 331110 ➢—tile irm Pipe American Doodlelrm Pipe Co. U.S. Pipe sad Foundry Ca A—Fles Rug[Restrained lmm) AWWA Cl5 C151 AWWACI C151 4"Writ 30" • 33 11 10 b-ble Iron Pipe 1kw— Cast Iron Pipe Co. AW WA C150, C151 Rrater & Setter-Ufilitc Line _llarker M24120181 Sewer - Coafin s!E 33-3" 011U8113 0&m5m Lining Srsman saueretsea Inc S—C—d 210R5 LA Cun #210-1.33 12l14l01 L n ng Srstem Ert h Technical C c ti BrmcL 20M and 21D0 Sies (M 14M5 Io cx Ducdlelnn Pipe Cuadaa Ind.— Pro c, 401 ASTMH-117 Domle lrm Pipe Ouly 0131:06 Coanne5 far Caaranm PmRcaan Chatumloa Arc 791, S1HB, Sl, 52 Add Rssismnce Test Seca Apphca=. Sr29 M06 Coatiaes for CDaprion Pmtecdpu W-- Bmv wmmtd S-301 and M-301 Sean Avplicadaas Sewer - CoatinaslPoh-urethane Setter - Combination Air Valves 05:25: 1s I 33-31-7-0 r Ze .. C'ahe Alta. USA Inc. D025LTP02[C ; ,m BDdv) 2" Sewer -Pi es! oncrete • EI-09 Pme, Reinfnrced Wall Cwnreur Pore Cv. I— ASTM C 76 • BI-04 �C— Cmc. Pcm neiaf seed Hl&v Cmdad Corpma ion - ..: . _ - -.:... _ ASTM C a6 BI-04 Cmc. Pme Beinfnrced Hannon Coaae4a Pr.ho si m i _ . _ 6 ASTM C 76 m-04 Coat. Pme, ne nfnrced Connee Pipe & Prpbcte Ca. Inc. ASTM C 76 1 5y [en PIM Co pore mn Cmp., Pm-t. War,N.I. Approved P—iomly -.M Systems I I MCLat t:.�.a,..,,m t=__e H—M Teaas I Ap ,el Preefoo.IV TRS SYan�s Tremchlen Replacement Svst Polyethv3¢ne C.Iguy Cmada Am—.1 Preciously Sewer- PiuelFiberglass Reinforced Pine 33-31-13(1)811,11 1. 1111 13 C.L. Cast Fiberglass IT, P Hpbas Pipe LSA Inc. Hobos Pipe [Non-Presame) ASTM D32W D3754 03122l10 333113 bbeglasa Pive (FPM Amerau Hoods andRRSP Pa a ASTM D3262A13754 04MW21 films -Fiber Be mf=ed Pohm Pme [FRP] Thamysm P ye Cttooy Tk� Pipe [Flowdm] ASTM D3267JD3754 V1495 Polymer hfotfied Caseate Pipe Amdt hUSA 1rfrw Pohveur Pme ASTMC33,A276,F477 8"m 102", Class 1r 0609'10 El-9 R—furred PDlrmer Couaete Ppe LE CDmpo� Pipe R-f—ed Poh—G Ae Pipe ASTMG76 Semr - PinesIHDPE 33-31-23(118I13) • Higi-dmmv Pohxmaleme pipe Phis DdKc� far. Ocx cv Dum1e PD1geWpm¢e Pipe ASTMD 1249 8" Iuxr' ''°^",trpoh-.h,14 a pipe Pl—h- ASTM D 1248 8" IHwh�d—Wcd,em,t—pipe Pa1WPipe,Inc ASTM D1248 S" IHighdennty Polya&mteae pipe CSR Hydro CumduvPmel,"o SNs HcCom—ll Pipe EmLarg•,.,m. ASTMD 1248 10l22114 I 33-11-12 JDR-14 n-C P— Pipe I Royal Bmldmg Pmdc r I Royal seal PVC Paesmre Pipe I AR'WA CDOO I 4" d-12" I • From Original Snrbda rd Product list FORT WORTH. Note: All water or sewer CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall he aooroved for use by the Water Department on a he reauired For some Updated: 11100-021 • 33-31-20 PVC Sewer Pine I-M -1",.,.6n. U Ca., Inc. [IM Eagle) SDR-26 ASTM D 3034 4" - 1r 12133y7• 33-31-20 PVC Sewer Pine D—nd PLwUu Caapmb= EDR-26 ASTMD 3034 T