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Home My WebLink AboutContract 57128-PM1CSC Na. 57128-PM 1 Fa RT'�V� RT H F'�UJECT MAIYUAL FQR THE CUNSTRUC'�'IUN �F M�RNINGSTAIx � SECTY[�i�i 10, PHASE 1 IPRCal-[iQ84, City Project No.: IU3488, FID Nn.: 3U11�-U20d431-10348&E07685, Plaa File No.: W-27$6, J�t-Z7�12 Mattic Parker payid Coake Mayar City Manager Christt�pher P. Harder, 1'.�:. Uireciar, Vliater Department William ]ahnsan I]irectar, Transpariation and Publ�c Wnrks fJepartment Morningstar Municipal Lliilit� District 'Fhe City aF Fort Wurth �� V� i�� E nu :�wE�r �fEr.�t ; I tis 1308 Norwood ❑ri►+e, 5uite 2b0 Bedford, Texas 76022 NQV�MgER 2021 00 00 00 STANDARD CONSTRUCTIOtJ SPECIPICATION DOC[iML-TITS Page i of 6 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH MORNINGSTAR — SECTION f 0, PHAS6 1 STANDARD CONSTRUCTION SPGCIFICATION DOCUMENTS — DGVELOPER AWARDED PROJECT CITY PROJ. No.:103488 Revised March 20, 2d20 00 00 00 STANDARD CO1dSTRUCTiON SPECtFICATiON DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Praject; hard copies are inclnded in the Project's Contrac� Documents NONE C1TY OF FORT WORTii MORNFNGSTAR — SECTION ] 0, PHAS� 1 STANDA[ZD CONSTRUCT[ON SPGCIFICATION DOCUMENTS — DEVELOPER AWARDLD PROIECT CITY PROJ. No.:103488 I�evised Mazch 26, 2024 00 oa oa S'TAN�AR[? COI�STR�C`f1QN 5T'ECIFICATION �D�CUMENTS Page 3 of fi Technical Speci��ations listed beloiv are included fnr fhis Praject by reference and can be �iewedldownlaaded from the City's wehsite at: h� :11 fo rtwo rthtexas. eo�ltpwlcu�e#ractorsl ❑r littjiti:�ial��iy.li�rl��iirlfll� ��ati.�it►,'I'ru�crlltctiuur'c�^si lli�isian d2 - Eaisiin Conditiaas n�� d2 41 14 Utili 1�emo�aVAbandonrnent OZ 4! i 5 Pa�in� Rema�af l]i�ision 43 - Conerete Di�isian Z6 - Etectriral �c� .^� - _ :ir.-...� ae....i.,., r _ ci.......:--' z. '� 26 QS 10 Demoiition for E�ectrica! Syste�ns 26 OS 33 Ra�ewa s and Boxes for Electrica[ S stems 25 05 43 lJnder raund Ducts and Ra�eways for �lectrica� Di�ision 31 - Earfhwvr[c 3] 1 Q 00 Site Clearin 3l 23 16 lJnclassified Excavatian 31 23 23 Barrow 3 ] 24 00 Emhankments 31 25 00 Erosion and Sediment Cantrol 3I 36 �U Gabians 31 37 a0 Ri ra Last Re�ise�i 4'f 1"l�M�r 1212fl12012 U210212D i fi i � «��',-�., � 2rzoiza f 2 � 212Q12412 0710 t 12Q 1 I � 1212U12a 12 Oi128120l3 Ot12812013 01/28/2013 121�0120 ! 2 12120/20 � 2 i 212U12012 CiTY DF ��RT WORTH MORNl1�G5TAR - SECTt�N ]0, PflA5C i STANbAAO CC}NSTRUCi1DlV SPECIPICAT1pN DOCLfMGNiS- U�VBL�PER AWARDEU PR�JEC7' CFf Y PRpJ. No.:103488 Revised Mareh 20, 2020 00 00 00 STANDA3tD CONSTRUCTION SPECIPICATlON DOCUMENTS Page 4 of 6 Division 33 - Ufilities 33 O1 30 Sewer and Manhole Testin 12/20/2012 33 O1 3 I Closed Circuit Television CCTV Ii�s ection 03/03/2016 �}� i � »,�i 33--A4�-�-9 , � ��,�.;z ��T r� ..........:.... ��.,�..,.� �r,..� e*..+:,.,,.� i� i��—�;-'s � ��-v�z � 1 nrsr—vizv-i � 33 04 30 Tem or Water Seivices 07I01/2011 33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013 33 04 Sd Cleanin of Sewer Mains 12/20/2Q12 33 OS IO Utili Trench Excavatian, Embedment, and Backfill 12/12/2016 33 OS 12 Water Line Lowerin 12l20/2012 33 OS 13 Frame, Cover and Grade Rin s— Casi Iron O1/22/20] 6 33 OS 13.10 Frame, Cover and Grade Rin s— Com osite Ol/22/2016 33 OS ] 4 Adjusting Maaiholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade � Z�, j i`,..�,...�,.,, .i,..,.,._ T,....�,.r � 7�7_ _i-z,-^v2o-r�L 33 OS 17 Concrete Collars IZ/2a/2012 �.� n� , � i�-r ��-'2' �`�,� T.....,.,1 i :,,.... Dt..*e �'1/7�/7zvrt 33 OS 22 Steel Casin Pi e 12/20/2012 � � n� , � i��'�-�- 33 US 24 Installation of Carrier Pi e in Casin or Tunnel Liner Piate 06/19/2013 33 OS 26 Utili Markers/Locators t2/20/2012 33 OS 30 Location of Existin Utilities IZ/20/2012 33 11 OS Boits, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pi e 12/20/2012 33 11 I 1 Ductile Iron Fittin s ]2/20/2Q12 33 l 1 12 Pol vin f Chloride PVC Pressure Pi e 11/16/2018 �� hni�n» > > -rzrzvrzv�+z � '��..^.r 1 7/'f�z, 33 12 10 Water Services 1-inch to 2-irlch 02/14/2017 �-�. r ,,..,.,, �xr,.,.,,.. r�r,.�,,..,. »i�� n�� 33 l2 20 Resilient Seated Gate Valve 12/20l2012 33 12 21 AWWA Rubber-Seated Butterfl Valves 12/20/2012 33 12 ZS Connection to Existin Water Mains 02/06/20i3 33 12 30 Cotnbination Air Valve Assemblies for Potable Water S stems 12/20/2012 33 12 40 Fire H drvits Ol/03/2014 33 ] 2 50 Water Sam Ie Stations 12/20/2012 C1TY Oi� FORT WQRTH MORI�INGSTAR — SECTION 10, PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUM�NTS — DEVELOPER AWARDED PROJEC'I' CITY PROJ. No.:103488 Revised March 20, 2020 00 00 00 STANDARD CflNSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 C1TY OP FORT WORTH MORNINGSTAR—SECTION [0, PHASE t STANDARD CONSTRUCT30N SPECIFiCAT10N DOCUMENT3 — DLVELOPER AWARDED PROJ�CT CITY PROJ. No.:103488 Revised March 20, 2020 00 00 00 STANDARD COiVSTRUCTION SPECIP]CATION DOCllMENTS Page 6 of 6 Appendix r''� ^:-8� �::��w: �.,� ...^,u ot, �..i r a•,.- .,j'�'v�, ..�,��Q��,� �—�� i#�ci-�iv aizuzzicnicxc� rE-11-Q� #�ds�s €��e�te�-�e a'�� T'� �. 6�-H . "-�---� er-��*'' '�„�3 �E 6.�4 3�For�c-�i�eff GR-01 6d 00 Product Requirements END OF SECTION CITY OF FORT WORTH MORN[NGSTAR — SECT[ON ] 0, PHASE 1 STANDARD CONSTRUCTION SPEC[FICATION DOCUMENTS — DGVELOPER AWARDED PROJECT C1TY PROJ. No.:103488 Revised March 20, 2020 00 11 13 INVI"I'ATION TO [31DDERS Page 1 of2 SECTION 00 11 13 INVITATION TO BIDDERS DEVELOPER AWARDED CONTRACTS FOR PUBLICLY BiD PROJECTS ONI.,Y RECEIPT UF BIDS Sealed bids for the construction of MORNINGSTAR — SECTION 10, PHA,SE 1 wil l be received by the MORNINGSTAR M.U.D.: WELCH ENGINEERING, INC. 1308 Norwood Drive Suite 200 Bedford, Texas 7b022 Bids wiil be accepted unti19:45 am, CST, August 6, 2021 and bids wil! be pubticly read aloud at 10:00 am, CST, Friday, August 6, 2021. GENERAL DESCRIPTION OF WORK The majar work will consist of the (approximate) following: The project is MORNINGSTAR — SECTION 10, PHASE 1, consisting of 31 Single Family Residential Subdivision will require the installation of Water, Sanitary Sewer, Storm Drainage, Street Paving and Street Lights. Bidding of the project as whole or separate en#ities as either Utilities, Paving and/or Street Lights. Excavation of the project is already underway. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualifcation are outlined in the Section 00 21 13 — INSTRUCTIDNS TO BIDDERS. DOCUMENTS AND PROCUREMENTS Copies ofthe Bidding and Contraet Documents may be acquired by at: t��elchru>welchen�con� A drop box witl be emailed back to you. Contact Tim Welch, P.E. at 817-253-3682, if yon have questions. No hard copies will be provided only PDF files. Bids can either dropped off or email to twelcl�!�i�wcicPien<�.com with the appropriate documents required. Each brd must be accompanied by a certified or ctrsl:ier's clzeck, from � responsible bank in t/te Staie of Texas, or a bid 6ond, issued by a surety legally autlzorized to do business in tlie State of Texas, equa! to S% of the total bid amoun� Make the cashier's clieck, certified cl:eck or bid bond payable to MORNINGSTAR MUNICIPAL UTILITY DISTRICT, (M.U.D.) CITY OF FORT WORTH MORNWGSTAR — SGCTION ]0, PHASG 1 STANDARD CONSTRUCTION SPECIFICATION BOCUMENTS — D[VfiLOPER AWARDED PROJGCTS City Project Number: 103488 Revised Mazch 20, 2020 �U1113 [iVViTAT101V'f� B1I]DERS Pagc 2 oF2 PREBID CONFERENCE A prebid conference may 6e i�eld as described in Section OU 21 13 - INSTRUCTI�NS TD BtpDE�S at ihe foliowing focation, date, and time: DATE: No Pre-B�d TIME: No Pre-Bid PLACE: No Pre-Bid LOCATXON: Na Pre-Sid DEVELOPERICITY'S R[GHT TD ACCEPT OR REJECT BIDS Qe�efaper and Ciry resetves the right to wai�e irregularities and ta accept ar reject hids. Required f'arms to he sub�nitted for Bid Qpertigg- Section Eld 41 0�; 5ec#ian �d 42 43, Sectian 00 43 I3, Secfian � 4S Z2, Sect�an D[! 52 43 a�nd Section D{152 43A wit� 5% Bid Bnnd. FI.iNDING Any Contracts awarded under this INVITATION T� BID�ERS is ex�ected to be funded fro�n revenues generated from �e�eloper's Campletion or Escrow Funds and dedica#ed by the De�eloper's Finan�ia� IRscitute far #he work under th�s INVITATIflN TD BIDDERS. INQUIRIES Ail inquiries relati�e tv this pracurement should be addressed to the fQ!]owing: Attn: Timnthy J. We�ch, P.E., WELCH ENGINEERFNG, INC. EmaiE: twekh@weleheng.cnm Phane: 817-253-368Z AN1710ft Attn: Patrick Buckley, P.E., CITY OF FORT WQRTH Etriai�: !';�Ir��i._fiu�E,I�� rli�r��tl�l�•�it:,.i�� ._ _ _ . Phone: (817} 392-2443 PLAN HOLDERS To ensure yau are kept up Eo date of any new inforznation pertinent to this proje�t such as when an addend�m is issaed, dawnload the Plan Halder Registration form to your computer, complete and emai[ it to the Ciiy Praject Manager or the design Engineer, ADVERTISEMEIYT DATES Friday, duly 23, 202i FrRday, .Ta�y 3Q, 2Q21 END aF SECTY�N C1TY �F 1=QRT WpRTI� MpRNIhIG51'AR— S�CTION l9, P3�1ASC I STANDARd C�3JSTRLICTiON SPECIF[CATiON DDCUMF•.NTS— DEVELQPER AWAA��D PRD]ECTS City nrojcei Nvmber: 103488 Re�ised March 20, 2420 i102i 131 fNSTR[ICT1Q1+fS TQ SIDDERS Page 1 of 4 SECTIUN UO 21 13 1N5TRL1CT14NS T� BID�ERS DEVELflPER AWARDED C�NTRACTS FOR PllBLICLY gID �RQJ�CTS �N�.Y 1. Defined Terms I.] . Certain additionaf terms used i� these INSTRUCTI�NS TQ SIDDERS ha�e t�e meani�gs indicated below which are applicable to i�ot}� ti�e singular and pfura[ therev#: 1.1.1. Bicider: Any person, fi�rn, parmership, company, assnciation, or �orporation acting dire�tly thraugh a duty authQrized represen#ati�e, sub�nitting a bid for performing the work ctintemplated uader the Contract �ocume�+ts. i.1.2.5uccessful Bidder: The responsi6le a�d responsi�e Bidderta whvm �e�elo�erlCity (on the basis of City's e�aivation as hereinafter pro�ided} makes an award. 2. Capies of Bidding Docamen#s 2.1. Neither 1]e�elvperlCity nor �ngineer shall assume any respos�sibiliry fnr errvrs o� misinteipretaticans resulting fram the Bidders use of incorr�plete sets of Bidding Docum ents. 2.2. Deve{aperlCity and Engineer in maki�g copies af Bidding �ocuments a�ailable [!o so only for the purpose of obtaining $ids for the Work and dv not authorize or confer a fice�se vr grant for any ather use. 3. Preq�aiificatian of Bidders {Prime Cu�tractors and Subco�traetors} 3.l . A!1 Bidders and their subcontra�tors are required to be prequalified fnr the work types requiring prequa�ification at the time af bidding. Bids recei�ed from contra�tors whn are not prequalified {e�en if inad�ertently opetted) shall not be considered. Prequalification require�nent work types and documentation are a�ailabie �y accessing all required #lles through the City's website at: �itt;ts:ll,��P�.fnrt►+�csrtl�te�.iti.�Sl►'II'rnj�r�ltt'Sllfifii'tiI 3.1. i. Pa�ing -- Requirements do�ument focated at; ResourceslConstr�ction DocumentslContracior PrequaiificatianlTi�W Pa�ing Cantractor Preqaalifscation Program 3.3 .2. Raadway and Petfestrian Lighting — Requirements do�ument iocated at; ResaurceslConstruction DocumentslContractor PregualificatianCl'PW Roadway and Pedestrian Lighting Prequalificatian Program 3.1.3. Water and Sanitary Sewer — Requirements do�urnent lo�ated at; 02 -�anstructin� �ocumentslContractor PrequalifcationlWater and Sanitary Sewer Cantractnr Prequalification Frogram CI7'Y DF FORT WQRTH M�RNINGSTAR — SECTlOh1 l(7, PHASE i STANI3ARE} CQNSTRLiCTIflN SPECSF1CATi01V D�CLlNfEAlTS — DEVELDPER AWART?Eb Pi2�JECTS City Project Num6er: 103488 Revised Mareh 20, 2020 oa2> >32 INSTRUCTIONS TO BIDDERS Page 2 of 9 32. Each Bidder unless cureently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFiCATIONS. 3.2.1. Submission of and/or questio�is related to prequalification should be addressed to the City contact as provided in Paragraph b.l . 33. The Crty reserves tIie right to require any pre-qualified contractor who is the successful bidder(s) for a project to submit such additional infonnation as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the successful bidder(s) to deiiver a quality product and successfully complete projects for the amount bid within the stipuiated time frame. Failure to subanit the additional infonnation, if yequested, may be grounds for rejecting the successful bidder as non-responsive. 3.4. In addition to prequalification, additional requirements for qualification may be required wi#hin various sections of the Contract Documents. 3.5. Special quatifications required for this project include the following: N/A 4. Examination of Bidding and Cnntract Documents, Other I2elated Data, and Site 4.1. Before submitting a Bid, each Bidder shalt: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents {including "technical data" referred to in Paragraph 4.2. below). No information given by Developer/City or any representative of the DeveloperlCity other than that contained in the Contract Documents and ofitcially promulgated addenda thereto, shall be binding upon the Deve(oper/City. 4. i.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that inay affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federai, state and local Laws and Regulations that may affect cost, progress, performartce or furnishing of the Work. CITY OF �ORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS — DEVELOPG2 AWARDED PROJ�CTS City Project Nember: 1034&8 Revised March 20, 2020 00 2l 133 INSTRUCTIONS TO $IDDERS Page 3 of 9 4.l .4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Staz. 252, 42 U.S.C. 200Ud to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportaxion, Sub#itle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted progra�ns of the Depa.rtment of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure thai in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and wiil not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. S#udy atl: (i} reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site {except Underground Facilities) that have been identified i�i the Con#ract Documents as conYaining reliable "technical data" a�ld (ii) reports and drawings of Hazardaus Environmental Conditions, if any, at the Site that have been ide�itified in the Contract Documents as containing reliable "technical data." 4.1.6. Be advised that the Contract Documents o�1 file with the City shall constitute al! of the information which the CiTy will furnish. AIl additional infotmation and data which the City will supply after promulgation of the formal Contract Docu�nents shall be issued in the form of written addencla and sliall become part of the Contract Documents just as though suci� addenda were actually written into the original Contract Docume�rts. No infonnation given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon #he City. 4.l .7. Perfonn independent research, investigations, tests, borings, and such other means as may be necessary to gain a comptete knowledge of the conditions which will be encountered during tl�e construction of the project. Bidder musY fill all holes and clean up and restore the site to its former conditions upon completion of soch explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing t4�e Work, time required for its coinpletion, and obfiain all information required to make a proposal. Bidders shall rely exctusively and solely upon their own estimates, investigation, research, tests, explorations, and otiier data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the sub�nission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tesis herein required. Ctaims for additional compensation due to variations betweeu conditions actually encountered in coi�struction and as indicated in tl�e Contract Documents wilI not be allowed. 4.1.9.Promptly notify Developer of all conflicts, errors, atnbiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross erroz• or omission in the Contract Documents, and the Developer shall be permitted to �nake sucl� con•ectioi�s or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of CITY OF PORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER A WARDGD PROJLCTS City Aroject Number: i03488 Revised Mazch 20, 2020 00 21 134 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.1.those reports of explorations and tests of subsurface conditions af or contiguous to the site which have been utilized by Developer in preparation of the Con#ract Documents. The logs of Soil Borings, if any, on the plans are for generai information only. Neither the Developer nar the Engineer guarantee that the data showi� is representative af conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities} which are at or contiguous to the site that have been utilized by Developer in preparation of the Conn•act Documents. 4.2.3. copies of such reports and drawings will be made avai(abie by City to ai�y Bidder on request. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpreta.tions, opinions or information. 43. Tt�e submission of a Bid wiil constitute an incontrovertible representation by Bidder (i) that Sidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised u�on perfarming and furnishing the Work required by tiie Contract Documents and applying the s}�ecific means, methods, teclaniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given Developer written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions tl�ereof by Developer are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by Developer as described in Paragraph 6., and (iv} that tlie Contract Docuinents are generally suffrcie��t to indicate and convey understanding of all terms and conditions for perfonning and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbesios, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way a�id easements for access tiiereto and other lands designated for use by Contractor in perf'orming the Work are identified in the Contract Docuinents. AII additional lands and access thereto required for temporary constructioti facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements foi• permanent structures or permanent changes in. existing facilities are to be obtained and paid for by Developer. C[TY OP PORT WdRTH MORNINGSTAR — SECTiON 10, PHASE l STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS City Project Number: ]03488 Revised March 2o, 2020 00 21 135 INS"fRUCTIONS TO BIDDERS Page 5 of9 6, Interpretations and Addenda 6. l. All questions about the meaning or intent of the Bidding Documents are to be directed to Developer's/City's representative. Interpretations or clarifications considered necessary by Developer in response to such questions will be issued by Addenda delivered to all parties recorded by Developer as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding Oral and other interpretations or clarifications will be without legal effect Address questions to: Attn: TIMOTHY J. WELCA, P.E., WELCH ENGINEERING, INC. Emai}: twelch@welcheng.com Phone: (81'� 253-3682 AND/OR Attn: Patrick Buckley, P.E., CITY OF FORT WORTH Email: Patrick.Bucklev�tr)fort��orthtexas.��ov Phone: {817) 392-2443 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Developer/City. 63. Addenda or clarifications may be posted via the City's document management and collaboration system site at : N/A. 6.4. A prebid conference may be hetd at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of Developer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Developer's representative will transmit to all prospective Bidders of record such Addenda as Developer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must he accompanied by Bid Bond made payable to Developer in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the reyuirements as listed in the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of tlie Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, Developer may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be Developer's exciusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom Developer believes to have a reasonable chance of receiving the award will be retained by Developer until final co»tract execution. C1TY OF NORT WORTH MORNINGSTAR — SECTiON 10, PHASE 1 STANDARD CONSTRUCTtON SPEGFICATION UOCUMENTS — DEVEI.OPER AWARDED PROJECTS City Project Nwnber: 103488 Revised March 20, 2020 0021 136 1NSTRUCTIONS TO BiDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by whicli, Milestoaes axe to be achieved in accorda�ice with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth i» the Agreement. 10. Sabstitute and "Or-Equal" Items The Contract, if awarded, will he on the basis of materials and equipment described in the $idding Docuinents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of materiai or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance wili ��ot be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such appl ication by Contractor and consideration by City is set forth in Section O 1 25 04 of the Genera3 Requirements. 11. Bid Form 11.1. All blanks on the Bid Form must be completed by printing in ink and the $id Form signed in ink. Erasures or aiterations shail be initialed in ink by the person signing the Bid Fornt. A Bid price shall be indicated for each Bid item, aiternative, and unit price item listed therein. In tl�e case of optional alternatives, the words "No $id," "No Change," or "Nat Applicable" may be entered legibly, in ink or type, for whiclz the Bidder proposes to do the work contemplated or fu��nish rnaterials required. 11.2. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate name, address and state of incorporation shall be shown below tlie signature. 113. Bids by paa�tnersl�ips shall be executed in the parhtership name aild signed by a partner, whose title must appear under t13e signature accompanied by evidence of authoriiy to sign. The official name and address of the partr►ership shall be shown below the signature. 11.4. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. Tl�e name and state of fonnation of the �nn and the official address of the finn shall be shown. 11.5. Bids by individuals shall show the Bidder's name and official address. 1 l.6. Bids by joint ventures shatl be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture slzall be shown. 11.7. All names shall be typed or printed in ink below the sigilature. CITY OP FORT WORTH MORNINGSTA2 — SECTfON 10, PHASE I STANDARD CONSTRUCTION 3PECIFICATION DOCUMGNTS — DEVGLOPER AWARDED PROJECTS Citq Project Number: I03488 Revised March 20, 2020 00 21 137 IN3TRUCTiONS TO BIDDERS Page 7 of9 l 1.$. The Bid shall contain an acknowledgement of receipt of a11 Addenda, the numbers of which shall be filled in on the Bid Form. 11.9. Postal and e-mail addresses and telephone number for communications regarding the Bid shail be shown. 11.10. Evidence of autl�ority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 3� — Vendor Campliance to State Law Non Resident Bidder. 12. Submission of Bids i2.1. Bids shall be submitted on tl�e prescribed Bid Form and proposaI form, provided witl� the Bidding Documents, at the time and pIace indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in aul opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and acco�npanied by tlle Bid security, if required, and other required documeiits. 