thm 15" • 33-31-20 PVC Sewer Pme Lamscm Lidos Pipe ASTM F 789 T tbm 15" O111g11g 33-31-20 PVC Sewer Pine 4'mvlt h Pl"C Pipe G—n T Sewer ASTM D3034 4" tLm 15" lifilm 33-31-20 PVC Sewer Pme D-amdPlastia Corpasdm 'S"Gravdl•Seaer Pipe ASrM F679 13"tu27" • 33-31-20 PVC Sewer Pine I-M Manafacnuine C., Inc VM Far3e1 SDR 26135 PS 115146 ASTM F 679 is -23" 0921112 33-31-20 PVC Sewer Pine Pi ]ire Yet su_ SDR-26 and SDR-35 ASTMF-67P it 05m6'05 33-31-20 PLC Solid W.H Pipe Dosed Ptsstics Cor1otatKY3. SDR 26135 PS 115146 ASTMF47P lg" to 43" 04f27106 33-31-20 FCC Sewer Fitmg H—o SM-26 and SDR-35 G.Ai FiUr ASTM D-3034 D-1794 erc 4" - lr • 33-31-20 PVC Sewer Fitungy Plastic Trends, Ibc C d.g d PVC Sewer M—Frames ASTMID 3034 31192013 333120 FCC Sewn Pore Pge]1fB let Stream SDR 35 A'TM F679 lr_ 24" 3+19RO13 333120 PVC Sewer Roe Pq lire let Strom SDR 26 ASTM D3034 4"-15' 3,29,2019 333120 r d—Flmngs"I GPIM Prpd-r, I� EDR26 ASTMD30340-079 4"-15" 10f2112020 33 3l 2D PVC Sew¢ Roe NAPCO SDR 26 ASTM D3034 4' -15' 10'2212020 333121D PVC Sewer pipe Saud—oa Pioe Corp. SDR26 ASTM D3034 4"-15" 101211202E 333120 PVC Sewer Pine NAPOO SDR 2W35 PS 115A6 ASTMFfi79 Ir- 36" • Cmed nPace Ppe Iasn�em Teaffik 1. ALS.111116 050399 Cued m Place Pipe Nati®al 3mdmtech Gmoo Nanund L—,(SPL)bem#27 ASTMF-12161D-5813 05129/96 Cued nPhre Pine Reynddsn T1h—T-bdp(bd LS%) idlyTrmlagy ASTMF 1216 f,pld and Form Pipe cumin Pipe SWMMLS, 1- 1 l: 0,3 03 Fptd and Form Pipe Ted —byes, Inc IMimfa-m "NnPlpe" A5TM F-IS04 Fyld and Fun Pipe n— Pine & Plastics, Inc. Demo. Pug—e Omly I 12 E400 Fold and Fum Pipe nmau..a VhFal—PVCAkn Pipelmer ASTM F-1504,1871, 1367 06'M3 Fdd and F- Pipe hEDa Pipele C-p. EX Mefl d ASTM F-1504 F-1947 Up to 1211 da meru Sewer - PipeslODeu Profile Large Diameter GW2"l &100-2 PVC Sauter Pine P2.b d I.—Ii3oe Pipe Carlin V�dm I -LC. Cksed Profile Pipe, ASTM F679 19" to4g" 0912&91 BIW2 PVC Sewer Pnse Rbhed Batmrim Ted..Joeaes Inc. L7na-Rrb Oo Prdle Sewer Pi ASTM F679 lg" to 49" BIW2 PVC Sews Pmc Rabbed tiponu ETI CampapY 11/10/10 (B1002) pd7pmpylene [PPl Sewer Pipe Doable Wall Advanced Drainaee Systems CADS) 9—Tite HP Double WsB(Cmrwro d) ASTMF 27.36 24'-30" 11/1(/10 [BIW2] Pdruc-1 ne rPPI sewer Pipe Trinle Watt Advanced Dmmaee Systems CADS) SanfFu�BP TYh0e Wall Pine ASTMF 2764 30" to 60" 05/16/11 Steel Re nfaced Poiwthvleae Pipe CmIech ConAnElim Products Eh— ASTMF 2562 24" to 72" Water - Aputiftextawes 33-12-10 07101113 0111g118 33-12-10 ppuNe Strop Sadde R.amac 202NS Nv1oa Coated AWWA :8M 1"-2" WC, tin to 24" Pipe 0312g102 Ppoble Strap Saddle Smdh Blss #317 N71—C-s d DouLOe Snap Saddle I E7123112 33-12-10 Ppme Strap Sersue Saddle Mueller Company DR2S Doable (SS) Spay DI Saddle AWWAC800 l'-r SVC imto 24" Pipe 10127W7 Cub Stops -Hall Met Cakes McDonald 6100K61DOMI & 616MT 3Fr and 1" 10'27PS7 Cub Stp Fall Mai 4 l— McDonald 46033, 460413, 6100K 6100TM ad 6101M 1%' and 2" FB600.7NL, FB1600-7 NL, FV23--M W-N4 SIL4f20l. 3}12-10 Cub Stops -Hall Meter Cakes Fad Met Boar—,Iac L22-77NL AWWACM 2" FB600-GNL F131600-&NL, FV23-66&W- SfL4201g 3112-10 Cmb Smps-Hall Meter Va11- Ford Meter Boc Cu.,I— N[,L22-62IIL AWWAC800 1-IQ" F3600.4NL, FB160ti4NL, B11444WR- 5/24201 g 3}12-10 Cub Stops -Hal Mrffi Valses Fad Me Boer—, Inc NC, B22444WR--NL, L2344NL. AW WA CBM 1" 1-25000N, 524277N-3, B-202DON-3, B- AW WA C3W, ANSF 61, S/25201 g 3}12-10 Cub Stin s Ball M� Val re Mueller Co., Ltd 150OON„ H-1552M H142276N ANSYMF 372 2" B-250M, B-202WN-3,B-242TIN-3,H- AW WA CM, ANSF 61, SI75ROl. 33-12-10 Cub st p Fall if a Cakes Mvelb. Cu. Ltd 15OWN 11-14276N 11-15525N ANMNEF 372 1-in" 3-25D0(FN, 3-20200N-3,W150WN, H- AW WA C800, ANSF 61, SfL420l. I .11.0 Cmb StaPs-B®I1 Meter Va11- M.D. Cu., Ltd 15530N ANUINSF 372 1" 01Q&W Coated Tapping Saddle with Double SS Straps 1CM I ffiLlm� h.. "M Double Bad SS Saddle 1"-2' Taps on w 12" 0 N2V12 33-12-25 TamaK Skeve [Coated Steel) ICM iat= , I.. 412 Tappiw St—HSS AW WA C-223 ifp m 30" w112" Opt 0511071 Tawine Sk— [Stainless Steen Powerseal 34DDAS a4aaR4 & 349M9 4'-V end 16" ON29112 33-12-25 Taoolue Slee a rCmted Steel Ranac FTS 420 AW WA C-223 Unto 42" wl24" Om OMPg2 33_12-25 T-Mux 51eete [Sta-1— Steel] Ro— 5ST St udW Steel AW WA C-223 Up m24' WIT Ord UMM2 33-12-25 Tapping 91— [Stainless Steel] Ranac 5ST m Sndaless Steel AW WA C-223 up m 30" w112" Out 05(10111 Soul Repair Clamp Poo ,ea] 3232 BeB I ma R—xr 0l 4' m 30' Plastic Mau Boa wXmx:lmte Lid Dvwptastialuc. DFW37C-12-1EPAFFTW Plastic Me B—WC—p ite Lid DFWPNAs Lic. DFW39C-12-1EPAFFTW Da13aa6 Plastic Meer B—WlC—price Ild DFWPNAs Lic. DFW65C-14-1EPAFFrW Class"A" Cmaete lde . E- Bass & ffsw CAM7-B12 111910-P Cmaete -Meter Bea Hass & Hays CMB-18-D d 1416 LIIl9 Connate }Meter Bus Hass&Hays CMB6541651527LII)9 • From Original Standa rd Product list FORT WORTH. Note: All water or sewer CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall he aooroved for use by the Water Deuartment on a For some Updated: 11100-021 E 1-11 Cmabmt—Ar Rea— Vahre G4 h k=ies, Inc. Hp —A. snd Vanman Vah,�, Modd 935 ASTM A 126 Class R ASEM A 1' & 2" 244) - Hint, ASEM A 307-C EnlaA • • E1-11 E1-11 C®Mond—Aa RA.. Vah Comhmi—Aa RAmw Valve Mvtnpleac SiamaS rnmna C. V ahe and Paimer Corp. C,,q— Au and V—Valces, Msdel No. APCO #143C, #145C and#147C 1!2" 1'4% 2' 1", 2" c 3" Water - Dr v Barrel Fire Hvdrants 33-1240 (01/15114) 1"IX7 &1-12 Pry P— l Fire Hydrant A—Dar15n [valve Drat®ANvs. 90-13M,9, P41&Ag AW WA C-502 0331M E-1-12 Pr� Hand Fae Hydrant Amm,.nn Darling Vahe Shay Draseng Na 94-197P I AWWA C-502 I 09f30f87 1s-1-12 pry Hand F¢e Hy&.t Clow Capuati- Shop DTawmg No. D-19S95 AWWA C-502 01fmP3 E-1-12 P, Hand Fae Hydrant A— AVE Co Model 2700 AWWA C-502 0104'88 E-1-12 Arr3—AFae Hydrant Clow Cag—atim Dra� D20435, D20436,132O506 AWWA C-502 E-1-12 .7ry3mAFire Hydrant =I.nedy Vah� Shop D..