13. Modification and Withdrawal of Sids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate documeni duly executed in the manner that a Bid �nust be executed and delivered to the piace where Bids are to be submitted at a��y ti�ne prior to the opening of Bids. After a11 Bids not requested for withdrawal are opened and publicly read aioud, the Bids for which a withdrawal request has been properly filed may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic coinmunication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Sids 14.1. Bids will be opened a��d read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) wili be made available to Bidders after the opening of Bids. 15. Bids to Remain Subject to Acceptance 15.1. AII Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City may, at theii� sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. CiTY OF FORT WORTH tv10RNINGSTAR — SECT[ON 1Q PHASG ( STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: ]03488 Revised March 20, 2020 00 21 138 INSTRUCTI�NS TO BIDDERS Page 8 of9 16. Evaluation of Bids and Award of Contract 16.I . Developer/Ciiy reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it would not be in the best interest of the Project to make an award to that Bidder, wl�ether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet arry other pertinet3t stai�dard or criteria established by City. Developer/City also reserves the right to waive infornialities not involving price, contract tin�e or changes in the Work with the Successful Bidder. Discrepancies between the muitipiication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.1.1. Any or aIl bids will be rejected if Developer/City has reason to betieve that collusion exists among the Bidders, Bidder is an interested party to any litigation against DeveloperlCity, Developer/City or $idder rnay have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract ar has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the Developer/City will prevent or hinder the prompt completion of additional work if awarded. 16.2. Develo�er/City may consider the qualifications and experience of Subcontractors, Suppliers, and otlier persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the reques# of the Developer/City. Deve(oper/City also may consider the operating costs, maintena»ce requireinents, }�erformance data and guarantees of major items of matei�ials aiid equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.3. Developer/City may conduct such investigations as Developer/City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and fiFiancial ability of Bidders, proposed Subcontractors, Suppliers and ather persons and arganizations to perform and furnish the Work in accordance with the Contract Documents to Developer's/City's satisfaction within the prescribed time. 16.4. If the Contract is to be awarded, it will be awarded to towest responsible and responsive Bidder wl�ose evaIuation by Developer/City i�idicates that tlie award wilI be in the best interests of ihe Developer/City. 16.5. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY Of FORT WORTH MORNINGSTAR — SECTION !0, PHASE 1 STANDARD CONSTRUCT[ON SPEClFICATION �OCUMENTS — DEVELOPER AWARDED AROJECTS City Project Number. 103488 Revised March 20, 202U Oa 21 139 INSTRUCTfONS TO BIDDERS Page 9 of9 17. Signing of Agreement 17.1. When Developer issues a Notice of Award to the Successfut Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. The Contractor s1Za11 sign and deliver the required number of counterparts of the Agreement to Developer's representative with the required Bonds, Certificates of Insurance, and all other required documentation. END OF SECTION CiTY OF C•ORT WORTH MOR�]It�IGSTAR — SECTION 10. PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVCLOP�R AWARDED PROJECTS City Project Number. 103488 Revised Maroh 20, 2020 UTILITY C�NTRACT F4RMS D.T. UTILITY C4NTRACTf�RS, INC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 �IL�: SECTION 00 4100 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY FG ALEDO DEVELOPMENT, LLC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — SECTION 10, PHASE 1 PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS City Project No FID No.: IPRC: Units/Sections: 103488 30114-0200431-103488-E07685 21-0084 PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and fumish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FOR�I FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER b. SANITARY SEWER c. DRAINAGE d. STREET PAVEMENT e. STREET LIGHTS 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 45 working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 £ Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification andlor modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $296,765.80 7. Bid Submittal This Bid is submitted on Respectfully subrnitted, BY:�/,� ,,�r�' / (Signature) Colton Tollett (Printed Name) Title: Vice President <Title or Office> Company: DT Utility Contractors Inc. <Company Name> Address: 2614 Causbie Rd <Address > <Address if applicable, otherwise delete> Weatherford, TX 76087 <City, State, Zip Code> State of Incorporation: Email: Phone: END OF SECTION by the entity named below Receipt is acknowledged of Initial the following Addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.donc Form Revised April 2, 2014 40 42 43 BID PROPOSAL F4RM 0042 43 DAP - BID PRpppSAL P�ge ] of 7 SECTiON 60 42 43 aerreloper Awarded Frajects - PROPaSA! FQRM �1�fURN11tiG5TAR - SECFION 10 - PHASE 1 UNIT PRlCE B�D CONTRAC'i' 711S12Dt1 1PRC Na.: iPRL'�l-4i1184 C.P. No.: 103488 Bidder's Application Prajcc� !!em [nformatiari Sidde�s Proposal F3idliu ilcm �escription Specifr�alian Unit af B�d Z]nit Pnce Bid Val�e �o Section Na. luleasure Quaatity LII�IIT I: WATER IIYIPRQY i-S 3351 fl151 5' Water Pipe 33 i I 12 LF lQ S36.W S36U. 1-3 3311.02G1 S" Waicr Pipe 33 I I 1? I_F 1,333 552.[t0 568,796. i-3 331?.3[1a26"Ga�eVaEve 33133U FA ? 385U.00 SE,700, I� 331 �.3IXY7 S" iialc Valve 33 i? 20 EA ? S? il[Hl.lxl S4,[)OD. 1-5 33 i 2.Ui f 7 Cnnnec�. ta I:a�stmg 4"-13" water Main 33 I? 25 EA 3 SSO[1.0[1 51,500.00 1� 331�.DOUI Fire Hydrnnl 33 I? 40 F:A 3 �6,lri7Cl f1[1 S12,OOQ.00 1-7 331 i.DODI ❑uctilc Iron Water Fiuings 33 11 11 TpN 3 56,0[fp.00 i12,00U,0� i-S 3305.Oi09 TrenchSafery 33U510 LF I,333 Si.U6 5i,333.pp [-9 33i3.2003 1^ Water 5er�icc 33 i3 10 EA 3I $1 �Oa,00 337,200,U0 T�TAL UHlT !: WATER HYIPROVEMEi�ITS $138,889.00 �rrr of Fosr waxrx STAWARD CONSTRFfCT10h15PEC1FICATIOiV aOCiIhSE?V7S - DGVGLOPER AWARDEa PR6}ECTS Form Vmion Apri] 2. 2v19 06 4? 43 - 61DO]hG Ah'D MATItI7C ITF.MS - MDRNiNGSTAFt - SEC'3iON l0 - PFUSE I- 2Ui33G7( 07-I 5-21.x1s OV �2 93 �Ap . 6ip PRbPOSAL Pate2af7 s��+oru ao az aa ae►+elc�per Awarde� Pr�jezis - pRflPdSAL FORM ?HaRNL�GSTAR - SEC77pN 18 - PHASE i CONTitACT [PRC �ia: C.P. Na.: �rnsaoa3 [PRC2i-Op84 1D3488 CI7Y OF FOiiT W4RTH STANDARD CDNSTAVCFSDN SI'ECIFICATf�N O�C'SIA5ENT5 - DEV�,pp�R AWRHDEO PROIECTS Form Varsivn Apn! 2, 2Q{4 90 4? 43 - SmDfiAG AI�O MA7RI% 3TL•MS - MORf�lINGSTpR - SEC710N 10 - P131LSE !- 20133GX 07-3 5-21.zls UNIT PRICE BfD 6idder's Appi��ation 00 a? 43 �AP - BIU PROYOSAL Pagc 3 v{ 7 SECFEON 00 42 43 p�r�Eoper Awarded Projects - PRaPnSAL FaRM HIU�2IYiHIG5'FAR - SECFlO1V 10 - PFiASE l UNiT PRICE BiD coN'rRwcr 7nsaaaa iP1iC Na.: [PRCYI-01}84 C.P. Na: I03d88 Bidder's Applicafion Praject Isem Infomiation 6idde�s Praposai �Ia2S5i SF1CCIfIG1fIOR [�FIFi Of g1Ci ]tem Descriplion $�;�on Nv. Measure Quantity �nit Price $id Value N❑ uN�s ui: o�vru��E iMP v� rs 3-I 33Q5 0109 Trench Safety 33 p5 IU LF 137 �I.W 5137. 3-? 3341,03i�2 30" HCi', Clsss IIl 33 41 10 LF `� 5 i Q I 59.094.00 3-3 3341.03f}5 ?4" RCP, Cl�ss 111 33 4i 10 i.F 4� 585. 33 �195.IX 3-4 3349,OD61 4' S[orm ,iuriciion Liox (�:xlra Dep�h} 33 49 I❑ EA � 58,95U. $8,45fl.b0 3•5 3349.5003 3D'Curbinle[ 334920 EA 2 IIi,000. S?2.0[1[I.QfI 3-6 3349.41fl7 30"TXpOT4:15�"i'[i}(FW} 334940 EA 1 34,856.6U Sx,850. 3-7 3]37.Ok05 Med�um Stone, Riprap, dry 3I 37 �0 SY 7g 595.C10 ;?,GG(I.O(1 3-8 9999.�001 Connect to Existing Starm Sewer NSain 33 1 I] 0 EA 1 SSOU.00 5500.00 TOTAL UN1T Ili: ORAENAGE lMPRtiVENfENTS $52,182.06 CIFY pF FpRT WpRtH 57ANE1Ak6 C6N57HSfC710N SPECfFiCATlOIV aOCL1MENT5 - �EVELOPER AWARDED PROlECTS Form Vers�on Aptil i, 2Ai-0 �0 4? 43 - BI�DING A1tiU MATRI7C fl'GHLS - MORNINGSTAIZ - SECTION ] 0• PHASL• 1- 20133hX �7-IS-21.x1s 00 42 43 DAP - BID PROPOSAL Page 7 of 7 SECTION 00 42 43 Devefoper Awarded Projects - PROPOSAL FORM MORN WGSTAR - SECT[ON 10 - PHASE 7 UN1T PRICE BID CONTRACT 7/ISt10Z1 IPRC No.: IPRC21-OOS4 C.P. No.: 103488 Bidder`s Application Project ltem Intormation Didders Proposal Bidlist item Description Specifiration Unii of B�a Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: Df2AINAGE IMPROVEMENTS UNIT IV: PAVING IlUIPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS $1 Total Constructiott Contractar agrecs to complete WORK for FINAL ACCEPTANCE within 4$ working days xfter the date wiien the CONTRACT commenecs to run as provided in thc Gcaecai Conditions. 182.00 CITY Or PORT WORTN STANDARD CONSTRUCTtON SPECIFICASION DOCUMENTS • DE VELOPLR AWARDEA PROJECTS Porm Vcrsion April 2, 2014 00 42 43 - 6iDDtNG AND MA7RIX ITCMS - MORNINGSTAR - SECTION 10 - PHASL• 1• 20133GX 07-I 5-21.zis no as � � UAP PREQUALIFICA?lUN 5?ATEM�.NT Page I of 1 SECTIDN 0� 45 12 DAP — PREQUALIFiCATI�N STATEMENT Ea�h Bidder is required to camplete the information below by identifying the prequalified contractors andlor subcontractors �vhom they intend tv utiliae for the major wvrk type{s} listed. In the "Major Work T e" box ro�ide the com Iete ma�or work t e and a�tual descri tion as rovided b the Water De artment for water an� sewer and TPW for avinQ. Major Work Type Contractorl5ubcontra�tor Company Name Prequali�cation Ex iration Date WATER D.T. [7TILITY CDNTRACT�RS, INC. —Luh1242��. Water Transmission, De�elo ment, S" and smaller �• 1�v '�LZ SANITARY SEWER D.T. UTILITY C�NTRACTORS, INC. �#Hfif�O�� Sewer Callection 5ystem, 8" I IY��Y �Q�� and snnaller '� STORM SEWER D.T. UTYLITY CONTRACT�RS, INC. 4�4?�.' Storm sewer installation �-�v-�ZZ The undersigned hereby �ertifies tha# the �ontractars andlar subcocatractors descri6ed in the table abo�ve are cuz-rently prequatified fvr the work types listed. BIDDER: D.T. []TIILTY CONTRACTURS, INC. Company 2G14 Causbie Aoad Address Ey: �i�:� .. �-� (Please Print} Signature: Weathert'ard, Texas 7CQ$7 CitylStatelZip Title: �/� _ (Please Print} Date: - ENll OF SECTI�N ciTv oF �oaT wo�rH S7ANOARO CONSTRUGTION PREql1AL[FICATI�N STATEMENF— DEVELdPER AWARpEO �FOIECiS 00 45 12_PrequaliFica[ivn Statement ?a15 6AP Form Version Septem6er i, 2Q15 004526-1 C4l�ITRACTOR COMPLiANCE WfT[i WORICER'S CQMPENSAT'1pN LAW Page I af I 1 2 3 4 5 6 7 8 9 1q ii 12 13 14 1� 16 17 18 19 2� 21 22 23 24 25 26 27 28 29 3fl 31 32 �� 34 35 36 37 38 39 4� SECTIDN fl0 45 �6 CQNTRACTOR CQMPLIANCE WITH WORKER'S COMPENSATTQN LAW Pursuant to Texas Labor Code Sectivn 4Q6.fl96(a}, as arx�ecaded, Contra�tar certifies that it pra�ides worker's compensation inse�rance co�erage for all of its employees employed an City Project Nv. 1a34S8. Contractor further certifies that, pursuant to Texas Labar Code, Section 406.046�b}, as amended, it will pro�ide to City its su6cnntractor's certi��ates of �ompliance with warker's �ampensation ca�erage. con�Tx�cTou: D.T. CTTILITY CDNTRACTORS, INC. Company 26t4 Causbie Road Address Weat�►erford, Texas 76Q87 CitylStatelZip THE STATE OF TEXAS cavrrr� oF TARx�vT § 0 By: Colton Tollett (Please Print} 5ignature: �� Title: Vice President (Please Print} BEFQRE ME, the undersi ed autharity, on this day personally appeared c�a f-�"aiti 10 �r� , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged ta z�ne that helshe executed the same as the act and deed of D r(,�� /"�✓5, ��c • for the gurposes and consideration therein expressed and in the capacity therein stated. GNEN LTNDER MY H.AN.� AND SEAL oF DFFICE this � day of �� , �o Z� �ou� -ro��. NflTARY PUBLIC f `�t STA7E b� TE7CAS � i ,; L Ifl #�2fl0�B2� C+5-2d25 � A�v C� � _�.