=No. D-00783FW AWWA C-502 OW24197 111-12 Arvaurel Fae Hydrant hf&HVahe Cva$anr Shw Draw ng Nv-13476 AWWA C-502 Shop Thawing: Nv. 6461 1&'1918T 13-1-12 Ppy3—dF-Hydrant 34neller Ca.Panr A-423 C—ion AWWA C-502 Shop Drawing FE-12 01/15/88 El-lE Prv3=AFm Hydrant Iftmer Cq A-423 Steer Cmtmkm 20D AWWA C-502 1&'09'87 E-1-12 Ay3—AFae Hydrant U.S. Poe&Fomdn• Shay M—w No. P60250 AIVWA C-502 09V 16197 19-1-12 Dry Ek—AR¢ Hydrant Wat—C— 9— Iketeme Na M740203 AIVWA C-502 08112fl6 33-1240 Dry3—AFm Hydrant ET(Ra lasdan I —Weeks) Wa Mma. 5CD250 I 08f01M15f04 I E101-= I �enc Dris�Gatical T�t�e I Ames�C�any I Model Detector VI,,I AW WA CIO CIes 1 I 3f4' 14" Watei - Pi eslPVC(Pressure Rater 33-31-70 fOU031131 AWWA C900, AWWA C6M, Wll.18 .1-12 PL-C Presage Pipe 4EIyltec11 PVC Pipe ER14 ASTMD1794 4"-12" 3+19TAIS 331112 PL"C Presage pipe PWALfe le[ Su_ IHt14 AW WACsm 4"-12" 3+19TAIS 331112 PL"C Fre—Pipe PWeliie le[ Stream DR18 AWWACsm 16•-24" S25f10]i 331112 PVC Presmne Pme DanamdPluft.17aporaum DR 14 AWWAC9W 4"-12" V251d01S 331112 PL"C Fre—Pipe DrammdPlastirs CuFararim DR 1S AWWACsm 16•-24" AWWAC900-16 1216RO1i 311112 PVC Pressm:e Pipe I-M 11—facimmg Cv., Inc &W. IM Eagle DR. 14 ANSLNSF 61 4"-23" FM 1612 AW WA C90&I6 JL 129561 12+62D1S 331112 PL"C Presage Pipe I-M ManuS dining Ca, Inc dMa IM Eagle DR. 18 A 16•-24" PM 1612 9162D 19 331112 PL"C Fre — Pipe Dndergramd Sahmnns Inc. DR14 Fnsdile PVC AWWA CDDO 4" - S" 9f62019 311112 P'VC Pre —Pipe NAPCO DRIB AWWA C900 14"-24" 9162D 19 33 11 12 PL"C Pre — Pipe NAPCO DR14 AWWA C900 4"-12" 9fww 19 33 11 12 FVC Pressane Pipe Sandersm Pipe Cuap. DR14 AWWA C990 4"-12" Rater - PiDesTal es & FittingslDuctile Iron Fittings 33-11-11 (01/08!13] 07,23;92 EI-07 Duculelrm Rmngs Sur Pipe P—b=, Inc. Dk h—a Jaud Firtmgs AWWAC153&Cll0 • E1-07 yycffle rrm R=gs Caffim Ave Prnd-�, Cv. M >—C.1 Jcant I� AW WA C IID • RI-07 nle Iron Fgongs MCW-VTvfa Pipet[lmm Utilities Da-uim M 1--: Imm Prt mgs, 350 AW WAC 153, C 110, C 111 08/11/98 EI-07 lelronF nn¢s Sums Ca. MahAa,rAt lmm Pnnng; SSE Class 351 AWWAC 153 C110 C112 OM&14 EI-07 FMWng9 Anvras[ C7ass350C-153 Iu Fittings AWWAC153 4"-12" Wf19f98 RI-07 PIR'Lelronlaw Rmuamts Ford Eietff Eor Colfl—FIMJgE Um-Flmge Series 1400 AWWACIlIC153 4'm36' 05fl4l98 E1-24 PVC Lunt ResoainIs Ford Haan: Boa: Co_lflao-Fhe Um -flange` 1500 C-k-L°dc AWWAC111C153 4"tv 24" 11109'04 El-07 j4pm7e Iron Ivma Restra n One Hole, 1— O¢e Bolt ResTamedJ iw Fim g AW WA CIILC11&C153 4' m 12' 0&29f 12 33-11-11 PWige Iron Pipe MfYhna, d leant Re n= EBAA ]rra Inc 3ieping Series 110D (k. DI Pipe} AW WA CHLCI M1C153 4' m 42' 02+24112 33-11-11 PCC Pipe bfechanicallmnt Restramr EBeL41� Dar. M.plog Series 20M(f. PST Pipe) AWWAC1111C116.