�z... l , , . Notary Public in and for the State qf Texas EIVfl UF SECTTDN C[TY �F FORT WORTH STANDARD CnItiSTRUCTION SPECIFICATION bOC[IMENTS Re�ised Apnl 2, 2Q14 MORNLNGSTAR- SECTION ifl, PI-lASE i CITY PR�fECT NO.: 103488 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions ar any other provision of the Contract Docuxnents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District"} andJor the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approviuig requests for and making payinents to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates a.nd supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change arders a.nd extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a defauit in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to became due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District andJor City subject to written acceptance thereof by District and/or CiTy, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make a11 paym.ents thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in tl�e first paxagraph of these Special Condi#ions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract fram fuz�ds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Deveioper's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become Iiable for payment to the extent of the assignrnent. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor sl�all give written notice to District ar�d City at the address below specifying the breach and the steps necessary to cure the breach and Disirict shall have the right and power, within thirty (30} days after xeceipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or tl�rough Contractor. The undersigned CONTRACTOR agrees, covenants and represents that it will include this Special Conditions to the Agreement in all of its subcontracts. ��„'.r---P-� �^�,",.�"�'""`yf�� a,6``�� "'`��'F^` __._.__.... _ --...,,., �.�.-, On Behalf of Morningstax Ranch MUD Nos. 1 and 2 ,�� On Behalf of Developer �� On Behalf of Contractor 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on /�� is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authori.zed to do business in Texas ("Developer") , and 5 D.T. UTILIY CONTRACTORS, 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 11 Proj ect 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 MORNINGSTAR — SECTION 10, PHASE 1 16 CITY PROJECT NO.: 103488 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 45 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractar recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the Czty issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of: TWO HLTNDRED NINETY SIX THOUSAND 41 SEVEN HLTNDRED SIXTY FIVE DOLLARS AND EIGHTY CENTS, ($296,765.80) 42 Article 5. CONTRACT DOCiTMENTS 43 5.1 CONTENTS: 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) 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. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 68 69 70 71 72 73 74 75 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is speci�callv intended to operate and be effective even if it is alle�ed or Aroven that all or some of the damages bein� sou�ht were caused, in whole or in part, by anv act, omission or neQliaence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, snbcontractors, licensees or invitees under this contract. This indemnification Urovision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, by anY act, omission or ne�li�ence of the city. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised June 16, 2016 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 120 121 122 123 124 125 126 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractar: D.T. UTILITY CONTRACTORS, INC. Developer: F. G. ALEDO DEVELOPMENT, LLC. a .,� �`� �fi BY� �� By: �, � ��'��_ � (Signature) (Signature) Colton Tollett (Printed Name) Title: Vice President Company Name: D.T. UTILITY CONTRACTORS, INC. Address: 2619 CAUSBIE ROAD City/State/Zip: WEATHERFORD, TEXAS 76087 �-�' ��,? Date 127 �iN1 �l'/C �,.. � (Printed Name) Title: _�/� .. - Company name: D F. G. ALEDO DEVELOPMENT, LLC. Address: 3045 LACKLAND ROAD City/State/Zip: FORT WORTH, TEXAS 76116 �- � - ��,�� Date CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 5TANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised June 16, 20t6 006125-1 CERTI['ICATE OP 1NSURANCE Page 1 of I 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 SECTION 04 6125 CERTIFICATE OF INSURANCE TNSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION C11'Y OP FORT WOR7'H STANDARD CONSTRUCTION SPECtF1CATlON DOCUMENTS Revised Juty 1, 261 I MORN[NGSTAR - SHCTION 10, PI-IASE I CiTY PROJECT NO: 103488 ao6zi3-i PERFQRIVIANCE BdN� Page 10� 3 Bon� Na. sURoaoss47 1 2 3 4 5 6 THE STATE OF TE][AS C�LJN�Y dF TARRANT § § § SECTION � 6213 PERFDRMANCE 6ONQ 7 $ 9 10 ICNOW ALL 6Y THESE PRES€NTS: Thai we,D.T. U�fILITY CQNTRAGTDRS, lNC. , kr��wn as "Prineipai" herein and Frankenmuth Mutua! lnsurance Campany, a corporate surety{suretie5, if mare than �ne) duly authoriied ta do husiness ir� the 5tate af Texas, knawn as "Surety" herein {whether one ar morej, are hel� and 11 firm{y bound unto the ❑e�elaper, FG ALEDD []EVELQPMENT, LLC, authorixed to do business in 12 Texas {"De�efaper"] and the City of Fart Worth, a Texas munieipal cnrporation j"C�ty"}, in the 13 penal sum of T1N� HUNORED NINETY SI][ THDUSAND SEVEN HUN�RED 51)LTY FIVE DOLLARS 14 AND EtGHTY CENT5 �$29fi,795.81]], lawful money of the United 5tates, to he paid in Fort Worth, 15 Tarrant C�unty, Texas f�r #he payrrzent af whicta sum well and truly ta be made jointly unto the 15 Qe�eloper and the City as dual obligees, we bind oursel�es, our heirs, executors, admir�istrat�rs, 17 18 19 20 successors and assigns, jaintfy and severally, firmly by these presents. WHEREAS. peveloper and City ha�e er�tered int❑ an Agreement for the constru�tion of community faciiities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Nurnher �Q a and 21 WHEREAS, the Principal has entered into a�ertain written �pntract witf� the peveloper awarded 22 the �_ day of �J �• ,�fl�w�i�h Can#ract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, t� furnish alf mater�afs, �quipment labar 24 �5 26 27 and ather accessories de'Fined by law, in the prosecution of the Work, including arsy Change ❑rders, as provided for in said Contract designated as MORNINGSTAR —SECTIDN 1D, PHASE 1. NOW, THEREF�RE, the condition Qf this obligation is such that if t#�e said Pr�n�ipa! shail faithfulfy perform it ohligations under the Cantract and shall in al! respects duly and faithfuily CITY qF FORT WflRTH MaR�itNGSTAR-SELTION la, PHA5E 1 STAN�ARD CITY CDNOITInNS - DEVELOPE�i AWARDE� ?ROJECTSCITY PROJECT Nfl. 1fl3488 Re�ised January 31, 2012 Oafi213-2 PERFORMANCE 90nEp Page 2 of 3 6ond lVo. SLfR�005547 1 perfarm the Wor[c, includ�ng Change �rd�rs, under the Cantract, accarding to the plar�s, 2 specifications, and cantract documents therein referred to, and as w�l[ during any period of 3 extension af the Contract that may be granted an the �art of the De�elaper andlar City, then 4 this obligation shal] be and f�ecome null and �oid, otherwise to remain in fulE force and effect. 5 PROVlDE� FURTHER, that if any legal action be filed on this 6ond, �enue shall iie in 5 Tarrant �ounty, Texas ar the Llnited 5tates �3istrict Court for the Northern �istri�t of Texas, Fort 7 Warth ❑i�isiat�. 8 7his k�ond is made and exe�uted in �amplian�e with the pro�isians of Chapter 2253 of 9 the Texas Government Code, as amended, and afl IiabiEities on this bond shall k�e determined in 1� accardance with the provisions of said statue. 7.1 IN WITNE55 WHER�OF, the Printipal and the Surety ha�e SIGNE� and SEAL£D this 12 instrument hy duly authorized agents and pfficers on this the s� day of 13 �Gc+►1 • , 20� 14 15 16 17 18 RRINCIPAL: �.i. UiILITY CONTRACTDRS, INC. BY: � �� 5ignature �9 A EST� � � zo �1 {Principal} 5ecretary zz , � z� j , . ;�� , - 24 ' r. � 25 Witness as t❑ Principa! 25 CiTY OF FflRT WORTH �o t�-��. ro Il�� U.� Name and T�tle Address: �6'1�3 Caus6ie Road, Weatherford, TX 75�$7 � �� MORNINGSTAR—SECTI�N 10, PHASE 1 STANDARD CETY COIVDITIONS— OEVELOPER AWAR�ED PR�lECFSCIFY PROJECT NQ. 103488 Re�isedJanuary 31. 2fl72 fl05213-3 PERFflRMANCE BOHQ Page 3 of 3 Bo�d iVo. 5LJR40D5547 1 z 3 4 5 6 7 S . � �,� �... �... 1� Seeretary as ta 5urety: 11 Neira Hernandez 12 13 14 �v� 15 Witness as to 5urety 16 17 18 19 �o 2� 2� 23 SURETY: Frankenmuth Mutual Insurance Campan - - .� ,� - 6Y: � Signature Russ Frenzel, Attarney-in-Fa�t Name and Title Addres5: {}ne Mutual A�enue, Frankenmuth, MI 48i8i - OOOa f 5�8t)) 65?_fi I? 1 Telep�one Numher: *Note: 1f signed by an officer of the 5urety Campany, there must �e an file a �ertified extract from the t�y-laws showing that this person has authority to sigr� such ❑bligativn. If Surety's physi�al address is different from its s-nailing address, both must he prQ�ic€ed. The date of the taand sha�l not be prior to t�e date the Contract is awarded. CI�1` flF FORT WORFH MORNIiVGSTAR—SECTIflN 10, PHASE i STAN�ARD CETY C�N�fTIONS — DEVELOPER AWAR�E� PROIECTSClTY PROJECT ND. I03488 Re�ised January 31, 2012 PAYMEfVT 60N0 Page 1 af 3 Bond No. SUR�fl05547 1 2 3 SECTION D� GZ I4 PAYMEN7 BOfVD 4 THE $TATE OF TE][AS 5 ICN�W ALL BY THES� RRE5ENT5: 6 COUNTY �F TAiiRANT § 7 That we, b.T. UT3LiTY CONTRAGTORS. INC. , known as "Principal" her�in and 8 Frankenmuth Mutua€ lnsurance Campany a corparate surety [ ar sureties if rnore than ❑ne}, 9 duly auThoriied to do k�usiness in the 5tate of Texas, knawn as "Surety" herein �whether one ar ID more}, are heEd ant� firmly bound unto the ❑e�eloper, FG ALEO� DEVELOPMENT, LLC. 11 auth�rized to d❑ business in Texas "��e�elaper"}, and the City af Fort Worth, a Texas municipal 12 corpQration �"City"}, irt the penaf sum of TW� HufVORED N[NE7Y 51x THOLlSANQ 5EVEN 13 HLINQRE� 5U[TY FIV� p01.LARS AND EIGHTY CENTS {$Z96,795.8a�, IawfuE rnaney of the Llnited 14 States, ta be paid in Fpr� W�rth, Tarrant County, Texas, for the payr�ent af whi�h sum weil and 15 #ruly be made jaintiy unto the De�eloper and the City as dual ❑biigees, we bind ❑ursei�es, aur 16 heirs, executors, administrators, successors and assigns, jointly and sev�ral3y, firmly by these 17 presents: 18 WHEREAS, Qe�eloper and City have entered ir�to an Agreement for the construction a� 19 community facilities in the City of Fort Worth, i�y and through a Community Facilities 2� Agreement, C�A Num�er � ;and 21 WFtEREAS, Prir�cipal has entered into a certain written Contract with f]eveloper, 22 awarded ti�e � day �f �� , 2Q ��, which Cantract is hereby 23 referred ta and made a part hereof fior all p�rpases as if fully set farth herein, to furnish a!! 24 materia�s, equipment, labor and ather accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MDRNINGSTAR — SECTIDN 10, PHASE 1 26 27 N�W, THEREFORE, THE C�NaITION �F THES ❑BLIGATI�N is such that if Principal shall 28 pay all manies owing to any [and all} payment bond ber�e�iciary (as defined in Chapter 2253 ❑f 29 the Texas Go�ernrnent Cade, as amendedj in the prosecution pf the Work �r�der the Contract, CITY pF FOR7 WORTH MORNINGSTAR —SECTEQN 1p, PHASE 1 STAN�ARn C1TY CQN�ITfONS— �EVELOPERAWAROED PROlECTSClTY PROJECT NO.: 103488 Re�ised lanuary3l, 2012 PAYMENT BflNfl �age 2 of 3 6ond No.SUR�q(}5547 1 ti�en this obligatian shaEl be and beGome nuil and �aid; ntherwise tQ remain in fufl farce and � effect. 3 4 5 This band is made and executed in compiiance with the pro�isi�n5 of Chapter 2253 of the �exas Ga�ernment Code, as amended, and all liabilities ❑r� this IOand shall be determined in accordance with the provisions of said statute. 5 IN WITNESS WHEREDF, the Principal and Surety have each SiGNED and SEA�LED this 7 instrurnent by duly authorized agents and of�icers on this the� day of g ..�.tcG� � . 