+CI53 4'tv 24' 08105f04 EI-07 Mechaay.l km� Retaner Gtmds(PVC) mg— Cv. Sigma One -Ink SLC4- SLC14) AW WA CIlIC153 4' tv lfl' 03f06119 33-11-11 IMechanirk Jam. Retainer Cdands(PVQ Sums, Ca. &gins 0are-1.nr SGCS4- nES12 AW WA C111C153 4' m 1Z' 08105f04 EI-07 IM t.—a Suit Retaner Cdand.s[PVM Sums, Cv. SigaOne-Lak SLCE AVIWACIlIC153 12"m24" 0811wx EI-07 IMT�+iI {DIPI Sigma Ca. `tea O-IukSteE AWWAC153 4'-24' 10'12f 10 E1-24 Ialer hest a ned Joint Sustain S & H Technoal Protects Hplldog Slswm (D—d Lot 21 a:IM AS7M F-1624 4" m 12' 08/16/06 El-07 Mani echcal Suit Fimn S@ ... :: _,- .. _ M h—A Juu Fdtnp AWWAC153 4'm24' llfGT16 }}11-11 (Mechanical lvim Fetaner Gtanb Star Pipe ProdwLs lu. PLC S=grP` 40M ASMA536AVIWACIII 1lf07f l6 3}11-11 han L Jvma Retainer CA-& Star PA- Prvdocts Inc. DIP Stargip Sen' 3000 AS�M A536 AVIWA C I l l 03fl9f18 33-11-11 IMe Mrcapical Soma Reteinez Gtan& S@:: ...'_�.. .. _ BZ (FiP Joint Rest rid(EZD) Black Fce DIP ASrMA536AWWAC111 3"43" EZ Crop]min Rstr=(EZD) Fed 6a C900 03/14/18 3}11-11 Mechanical Soma Retainer Cdan& S@T ..: _ /.. DR14 PVC Pipe ASI'ES A536 AWWA Clll 4"-12" 03f19f18 }}11-11 3dechaniral Soma Retainer Ciland; SIP H2 CkW Scent Rif(EZD)Rffifor CM ASTMA536AWWAC111 16•-24" I DR1S PVC Pipe • From Original Standa rd Product list FORT WORTH. Note: All water or sewer CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 15 inch diameter shall he aooroved for use by the Water Deoar tment on a he reauired For some Updated: 11100-021 I I Water - FiDe-VI alve5 & 1'1tnnaslKeSMe11t Seated Gate F alve' 33-12— 1 ..3-14 3, I III HesiUi Wdud Gate Vhe Wno Gars A— F1aw Co trd Series 2SOO Drnnne 094-20247 16" 12fl3f02 Resilimr Wedge Gate Sake A— Flvw Coed Series 2530-d Si. 253E AWWA C515 30"aad36" OV31199 R fl.= Wedge Gate V alce American Flaw Cmttal Series 2520 & 2524 (SD 94-20255) AW WA C515 201-d 24" 0511E199 Re<�li Wedge Gate Vah a� Flaw Cmtrd Sees 2516[SD 94-20247) AWWA C515 16" 10124M B1-26 Reg Wedge Gate Vahe Amerirna Flaw Coutrd Series2500(D-Ule Irm) AWWAC515 4"m12" OM105M4 R.L-t Wedge GateV atce American Flaw Cmtrd 42" and 49" AFC 2500 AW WA C515 42" ad 4lr 05123/91 E1-26 Resilient Wedge CiaeVshe American AVE C— n—ASKReshr S-dad GV AWWAC509 4"ter 12" 01129f02 E1-26 Resilient Wedge Gate Vahe American AVE Cempany 2F dsmaller • E1-26 Resilient Seated Gaye Cake K—Edr 4'-127 • E1-26 Resilient Seated Gsw V aloe M&H 4' - 127 • E1-26 Resilient Seated Gate V ale 3Ano»m Co. 47 - 127 11/00/99 RgsAl Wedge Gate Valve Mueuer Ca. Series A2361[SD6647y AWWA C515 16• O1123103 Resilient Wedge Gate Valve ]layer Ca Si- A2360 f¢1E"-24'(SD 6709) AWWA C515 24'sad-1s0er 05113 05 Resilient Wedge Gate V ahe Mueller Ca. Moeller 3V a 36`, C-515 AW WA C515 30' and 36" 013llM Resilient Wedge Gate Vshe Mueller Ca. Moeller 42".& Mr C-515 AWWAC515 42"and48" 0112M E1-26 Resilient Wedge Gate Vahe Clore Vrate Co. AWWA C509 4"-12" 1WOV94 P-i -t Wedge Gate Aahe Clow Vann Co. 19 RS GV (SD D-20995) AW WACSIS 16" 11M,99 E1-26 Re hmt Wedge Gate Vahe Claw Mahe Co. Clow RW Valve (SE) D-21652y AW WAC515 24" and smaller 11129104 Resilient Wedge Gate Vahe Clow Valve Ca. CIaw3(r & 36' C-515 AWWA C515 34' and 36" (N to 31 1113(/12 Resih A'edge GateV.M cl-Saheca Clow V.1-Model 2639 AWWAC515 24"to49"Jjjate 3) O1101111 E1-26 R-dieut Seal Gate Valve Stadrham Sal* At Fittings AWWA C 509ANSI 420 - atem, 4" -1il ASTM A 77d Type 304 - 3dm & • E 1-26 Resffimt Seated Gaw V ah U.S. PT. and Fomd<y Ca. lSermsea1250, SPL 474 3' to 16" 1026116 33-12-20 Resilient Seated Gate V alvre B3 [Fast Imdeu Iraq Wa Ax) EF FI-M.MI Gate VA. & Bose M4111 Malro Gate Vohs Mamo-N— 225 MR AWWA)A2MC1151An21.15 4• Iv 161 I � Witte" - Pinesfyalces & Fit inl slRubber Sealed Sutterq Valve 33-12-21 MMQ/141 � � I E1-30 Rutter Seated R=erHy4ah Eke Pratt Co. AWWAC-504 24" • E1-30 Rubber Seated B .f1Y V abre M..uer Ca. AWWA C-504 24"ana:maner 1111'99 E1-30 Rubber Seated ButterHs V slue Deffi k Val- Co. AWWA C-504 24" and hFg. 061121(l3 E1-30 Vdlmanc Amonrn" ButWflv Valve V ah-a V alvn and Mmafa +ys C� AW WA C-504 UP m M" d� ovo6'[17 E1-30 Rtabber Seated BiM.07 Sabre M&H Value M&H Style 4500 R 1450 AWWA C-504 24" to 49" o3119118 I 33 12 21 Rubber Seated BimerHv Sate G. A. I dmm. (Cmlden And—) AWWA C504 E.H flY Valle AUWA C-504 30"-54" Plead Padrepang Fvl[aa Enterprises AWWA C105 Smil LLD 05r12r05 E1-13 Pol?eth?6eaeE sment 05112M5 E1-13 Polyethylene E-HMMt �fgn State Plastics GASP) and AHP led Standard Hardware AWWAC105 R diim 05MM5 B1-13 Pohethylene Enca�ent ABP uftLltl K B.LLaw=by C-t—Bdr&Gasket AWWAC105 Rmil LLD 09M&19 33-11-11 PolyethyleneE—ent mw&town Prodot, Inc. PEEncasememf DIP AWWAC105 Emil LID I _ Afel' - 5aIDD1111 tation 3;1106 aterSamPlma Statim I WaterM M. I B21) Waz SatfliagSmtim I Rater -Automatic Flusher HG6-A-IN-2-SRN-r wwra.nble) 102112o Asrtmsated Floehiag Sys Siaeller Hydrnguax3 HIMA-IN-2-PVC-01s-LPtd'O. mot) WlOA21 Asrtomated Floehmg Sys Knpferle Fom Company RcHE-M00ac D11LI9.'21 Awcmated Floshiug Sysam K pfide Food Company Bdk a k'9700(Portable) • From Original Standa rd Product list