24 �Z-- 0 A�TEST: I � � _— �, � (Principal} 5ecretary ; � Witness as to Principai PRINCIPAL: Q.T. UTILIIY CONTRACTDRS, [NC. BY: �� 5ignature C� �� w E c c�� v l�" . Name and Ti le z6 �y� Address: -��9 Causbie Road Weatherford, TX 75�87 SURETY: CiTYflF FOftT WORTH MpRNINGSYAR—SECTION 1ff, PHASE 1 S7ANDARD CETY CONQITIDNS— �EV�LOP�RAWAR�ED PRDJECTSCETY PROlECT NO.: 163488 Re�ised January 31, 2�7.2 PAYMENT BDIV� Page 3 of 3 Bond iVo. SUROflD5547 ATTEST: � �5urety�Secretary I�eira Hernandei � 1..� ' � • � Witness as ta 5urety 1 Frankenmuth Mutval Insurance Company ,�� BY: Signature Russ Frenzel, Attarney-in-Fact Name and Title Address: Or�� MutL�al .�venue. 1�'rank�nnauth, iVI I 48787 - O[3[] 3. 1"elepho�e I�umber: (989} 6�2-6121 2 Note: ff signed by an afficer ❑f the 5urety, the�-e must be an fFle a certified extra�t fram 'Che 3 �ylaws shawing that this �erson ha5 authority to sign such abligation. If 5urety's physical 4 add�-ess is different from its mailing address, both must k�e provided. 5 5 7 8 The date of the �ond shal! r�at be prior to the date the Cantract is awarded. END QF SECTION CITY OF FORT WOHTN MORNINGSTAR—SECTIflN 10, PHASE 1 STANDAR� CITY CpN�ITIOkVS— QEVELOPER AWAR�ED PR�JEC75CITY PROJECT NO.: 103488 Re�ised lanuary 31, �fl32 fl0 62 i9 - 1 MA[NTENANCE BON❑ Page 1 af 4 6and No. SlJR�0�S547 1 Z 3 4 5 5 7 7HE STATE OF TE]tA5 C(]LJNTY OF 7ARRANT § § § SECT�ON 0� 62 I9 MAIN7ENANCE B�N❑ 0 0 1Q l{NOW ALL BY THESE PRESENTS: That we D.7. IJTILITY CONTRACT�RS, IMC., knawn as "Principal" herein and Frankenrnuth Mutu�l Insurance Company a �orparate surety �sureties, if mare than ❑ne} duly authorired ta do �usiness in the State of Texas, known as "Surety" herein �whether one or mare), are held and 11 firmly boun[i unto the De�eloper, FG AlEQD ❑EVELQPMENT, LLC, authorixed to do business in 12 Texas �"De�elaper"y and the City of Fort Worth, a Texas municipal corparatian {"City"j, ir� the 13 sum of TWO HiINDRED NINETY 513i 7HQU5AND SEVEN HUNbREa 513(TY FIVE Q�LCARS ANU 14 EIGHTY CENTS {$Z96.795.8Qj, lawful money of the LJnited States, to be paid in Fort Warth, 15 Tarrant County, Texas, far payment of which sum well and truly be ma�e jointly �nto the 16 De�eloper and t�e City as dual abligees and their successars, we bind oursel�es, aur heirs, 17 18 19 20 21 exe�utors, administrators, successors and ass+gns, jointly and severally, firmly by these presents. WHEREAS. C]eveloper and City have entered ir�to an Agreement for the construction of cammunity facilities in the City of Fort Worth by and through a�ommunity Fa�iiities Agreement, CFA 1Vumber 7i2� D4C7 ;and 22 WHEREAS, the Principa! h�as entered into ��ertain written contract with the Qe�eloper 23 awarded the �v day of �Gtvf - _ , 2D G�, whi�h Contraet is 24 here�y referred ta and a made part hereof for all purposes as if fully set farth herein, to furnish 25 aEl materials, equipment labor and ather accessories as defined by law, in the prosecution of the 25 Wark, including any Work resuEtir�g fram a duly authorized Change �rder {collectively herein, 27 the "Work"} as provided fvr in said Cor�tract and designated as M�RN[AIGSTAR-5ECf10N 10, �8 PHASE 1 and CITYDF �OR7 WORTH MORNiNGSTAR—SECT60N 1fl, PHASE 1 STANQARD CI7Y COIV�IT10N5 — DEVELQPEFt AWARdE� PR�IFCTSCIlY PRq1EC"f fVO.: 163488 Re�ised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 4 Bond No.SUR0005547 1 11UHEREAS, Principal binds itself to use such materials and to so construct the Work in 2 accordance with the pians, specifications and Contract Docurnents that the Work is and will 3 remain free from defects in materials or workmanship for and during the period of two (2) years 4 after the date of Finai Acceptance of the Work by the City ("Maintenance Period"); and � 6 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 7 receiving notice from the Developer and/or City of the need thereof at any time within the 8 Maintenance Period. � �'� 10 NOW THEREFORE, the condition of this obiigation is such that if Principal shall remedy 11 any defective Work, for which timely notice was provided by Developer or City, to a completion 12 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 13 full force and effect. 14 15 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 16 noticed defective Work, it is agreed that the Developer or City may cause any and all such 17 defective Work to be repaired and/or reconstructed with all associated costs thereof being 18 borne by the Principal and the Surety under this Maintenance Bond; and 19 20 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 21 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 22 Worth Division; and 23 24 PROVIDED FIJRTHER, that this obligation shall be continuous in nature and successive 25 recoveries may be had hereon for successive breaches. CITY OF FORT WORTH MORNINGSTAR—SECTION 10, PHASE 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTSCITY PROJECT NO.: 103488 Revised January 31, 2012 006219-3 N3AINFENANCE BOND Page 3 of 4 Bond I�o. SUR�DaS547 1 IN WITNESS WHEREOF, the Principal and the 5urety ha�e each 51GNE� and SEALE� this 2 instrument by duly autharized agents and afFicers an this the `� day af 3 JGLVi � .2fl �i� 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 zo 21 22 23 24 25 26 27 ATTEST: 4 � � _ �- �-- G.�� -' t (Princi�aE} 5e�retary ; . _� L Witness as to Principal PRINCIPAL: Q.T. LITIlITY C�NTRACTORS� INC. BY: Signature �� J+- ! v ��+�'i"''� �' Name and Title Address: �v �� .�6�� Causbie Raad Weatherfard,TX CfTY �F FORT W�RTH MORiVINGSTAR—SECTION 1Q, P�iASE Z STANDARQ C1TY C�NQlTIONS— �EVELOPER AWAROE� PROJECTSCI�I' PROJECT Nfl.: I03488 Re�ised 7anuary 31, 2012 fl0 fi2 19 - 4 MAINTENANCE BON❑ Page 4 of 4 Bond No. SIJRD�fl5547 1 2 3 4 5 f 7 8 9 1D {Surety) Setretary 11 �/ � , �'L- '' X 12 Neira Hernandez 13 14 15 1C Witness as to 5urety Frankenmuth Mutual Insur�t pa � =�� s== � � ! �- Signature Russ Freniei, ACtorney-in-Fact _ Name and TitEe Address: Dne Mutua! :1�ez�i�e, } ran�ezunuth_ MI �87f�7 - J001. Telephone �lumber: _�989j 552-6121 17 *Note: If sigr�ed by an �fficer of the 5urety Campany, tf�ere must l�e on file a certified extract 18 from the by-laws sh�wing that this person has authority to sign such abligation. If 19 5urety's physical address is different from its mailing address, bath must be provided. 20 21 The date of the bvnd shail not #�e prior to the date the Cantract is awarded. 22 CIiY OF F�RT W�RTH MpRNINGS7AR—SECTIflN 10, PHASE 1 STAN�AR� CITY C�N�ITfpNS— flEVELflPER AWAR�ED PROJECTSCiTY PRaJECi NQ.: I03488 Re�ised January 31, 2012 IMIPf�ktTANT NUTI�E : � �;: , �, �. � �. �, �, . , �ou may can�tract the Texas I}epartment of Insurance ta obtain informa#ion on companies, coverages, rights or complaints at 1-8U0-252-3439 You may write the Texas L�epartment af Insurance: P.Q. Bax 1.49304 Austin, 7Cegas 78714-9304 �ax No. (S12) 475-1771 PRENI�UM or CL�iIN1 DISPUTES Shauld yau have a dispute cQn�erning your premiuxn or about a claim, yQu �hould contaet the company first. If the dispute is not resolved, you may eontact the Texas Department af Insuranee. ATT.��I3 �`�iIS NfiTICE TU Y4?UR PfJ�LI+CY This notice is for inforination only and does not becom� a part or condition of the attached document. Notice of A�p�ic�bility of 1Cbapter 2253 of �he Texas Gave�rnment Coda These bands are furnished in an atte�pt ta comply with Chapter 2253 oftiie Texas Government Code. These honds shall be consirued to comply with such Chapter regarding the rights creatad, limitations an tl�ose rights, and remed'aes provided. A.ny provision in the bonds to which this Rider is attached �tat expan,3s or restricts a righT ox liabiliiy under sueh Chapter shall be disregarded, and such Chapter shall apply to these bands. FRANKENMUTH MUTUAL INSURANCE COMPANX PI�WER OF ATTORNEY KNdW ALL MEN BY THESE PRESENTS, that Frankenmuth Mutual Insw�ance Company (the "Company"}, a carporaEion duly organized and existing under the laws of the State of Michigan, having its principal of#ice at 1 Mutuaf Avenue, Fran[cenmuth, Michigan 48787, does hereby notninate, constitute and appoint: Brady K, Cox, Brock Baldwin, Russ Frenzel, Keith Rogers, Blaine Allen, Chandier Nazzal, Brent Baldwin, Sam Freireich, John Aboumrad, Alyssa J. Lopez Their true and tawful attorney{s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seai, acknowledge and deliver any and ail bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance, provided, however, that the penal su3n of any one such instrument shall not exceed the sum of: Fifty Millinn and 44110� Doliars (�50,00O,OOa) This Power of Aitorney is granted pursuant to the folIowing Resolution duly adopted at a meeting oi'the Board of Directors of Frankenmuth Mutual Insurance Company: "R�SOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized t� execute powers of attorney, and such authority can be executed by use af facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attomey(s) named in the given power of attarney, to execute on behalf of, and acknow3edge as the act and deed of Frankenmuth Mutual Insurance Company on ali bonds, conEracts and undertakings of suretyship, and to affix the corporate seaI thereto." IPI WITNESS WHEREt�F, the Company has caused these presents to be signed and attested by its appropriate officers and its co�ry�orate,seal hereunto affixed this lOth day of Sc�tembcr, 201$. , �:;;,� i ;., :,l ',.: Frankenmuth Mutual Insurance Company {Se�:l) �� , y . � Frederick A. Bd�nond, 3r., = "� President and Chief Operating Officer 'r�TNx�i Q'i ��M��r..;�� .�if�,�j� y.) �au1�TY o� snGih�w;=� � 5s: Pdi'�f� ,','/ `�� •��`''��Ar' Sworn tab��Q,g;t[7e;�a''NoEary Pubfic in the State af Michigan, hy Frederick A. Edmond, Jr., ta me personally known to he the individua} and officer described in, and who executed the preceding instrument, deposed and said the Carporate Seal and his signature as Officer were affixed and subscribed to said instrument by ihe authority of the Company. • , I ,. J i ••� . IN TESTIMONY WH�REOF, I have set my hand, and affixed my O�cial Seal this l Oth day of September, 20I8. � " ��..�,, � �i--v a.f (Seal} � :,; Dianne L. Voss, Notary Pubiic Saginaw County, 5tate of Michigan •,., `rt,�`• ' ��_ ,. My Commissian Expires July 23, 2U24 ` •-• � :... I, the undersigned, Vice President of Fran€cenmuth MutuaI Insurance Campany, do hereby certify that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and is in fuil force and effect as of this date. Ii� W ITNESS WHEREOF, I have set my hand and affixed the Seal of the Company, this � day of �G�v't • , 20 � � [ Andrew H. Knudsen, Vice Fresident ALL CORRESPfJNDENCE RELATEIJ TO B�ND VALIDATIONANDlOR A CLAIIV� SHOULD .B,E XJIF.ECTEA" TO 7f%E DIR.ECi012 OF SURETY, 70I r/S IZOTIT,E ONE, SUITE I, YARMOUTH, ME (1909b PAVING CONTRACT FURMS GILCO CONTR.ACTING, INC. 00 4 S 00 DAP BID FORM FOR PUBLIC4Y B(D PROJECTS ONLY Page 7 of 3 SECTION 00 4100 DAP BID FORM FOR PllBLICLY BiD PROJECTS ONLY TO: FG ALEDU DEVELOPMENT, LLC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — SECTION 10, PHASE 1 PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS City Project No: 1Q3488 FID No.: 3di14-0200431-10348&E07685 IPRC: 21-0084 Units/Sections: PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS l. Enter Iuto Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, ta enter into an Agreement with Developer in the fann included in the Bidding Documents to perform and furnish al! Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other tenns and conditions ofthe Contract Documents. Z. BIDDER AcknowIedgements and Certifcation 2.1. In submitting this Bid, Sidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO SIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requiremenis in ilie construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submiited in conformity with aaly collusive agreement or ruies of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fi-audulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" meatts the offering, giving, receiving, or soliciting of anythi�tg of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresenta.tion of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at C1TY OF FORT WORTH STANDARD CONSTRUC710N BID FORM — DEVELOPER AWARDED PROIECTS 00 4100 Bid Forcn — OAP.docx Form Revised April 2, 2014 00 A 1 00 DAP BID FORM FOR PUBLICLY [3ID PRO]ECTS ONLY Pegc 2 of 3 artificial non-cornpetitive levels, or (c} to deprive Developer of the benefits of free and open campetition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of whicI� is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means liarming or threatening to harm, directly or indirectly, persons o�• their property to influence their participation in tlie bidding process or affect the execution of the Contract. 3. Prequalification Tlie Bidder acknowledges that the foilowing work types must be performed only by prequalified contractors and subcontractors: a. WATER b. SANITARY SEWER c. DRAINAGE d. STREET PAVEMENT e. STREET LIGHTS 4. Time of Completion 4. ]. The Work will be complete for Final Acceptance within 4rJ working days after the date when the Contract Time co�nmences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work �andJor achievement of Milestones} within the times specified in the Agreement. 5. Attached to #his Bid The following docu�nents are attached to and made a part of tl�is Bid: a. Ti�is Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of tlie General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Fonns (if required) e. Prequalification Statement, Section 00 45 12 f. Any additionai documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (o}�tional) 6. Total Bid Amount 6.1. Bidder wil! complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at ti�e bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal tliat tl�e total bid amaunt entered beiow is subject to verification and/ar modification by multiplying the unit bid prices for each pay item by tlle respective estimated quantities shown in this proposal and then totaling all of the extended amounts. C11Y Of FORT WORTH SfANDARO CONSfRUCf10N BID FORM — OEVELOPER AW ARDEO PROJECTS 06 4100 Bid Form — DAP.docx Form Revised Apri� 2, 2014 0o R, o0 ❑AF BID FOR.41 FpR PUBLICLY 81Q PltOlEC75 ONLY Page 3 vf 3 5.3. E�aluation of Alternate Bid Items �use this if applicab�e, otherwise de�ete� Tntal Sase Bid $338,094.77 Alternaze Bid 17educti�e Alternate Additi�e Alternate T�7'A[, BI❑ $338,a94.77 7. Sid 5ubmittaj This Bid is submitted on by the entity named i�eiow Respectfully submitted, �y: (Signature} Leia M� uien (Printed Name) Title: Vice Presiden 0 erations �I'iEle Dr Qffce� Compar�y: Gilca Cvntra�tir� [n�. �Company Name� Address: fi33 ] Southwest 8oule�ard �Address � 8enbrpok, Texas 76132 �City, State, Zip �ode� Sta1e of Tex Incorporatian: ��1: lei iicocnnir��tin .cnm Phnne: (8l7)735-I64U END �F SECTIQN Re�eipt is acknowledgecf flf Ir�itial the �oltowi�g Addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 CJTY OF FORT WURTH +TMlDARF1 COHSTRUL770Ft &0 FOfe1N - DEyELOPER AWAftpE� PRp1EL75 pp;I 00 &d Form - DAP.docx Farm Rwia�d Aprii 2, Za14 00 42 43 BID PROPOSAL FORM 00 42 �3 PM- B[0 P&pPpSAL Yagc i aF 7 s�cnoN oo az a3 ❑e�elaperAwarded Pra�ects - PFi�PDSAL FORM MURIVINGSTAR - SECT[UN 10 - PHASE 1 iINIT PRICE Bi0 car��nrr �nsnozi 1PRC Ro.: IPBCZI�UUB�t C.P. l+Fa.: 103488 8idde�'s Applicatian f�raject ]tem informaiion Sidde�s Pronusai Bidlis[ ltem pescriplipn SP��tion Unil oT sFd Uni� Price Bid Va1ve �o Settion No. Nfeasure Quantity N: PAVIH I P 4-1 33[3.Utfli fi"Conc F'vmt 32 13 F3 SY �.�3� a63.55 S?83,u34, 4-3 3311 dSOI fi" Limc 7rcalmcnl 32 I 1 29 SY d�777 54.97 I23,493.1 4-3 33f I 64D0 F3ydrsir Limc 32 I1 ?9 TN �3 SIS?.35 i12,9M16.85 4� 3313 0303 5-['ant, 4" Concrela Sidcwelk 32 13 ?0 SN 94-' S4.A9 I9,4 ] 4.�8 4-5 3313.D501 Barrier Frce Ramp - Type P-1 33 13 30 HA � S3,5IX1.[]a 55,IX70. � 34A 1.4003 Fumish 8r. ]nstall Ground Mvun� pnst w15[op 8r. 34 q I 30 FA 3 S 1,205 85 53.617.55 Ilireclive Si s 4-7 9499.[H303 Sircc� Name Piaics for Slreei ln�erscttion I.[)3-I � 3441 3U EA 6 S3fi0..7 I1,588.3 T4TA�. UNIT IV: PAVING IMPR�VEMENTS $338,094.77 CITS' OP F'ORT W6RTI3 STANDAABL'ONSTAllC"I�P(]N 51'ECfFfCATlbri aOCI]?�SENTS - DEVELOAER AWAHDGO PROlECTS Fonn Vo:ion Ayri12, 201d 00 42 -03 - 6lIlI]ING AND MATRl7C 1TGM5 • MORNINGSTAR - SECTIQN 10 - PliASE 1-;61}3fi% 67-E 5-21 x!y 00 42 43 DAP-BIDPROPOSAL Pagc � of 7 SECi'ION 00 42 43 Develaper Awarded Projects - PR�POSAL FORM MORNINGSTAR - SECTCON 10 - PHASE 1 CO1V3`itACT 7lIS/1021 IPBC No.: IPRC27-OQ84 GP. iVo.: 103488 UNIT PRICE B1D Bidder's Application Project Item Information Bidders Proposa) Bidlist Specification Unitof Bid item Description Unit Price Bid Value Section No. Measure Quanrity No. n�u summary WATER IMPROVEMENTS UNiT 1f: SAfdITARY SEWER IMPROVEMENTS UNIT (II: DRAINAGE IMPR4VEMENTS UNIT N: PAVING IMPROVEMENTS UNIT V: STREET LIGH711VG IMPROVEMENTS Total Construction Bid Contractor agrces to complete WORK for F[NAL ACCEPTANCE within 45 working days after the date when the CON112ACT commencrs io run as provided in the General Conditions. CITY OF PORT �VORTH STANDARD CONSTRUCTION SPEC1FfCAT[ON DOCIIMENTS - DLVELOPER AWARDED PROIECI'S Form Vcrsion April Z, 2014 00 42 43 - BIDDING AND MATRI?C lTFMS • bIORNINGSTAR - SECTION 10 - PHASE 1- 2U 133GX 07-I S-?7.xls onas �a DAP PREQUALIFiCAT10N STATEMEM Page 1 af t SECTIDN fl0 4512 DAP — PREQUALI P f CAT10N STATEMENT Eac� Bidder is required to complete the informatian belvw by identifying the pTequaiified �nntractors andlor subcar�tractors whom they in#er�d ta utilize for the majar work type(s} listed. In the "Ma�or Work T " box ravide the com le#e ma'or wark and actual descri tipn as ro�ided b the Water Departrrienl far water and sewer and TPW for pa�ing Majnr Work Type Contra�torlSubcantractor Company Name Prequaiification Ex iration Date PAVING 5ix-lnch Concr�te Streets, GILCQ CUNTRACTING, INC. 1 i13012�22 sidewalks and Si s The undersigned hereby certifies that the cvntractors andlor subcontractors described ir� the tabte aba�e are �urrerrtly prequalified for the work types liste�. SID�ER: GILCU CUNT1tACTiNG, INC. Campany �331 Sout�west Bl�d. Address Be�nbroak, Teaas 76132 CitylStatelZip By� Leia Mc uien ( Pl ease Print} Signature: -� Title: Vice Presideni, Operations (Please Frint) Date: END UF SECTIQN rnr vF Fosr waRrH STAN6ARRCUNSTRi1C'fIOH PREQUALlFICATION STATEMENi - QEVELOPER AWAR� PROlECTS 004512 PreqwlHkatknStaument2015 OAPGILCO Form Ver�lar, S�ptemher 1, ?A15 OQ4526-1 CONTRAC'i'Qii CQlvlPL1ANCE WITH WQRKER'S COMPENSAi70N tAW Page I of 1 1 SECTIQN DO 45 ZG 2 CONTRACT�R C�MPLIANCE W1TH WORKER'5 C4MPENSATIQN LAW 4 P�rsuant to Texas Lxhor Code Section 4D6.d96{a}, as amended, Contra�tor certifies that it 5 pro�ides worker's compensation ins�rance ca�erage for a!l of its em�tayees empioyed on City 6 Project No. 10348$. Conir��tor further certif�es that, pursuani to Texas Labnr Code, Sec#ion 7 4Qfi.�95(b), as amended, it wi!! pro�ide tu City its suhcantractor's certificates of campliance with 8 worker's compensatian co�erage. 9 lU CDNTRACTQR: Ii �2 GILC4 CUNTRACTING, �rr�. 13 Cornpany i4 15 G331 Southwest $l�d. 16 Adc�ress F7 1$ 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 3b 37 3$ 39 4D Se�brook, Texas 7G13Z CitylStatelZip THE STATE dF T�XAS couwTv a� -rA�rrT § �y: _L ze'a M�Q �i�]-- (Please Print} Signature: r r �' `� �� Titte: {Please Print} BEFORE ME, the undersigned ae�thority, on this day personal�y a�peared , known ta rrie to be the person whose narne is subs�ribed to the foregoing instrument, ar�d acknowledged to me ti►at helshe executed the same as 1he act and deed af GiIco Contractin Inc. far the purposes and consideration thereiri expressed and in the capa�ity therein stated. GIV N UND�R MY HAND AN� SEAL OF �FFiCE this � day of � , 2�� .�■ �u�f HEATHER PAK1E M11L1YI�AB � /�' G . � 4 Na1�rY Pu61+c, 8f�1� ol T*�,a � � f i�1 �. +��•'� �Y �►.ri�, � No Public in an f r he State oi Te � o: zt r� Np71YFiY IQ i 24306Q0 ENiU QF SECTI[]PI CITY OP F�FiT WDRiH MORNfNGSTAR— 3ECTIQN 10, P!-iA5E 1 STANI]ARD CDNSTRUCTIdN 5PECIF1CATfON E)QCUMENTS CiT'Y PR03ECT NO.: 103488 ftcvised Aptil 2,?Ai4 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District") and/or the City of Fort Worth {"City") when dictated by an applicable contract shall be deemed and considered as Owner for ali purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes af approving requests %r and making payments to Contractor of all or any portion of the Contract Price and for paying a1i or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject ta the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a defau.It by �wner and shall entitle Contractor to all rights and remedies arising under the Contract Documents foz• a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or ta become due under the approved invoices or any part of the Contract Price. Neither the District uor the City is holding any secnri#y to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof sha.Il be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor conta.ined ix� the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of tlus Contract, District may froin time to time tnalce payznents due Contractor pursuant to tlus Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make iurther payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shail become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cuxe the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies un.der the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work perfonned on the project by or through Contractor. Ttie undersigned CQNTRACT�R agrees, co�enants and r�epresents that it will include t�►is Special Canditians to the Agreement in a�l af its s�bcontracts. ��' _ �- � -- ----.�. ... Dn BehaIf of Mvrningstar Ranch MUD Nos. 1 and 2 - � 1 I On BehalfafDe�eioper �n Behalf of Contractar 005243-1 Developer Awarded Project Agreement Page 1 of 4 SECTION QO 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on /—`p-� is made by and 6etween the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authorized to do business in Texas {"Developer"), and 5 GILCO CONTRACTING, INC., authorized to do business in Texas, acting by and through its 6 duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants liereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 11 12 13 14 15 16 17 18 ]9 24 Contractor shall complete ail Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the wlioIe or only a part is generally described as follows: MORNINGSTA.R — SECTION 10, PHASE 1- PAVING IMPROVEMENTS CITY PROJECT NO.: 103488 Article 3. CONTRACT TIME 3.l Tiine is of the essence. All time limits for Milestones, if any, and Final Acce�taaice as stated in the Contract Documents are of the essence to this Contract. ` 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 45 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 33 Liquidated damages 26 27 28 29 30 31 32 33 34 35 3b Contractor recognizes that tiine is of the essence of this Agreen�ent and that Developer will suffer fnancial 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 Consbvction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, expense and difficulties iiivoIved in proving in a legal proceeding the actuai loss suffered by the Developer if the Work is not comp[eted on time. Accordingly, instead of requiriiag any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer ONE THOUSAND DOLLARS, ($1,000} for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues tl�e Final Letter of Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIPICATiON DOCUMGNTS — DEVELOPER AWARDED PRO)ECTS CITY PROJECT NO.: 103488 Revised June 16, 2016 00 52 43 - 2 Developer