FORT WORTHO CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST PAGE 1 OF 3 Updated: 03/19/2021 9/28/2018 3305 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD) MHRC #220605 ASTM A48 AASHTO M306 **24" Dia 9/28/2018 3305 13 Manhole Cover Neenah Foundry NF-1274-T91 ASTM A48 AASHTO M306 32" Dia 9/28/2018 3305 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged) ASTM A48 AASHTO M306 32" Dia 9/28/2018 3305 13 Manhole Frame Neenah Foundry NF-1930-30 ASTM A48 AASHTO M306 32 25" Din 9/28/2018 3305 13 Manhole Frames and Covers Neenah Foundry R-1743-HV ASTM A48 AASHTO M306 32" Dia 4/3/2019 3305 13 Manhole Frames and Covers SIP Industries ++ 2279ST ASTM A48 AASHTO M306 **24" Din 4/3/2019 3305 13 Manhole Frames and Covers SIP Industries ++ 2280ST ASTM A48 AASHTO M306 32" Dia 10/8/2020 3305 13 Manhole Frames and Covers EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A ASTM A536 AASHTO M306 32 25" Din **Note: All new development and new installation mahnole lids shall meet the minimum 304nch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. * From Original Standard Products List FORT WDRTH,.) CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST PAGE 2 OF 3 Updated: 10/13/21 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 FRT4X4-409-PRECAST-TOP ASTM C913 4' X 4' 10/08/20 33 39 20 Manhole Forterrra FRT4X4-409-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 Forterrm 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 TPG4X4-409-PRECAST TOP ASTM 615 4' X 4' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG4X4-409-PRECAST BASE ASTM 615 4' X 4' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4412-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-5X5412-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-6X6412-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 TX 7' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE ASTM 615 TX 7' 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7412-PRECAST 4-FT RISER ASTM 615 TX 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-8X8412-PRECAST 5-FT RISER ASTM 615 8' X 8' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4408-PRECAST INLET ASTM 615 4' X 4' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5408-PRECAST INLET ASTM 615 5' X 5' 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6408-PRECAST INLET ASTM 615 6' X 6' **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. * From Original Standard Products List FORT WORTH,, 4/9/2021 3341 13 Storm Drain Pipes CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST PAGE 3 OF 3 Advanced Drainage Systems, lnc (ADS) ADS HP Storm Polypropylene (PP) Pipe Updated: 04/14/21 ASTM F2881 & AASHTO M330 12" - 60"