Awazded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performanca of the Work in accordance with the Contract 39 Documents an amount in current funds of TI3REE HUNDRED THIRTY EIGHT 40 THOUSAND 1VINETYFOUR TWO DOLLARS AND SEVENTY SEVEN CENTS, 4 ] ($338,094.77), 42 Article 5. CONTRACT DOCITMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Deve(oper and 45 Cantractor concerning the Work consist of Yhe following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) l ) Proposa! Form (DAl' Version) 2} Prequalification Statement 3) State and Federal docurnents (project speczfic) b. Insurance ACORD Form(s) c. Payment Bond {DAP Version) d. Perfoimance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Workei's Compensation Affidavit h. MBE and/or SBE Coinmitment Foim (If required} 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 62 5. Specificatio»s specifically made a}�art of the Contract Documents by attachmant 63 or, if not attached, as incorporated by reference and described in the Tabte of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. b7 68 69 70 71 72 73 74 75 8. Documentation submitted by Contractar 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. Fietd Orders. c. Cl�ange Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH MORNiNGSTAR — SECTION 10, PHASE t STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS — DEVELOPER AWARDED PROJEC"fS CITY PROJ�CT NO.: ]03488 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 7G Article 6. i1VDEMNIFICATION 77 78 79 80 8l 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees #o indemnify, hold harrnless and defend, at its own expense, the ciiy, its officers, servants and employees, from and against any and all claims arising ont of, or alIeged to arise out o% the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemniiication provision is suecificallv intended to operate and be effective even if it is al[e�ed or proven that all or some of the damages being sought were caused. in whole or in part, bv anv act, omission or ne�li�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all 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 con#ractor, its officers, agents, employees, subcontractors, [icensees or invitees under this contrac� This indemnification provision is specificallv intended to operate and be effective even if it is aIle�ed or proven that all or some of the dama�es bein� sought were caused, in whole or in part, bv anv act, oraission or negligence of the citv. Article 7. MISCELLANE4US 98 7.1 Tern�s. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. ]Oi 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the l03 Contractor without the advanced express written consent of ihe Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itseif, its partners, successors, assigns and legal l06 representatives to d�e other pariy hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. l08 7.4 Severability. 109 Any provision or part of the Contract Documents hetd to be Unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and alI 111 remaini�Zg provisioizs shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. I 13 7.5 Governing Law and Venue. 114 Tliis Agreement, including all of the Contract Documents is performable ii� the State of 115 Texas. Venue shaIl be Tarrant County, Texas, or the United States Disirict Court for the 116 Noi�thern District of Texas, Fort Worth Division. C[TY OP PORT WORTH MORNINGSTAR — SECTlON 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUM�NTS — DEV6LOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised June I6, 2016 005243-4 ikvdoper Awarded Project Agteemtnt Page 4 vf A 115 l i 7 7.� Authority to Sigtt. iI8 139 I20 121 122 123 124 125 Contractnr shail attach evidence of authnrity tp sign Agreement, if o#�er thar� duly aut�iorized signatory af the Contractor. IN WIT'NESS WHERE�F, �er+eloper and Contractor ha�e executed this Agre�ment in multiple counterparts. This Agreement is effecti�e as of the last date signed hy the Parties {"Effecti�e Date"). Contractar: GILCU CUNTRAGTING, IN�. Qe�eloper: F.G. ALEIIU DEVELQPMENT, LLC. p �.'. F F� � B By. �� ."_ {Signatur�) (Signature} � - - ��►� �? C _ Leia Mcauien /L (Printed Alame) {Printed Name) Title: Vice �resider�t, Operations Title: Campany Name: GILGO Company name: F.G. ALEDQ CO1�1'TRACTING, INC. DEYELUPMENT, LLC. Address: 6331 S�UTHWEST BLYD. CitylStatelZip: SE1vBRDDK, TEXAS 7G132 /-G- ZoT?. n�� zz6 Address: 3045 LACKLANIi RDAD CitylStatelZip: FQRT WURTH, TEXAS 7G1 �b I- G'P�� Date CiTY dF FQRT WQH'i'Fi MORTVIIYGSi'AR - SECTIpN 10, PHASE l 5TANDARD COhiSTRUCTION SPECIFICATTQl+i pOCU1NET1T5 -�EVEL�PER AWARaE[] PR�JECI"S CiTY PROJECT 1Y0.� 103488 Revised !urn 1 fi, 2016 006125-1 CERTiFICATE OF IIVSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 I6 17 18 19 20 2l 22 23 24 SECTION 00 6125 CERTIFICATE t�F INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CiTY Or rOR7' WORTI-I STANDARd CONSTRUCTION SPECIF[CATION DOCUMENTS Revised July 1, 201 l MORNINGSTAR - SECT[ON ] 0, PHASE l CITY PROIECT NO: 103488 e 0 1 2 3 4 5 6 7 8 9 14 71 r 0 THE STATE DF TEXAS � CUI7NT`Y �F TARRANT 0 SECTI(]N 4a 6� 13 � PERFORMANCE BDM] C' Houd #a22232fiF8 0052i3-1 PSRF�RMAI3CE B(]ND Page i vf 3 § § KN�W ALL BY THESE PRESENTS: § That we, GILCQ CONTRACTING, INC., known as "Principa�" herein and Liberty Mut�] Ipscrxance Cvmpany _ , a corporate surety{sureties, if more than one} duly authorzzerl ta do business in the 5tate of Texas, lrnown as "Se�rety" herein {whether ane or more}, are held and f�rmty boeznd unto the De�eloper, FG ALED� IIEVELOPMENT, LL�. , authori�ed ta do business in Texas t"De�eloper") and the City Qf Fort Worih, a Texas municipal corparation ("City"}, in #he penal sum af TH1tEE HUNDRED THIRTY EIGHT THOUSAND NiNETY F�UR DDLLARS ANU SEVENTY SEVEN CENTS, {5338,a94.77}, Iawf�l money nf the United States, to be paid in Fvrt Worth, TarraF�t County, Texas f�r the � payment vf which sum well and truly to be made jaintly u�to the De�eIaper ancf the City as daal obligees, we bind aurse��es, our heirs, execuEars, administrators, successors and assigns, �aintly and se�eraliy, firimly by these presents. , r 12 � 13 I4 15 .16 17 18 19 � � 2U WHEREAS, De�eloper and �ity �aa�e entered into an Agreement for the constructian af 21 cammunity facilities in the City af Fart Wvrth by anci thr�ugh a Cammunity �'aEilities 22 Agreement, CFA Number ��Q�.� and 23 WHEREAS, tfze PrincipaI �Sas entered into a certain written contract with the De�eloper awarded 24 the ��day of �/�'�� , 20��hich Contra�t is hereby referred to and made a 25 part hei-evf for all purposes as if fi�l�y set fort�c herein, to fumish aIl materials, ecruiptnent lahor ` 2b and other accessaries defined t�y law, in the prosecutior� of the Work, inc�uding any Chartge 27 Orders, as pror�ided for in said Contract designated as MORNINGSTAR-- SECTIUN �Q, 28 PHASE 1. m Cl'fY OF F�RT WORTH '� M�RN�+iGSTAR— SEGTIdN 16, PHASE 1 5'FANi3A}ZD CITY C�NDI'ITONS — T]EVELpPER AWAAI3ED PRp)ECTS CIT'Y PAOIEC'I' NO.: 1Q3488 R�ised 7anuary 3 i, 2(1lZ 0 � [30 62 13 - 2 PERFpRMANCE BdN1} Pagr2nf3 1 NUW, THEREFQRE, the co�ditior� of this ob�igation is such thai if the said Principal 2 shal] faithfully perfvrm it ohligations under the Con#ract and s�all in all respe�ts duly and 3 faithfully perf'arm the Wor3c, including Clzarige �rders, under the Contra�t, according tn the plans, 4 specifications, and �ontract documents t}ierein reFerred to, and as wel! during any periaci of 5 extension af the �ar�iract that may be grar�ted an the part of the De�eloper andlor City, titen this 6 oi�ligation shall be and become r�ull and �aid, otherwise to remain irr full far�e and effect. 7 PR�VIDED F[3RTHER, that if any legal actian be filed on this Bond, �enue shatllie in 8 Tarrant County, Texas pr the Uni#ed 5tates District Court iar the Nort�ern Districi of Texas, Fort 9 Wort� Di�+isian. t o This E3or�d is made and execu#ed in campliance wich the prarrisions of Chapter 2253 of the ll 12 Texas Gavemment Code, as amended, and all liabilities ar� this bond shali he determined in accort�ance with the pro�isions of said statue. 13 InT WITNESS WHEREQF, the Prin�ipa� and the S�rety ha�e SIGN�D and SEALEp 14 this instru�nent �y duly authvrized agents ar�d off:cers on ihis the �� day of �� i5 _ . zoZZ i6 l7 18 19 20 Z1 22 » 34 35 3b 37 38 39 4U 4] 42 43 PRINCIPAL: il BY: 5i aEufe Leia McC�uien - Vi�e Presider�� perations Name and Titie At3dress: S33! 5auihwest Baule�ard SLIR�TY: C.iberty Mutuai Insurance Company SY: 7��,�•'� 5i nature 5ophinie Hunter, Attvrney-In-Fact Name and Title Address: 220U Renaissance Bl�d. #4t1U CITY pF FdRT WOkTH MpRNiNGSTAR - SECT1flN 10, PHASE I STATtiI}ARD C1TY COND[T[ON5 - DEVEt,pP£R AWARbEd PROJECTS C1TY PRO]�Ci Na,; 3a3488 Re�ised lanuary 31. 2012 OUfi213-3 PERFaRlNANCE $DND Page 3 af 3 1 2 3 4 5 6 7 � �. �, Witness as to urety K�'n�of Prussia, PA 194Ufi 10 II l2 i3 Telephvne Number: 214-484-QQUU *Note: If signed by an officer of the 5urery Campany, there rnust be o� file a certified extract from the by-laws showing that ti�is person has authority ta sign such obligatian. If Surety's physical acicfress is different fram its maiiing address, both must be pro�ided. The date vf the bond shali nnt be prior to t�e dace the C�ntract is awarded. C1TY flF FaRT WDRTH STANDAR� C1TY CONDR'1pN5 - AEVELpPER AWARDEB PRO]ECT5 Re�ised ]anuary 3 I, 2D l2 MORN[3VG5TAR - 5ECTIflN 10, �i-lASE I C�TY PROIECT N0. ID3488 Bond #U22232b18 00 &2 14 - 1 PAYMENT$dN➢ Page 1 of 3 1 2 3 4 5 6 THE STATE UF TExA � C�UNTY OF TA4RRANT SECTI�N 4U 6214 PAYMENT SnND � § HNUW ALL BY THESE PRESENTS: § 7 That we, GII1C� C�NTRACTING, INC., lmown as "Frincipal" herein, and g Liberty Mutua] Insurance Campany a corporaite surety ( or sureties if 9 m�nre than one), duly suthvrized to do business in the State of Texas, known as "5urety" herein 1D (whether one or more}, are held and firmly bound unto the De�eloper, FG ALEDD 11 DEVELQPMENT, LLC., aufhariz�ci to do business in Texas "{De�etnpe�"}, and the City of 12 Fort Warth, a Texas mLmicipai cocp�ration ("City"}, in the penal sum of THREE HUNllRED 13 THIRTY E�GHT THQUSANB NIlVETY FDUR DULLA,R,S AND SEVENTY SEVEN 14 CENTS {5338,fl94.77}, lawful money nf the Uruted States, to be paid in Fart V�1'orth, Tarrant 15 County, Texas, for the payment oF which sum well and truly k�e made jaintly unto the De�elaper 16 artd the City as dual obligees, we bind oursel�es, our heirs, execut�rs, adminisiratars, sur.�essors I7 18 19 24 and assigns, jointly and se�erally, firmly by these presents: WHEREAS, I3e�einper and City have entered intv an Agreement for fhe canstruction of cvmrriunity fa�ilities in the City of �ort Worth, by and throug� a Community Faczlities Agreement, CFA Number Z2—C]oa6 ;and 2l WHEREAS, Principal has entered irita a certain wriften Cnntract with De�eioper, 22 awarded the �� day vf _ 5,�� - , 20 Z Z which Cvntract is hereby 23 referred to and made a part �ereof fvr alI pu.rpases as if fully set �'orth herein, #o fiv�nish all 24 maierials, equiprnent, labor and ather accessories as defined by law, in the prosecutivn of the 25 Work as prpr�ided for in said Contract and design�teci as M�RNINGSTAR — SECTIpN IU, 26 PHASE 1. 27 28 N�W, THEHEF(?RE, THE C�NDITI�N �F THIS �BLIGATIC3N is such that if 29 Principal shall pay all m�ies owing tv any (and aIl} payment hond bene�ciary (as defaned in 3U Chapter 2253 of the Texas Go�ernmen# Code, as amended} in t}ie pcosecution af the Work ►znder 31 the Contract, then this ohligation shai� be and become nrill and �oid; otherwise to remain in fulI 32 farce a.nd e$'ect. C!1'Y OF Fp1tT WpRTH NfQRNING$T!#R — SECCIQIY 10, PHASE ] STANDAAD CT{'Y C�N17iTI�NS — DEVELOPER AWARUEI] PRp]ECTS CITY PR03ECE NQ.:103488 Revised Fanuary 3i, 2(}1? m oasz �a-z PAYM�NFBON❑ Page 2 of 3 This bond is made and executed in compIiance wit}� ihe pro�isipns of Chapter 2253 of the 2 Texas Go�emment Code, as amended, and all liabiiities on ihis bond shalt be determined in 3 ac�ordance wit� the pro�isians of said siatute. 4 IN WITNESS WHERE�F, the Principai and Surety ha�e each SIGNED and SEALED 5 this instrument 6y duly author�xed agents and offcers on this the �� day of 6 � , za�7� PRiNCIPAL: ATTEST: ATTEST: � BY: ' nature Leia Mc uien, Vice Presidcnt - p rations Name and Title Address: .B�enars�k,�s3 s2 ... su�Erv: Liberty Mutual Insurance Company $v: �; n _ �.aZc�� -- 5igna re .�e, ti u. � 11 t�„-�.-�-- [Surety} 5e�retary � � � Witness as to Surety 5ophinie Hunter, Atinrney-In-Favt Name and Title AddY0S5: 2200 Renaissanve BEvd. #4U4 Kin� of Prussia, PA 194Dfi Telephone Number: 2ia-�sg-flaoo 9 Note: If sigried hy an officer of the Surety, there must be on fiie a �ertified extract from the 1D hylaws shawing that this person has authoriiy tv sign such obligation. tf 5urety's physicaI 11 address is different from its mailing address, both must be pro�ided. 12 CITY OF FbRT WORTH MpRNINGSTAg - SECTi�H 10, PHASE 1 S'CAN�ARQ C1TY CQNDETIQNS — I7EVELOPER AWARpEi] PROJEGT5 C1TY PR03EC7' Np.�1p3488 Re�ised January 3 3, 2612 006214-3 PAYMENTBOND Page 3 of 3 The date of the bond sha11 not be prior to the da.te the Contract is awarded. END OF SECTION CTfY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CITY CONDTTIONS — DEVELOPER AWARDED PROJEGTS CITY PROJECT N0.:103488 Revised January 31, 2012 Eond #�'22Z32fi1$ ' il[152 i9- � MA1t�IENAAiCE BqAA7 Page 1 of 3 1 2 3 � 5 fi 7 8 9 t4 1� I2 13 14 l5 lfi 17 I8 19 20 21 22 SECT`IQN QQ �� 19 MAINTENANCE EDND THE STATE �F TEXAS § § KN�W ALL SY THESE PRESENTS: COUNTY dF TARRANT § That we GILCn CONTRACTING, INC., known as "Principal" herein and Liberty Mutua] Insuranc:e Company a corporate surety {sureties, if nrtore than vne} duly authoriaed tv do business in the Staie of Texas, knvwzx as"5urety" herein �whether ane or rnore), are heId and firmly bound unto the De�elaper, FG ALEDD UEVELQPMENT, LLC., authariaec! to da business in Texas {"De��lope�") and the City of Fvrt Worth, a Texas inunicipal carparation ("City"), in the s�m of THREE HUNDRED THIRTY EIGHT TH�USAND NINETY FOUI� D�LLARS AND SEVENTY SEVEN CENTS, (S33$,U94.77}, lawful money of the United 5tates, to be paid in Fart Worth, Tarrant Cp�nty, Texas, for payrtterff of which sum w�Il and tart�ly be made jointly unto the De�eioper andthe Ciry as dual ohligees and their suc�essors, we bind ourseI�es, o�r heirs, exeou�ors, administrators, sezccessors and assigns, jointly and se�erally, fumly by these presents. WHEREA,S, De�elaper and City ha�e entered intn an Agreernent for �e constn.rctian of comznunity facilities in the City af Fort Worth by and t.hrQugh a Community �acilities A�-eement, CFA Number � n� ;and 23 WHEREAS, th�e Principal I�as entered into a certain written contract with t1�e De�elvper i4 awarded the� day of �� __ __ , 2fl�vhich Cvntract is 25 hereby referred to and a made gart hereof for all purposes as if fully set forth herein, tv furnish aFF �b materials, equipment labor and other ac�ess4ries as defined by law, in the prasecutian of the 27 Work, including any Work resulting frnm a duly au#horiaed Change flrder [collecti�ely herein, 28 the "Work"} as pr��+ided for in said Contract and designated as MUTtNINGSTAR — SECTI�N 29 I0, PHASE 1 ar�d 30 3I 3� 33 34 WHEREAS, Prin�ipal binds itself ta use se.tch materials and to so construct the Wark in accordance wit�i the plans, speoificarians and Contract Documents that the Work is and will remain free from defects in� maEerials or worlananshi� for and during the period of fwa (�) ye�rs after the date vf Final Acceptance af fhe Work by the City ("Maintenan�e Period"); and 0 CI'CY QF FORT WdRTH M�IiN1NG5TAIt— SECII�IV Ip, PHASE 1 5TA-Ni]ARb CITY C�NDTfID]V5 — DEVELflPER AWARbED PRQJECTS CTTY PRQTEGT NQ.: 10348$ Rerised January 3 J, 2fl 12 006219-2 MAINTENANCE SOND Page 2 of 3 1 2 3 4 5 b 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 " 22 23 24 WHEREAS, Principai binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW TAEREFORE, the condition of this abligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become nu11 and void; otherwise to remain in full force and effect. � PROVIDED, HOWEVER, if Principal sha11 fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Te�s or the United States District Court for the Northern District af Texas, Fort Worth Division; and , PROVIDED FiJRTHER, that this obligation shall be coniinuous in nature and successive recoveries may be had hereon for successive breaches. 6 C1TY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CTl'Y CONDTI'IONS — DEVEL,OPER AWARDED PROJECTS CiTY PROJECT NO.: i03488 Revised January 31, 2012 0 a dOfi219-3 MA[NTEIVANCE HpiVD Page 3 of 3 � IN WiTI►TESS WHERE�F, the Principal ar�d the Surety ha�e eaEch SIGNE� a�td SEALE� this 2 instrument �y duly a�thorized agents and Af�cers on this the fi � day of �� 3 , �fl�� 4 S G 7 S 9 1 ii 1] 12 i3 14 15 I6 17r 18� 19 2D 21 22 23 24 Z5 26 27 zs 29 30 31 32 33 34 35 3b 37 38 39 40 4I 42 ATTEST: .�i.w�— i 11 cdu,r,..--- {Surety} Secr Wimess as to Surety PR1NCt PAL: Gilco C ntracting, Inc. . B : ignature L i M ien Vicc Pre ident - erations Name and Tit3e Address: y3� L�uthwesx i3oule�ard Benbrook,s'X 7G1 �2 SL�fLETY: Lihert}• Mutua] lnsurance Cqmpany 8Y: :ry Z��? __._ 5i ature Svphinie Hunter, Attorney-tn-Fact Name and Tit�e A[Edress: �Z�U Renaissance B1�d. #W6� iCing v#' Prussia. PA I94a6 Telephone Number: Z14-489-U000 *Note: Zf signed 6y an officer of tEie Surery Company, there must be on file a certi�ed extract frvm the hy-laws shvwing that this person has authnrity to sign such obligation. If Surety's physical address is different from its mailir�g address, both rr3ust be pro�ided. The date of the bond shai] nat he prior ta the date the Contract is awarded. C1TYpF FQRT WQRTH MRRNlNGSTAR—S�CTIpN 10, PHASE I STANI3AR� C3TY C�N�f'fld1V5 —�EVELOPER AWARDED ARpJECTS CfTY PROJECT Np.: 103488 Re�ised ]anuary 31. 2D12 STREET LIGHTS CONTRACT FURMS BEAN ELECTRICAL, INC. 0o a i o0 DAP B[D FORM FOR PUBLICLY B[D PROJECTS ONLY Page i of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC. 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — SECTION 10, PHASE 1 PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IlVIPROVEMENTS City Project No: FID No.: IPRC: Units/Sections: 103488 30114-0200431-103488-E07685 21-0084 PAVING, DRAINAGE, SEWER, WATER AND STREET LIGHT IMPROVEMENTS 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1 2.2 2.3 � 2.5. 2.6. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced any individual or entity to refrain from bidding. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, givi�ng, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at cm� oF FORr worrrH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROlECTS 00 4100 Bid Form — DAP.dot�c Form Revised April 2, 2014 ooa� o0 DAP BID FORM FOR PUBL(CLY BID PROJECTS ONLY Page 2 of3 artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "co(lusive practice" means a scheme or arrangement between two or more Bidders, with or without the knawledge of Developer, a purpose of which is to establish Bid prices at artificiai, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER b. SA1vITARY SEWER c. DRAINAGE d. STREET PAVEMENT e. STREET LIGHTS 4. Time of Completion 4. l. The Work will be corrzplete for Final Acceptance within 3� working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents tliat may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount_ In the space provided below, please enter the total bid amount for this project. Only this iigure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUGTION BID FORM— DEVELOPER AWARDEO PROJECTS 00 4100 Bid Form —DAP.docz Form Revised April 2, 2014 0o a � o0 ll2�P S1p FOfU{ FtlR Pi1SLICLY BID PRO1fC75 ONLY P�gc 3 of 3 6.3. E�aivatiun of Alterrtate Sid Items �use this if aQplicable, othenvise deiete� Tatal Sase Sid $21,146.00 A iternate B id I3educti�e Alternate Additi�e Aiternate TOTAL SID $21,145.00 7. $id S�bmittaI `l�his Bid is submittea on Respectfully submitted � By: �� __ (Signature} �G'Y �. ��t . �: T (Prinfied Name} � Title: President �TiEle or Dffice� Company: Bean Electrical Tnc �Company Name� Address: 821 E Enon �Address � Fort Wnrth, TX, 76140 �Ciry, State, Zip Code� State o� Texas Incorpora#inn: Email: cbean�a beaneIectrical.corri Phane: $17-56I-74Q� END OF SECTIDN by the entity named 6elow Recei�t is acknowiedged af the following ��i��ai Addenda: Addendum No. I Addendum No, 2 Addendum NQ. 3 Addendum No. 4 CIiY pF �6RT WORTH 5TAN�,4 RE] CpN57RUCTiO H 8!0 FORM — fl EVELOPFR AW AR�E� PRp1ECT5 00 410p Bid Fwm — OAP. dacc Fvrm Reyised April i, 2014 00 42 43 BID PROPOSAL FORM D642 S3 UAP • 810 PROf'06Ai. PageSofi sEcriaN na as a3 C7e�eio�er Awarded Projects - PR�POSAL FORIhA MORNThCSTAR - SECTIUN i6 - PHASE I UN1T PR�GE Bf❑ CONTRACT 7115Il621 lPRC No.: [PRC21-008i C.P. Na: 1�34E6 Bidder's App�ication Prpjocl [tcm [niormatian Siddet's Proposa] Sidlisl [tem Description Specificaiion llnit oT sid Unil Price Bid Value N� Secsiorr Na. Measure Quantity L1NI LICy i1N IMP tiVE T 5• I y» 1 UI1W Ins�ylk i luluplwn¢ - t:Ulumhia Alumsnum f'ule, 34 4]_'0 EA 7 $575. 54,035. Washin ton - 14.5' Luminairc WFCL?-07U1id-30K-AS-BK-lS- 5-2 3441.3IX11 i�u[mshllnstall Rdwy lllum Foundalian TY 7 34 4} �p T:p 7 5975.0 55.825. 5-3 ?505.3015 Furnislillnslall ? lnch Canduit PVC SCH 8fl (7'1 2fi [)S 33 LP 572 SSS. 58,580. 5� 3441 34f] I Fumishllnslall �i ] 0 Copper Elcctric Conduclar 34 41 14 LF 572 S3. $1,716. Npte Fri-Caunty Electrrc is pro�iding Item 5-1 for the iDTAL UNIT V: STREET LI FlTING lNfPROVENE�N7S $21,t46.OD arr oF �ver waRria STAtiDA1tU COT45TRl5CT[ON SPCCIFICM1TIDN DpC[]IuIF.NTS - D�.VELQPL•A AWARUGD PROSECl'S Form Versian Aprif 2. 2014 OD 43 43 - BIQDING Af�lp MATRI7C ITEMS - MORt�lINGSTAH - S EC'f30N 10 - Pi [ASE I- 2�i 336X 07-I 3-21.x1t 00 42 43 DAP-BIDPROPOSAL Pnge 7 of 7 SECTfON 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 10 - P[TASE 1 1 � i �� CONTRACT 7l15/2021 [PRC No.: [PRC21-0084 C.P. No.: 103488 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Descrip6on Specification Unit of B�d Unit Price Bid Value No. Section No. Measure Quantity Sid Jummary UNIT I: WATER IMPROVEMENTS UNIT Ii: SANITARY SEWER IMPROVEMENTS UNIT 111: DRAINAGE fMPROVEMENTS UNIT IV: PAVING tMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Contractor agrees to completc WORK for F1NAL ACCGPTANCC within CONTRACT commences to run as provided in the General Conditions. 146.00 Totat Construction 30 working days aftcr tlie datc when thc CI'CY OF FORT 1�'OR'fH S7'ANDARD CONSTRUCCION SPECIFfCA710N DOCUMCNTS - DEVELOPER AMARDED PROJECI'S Fortn Version April 2, 2014 00 42 43 - BIDDING AND MATRIX ITGMS - MORNItJGSTAR - SECTtON 10- I'HASE t- 20�33GX 07-I S-Zl.xls 00 45 12 DAP pREQ�AL[F7CATlpN S7ATEMENC Pagr i of 1 sECT�vN aa as Xz ❑AP — FREQI]ALJFICATIDN STATEMENT Each Bidder is reqvired to complete the infarmation belaw by identifying the prequalified contractors andlor subconTractors whQm they in#end to utili2e for the major work type(s} [isted. [n t�e "Majar Work Type" box pro�ide the cvmplete majar wark.type and actual descri�tiQn as�ro�ided bv the Water De art�nent for water ar�d sewer and TPW for avin . Major Wark Type Contractorl5ubcontractor Campany Name Preq�alificatian Ex irafian �a#e STREET LIGHTS BEAN ELECTRICAL, INC. March 9, 2023 The undersigned herehy certi�es that the conlractors andlpr subcontraotors described in the tabie aha�e are currently prequalified for the work types listed. BIDDER: BEAN EX,ECTRICAL, WC. By: Com �any 821 East Enon Sign Address Fort Worth, Texas 7614d Title: President CitylStatel2ip (Please Print) � Date: 1 � i END DF SECTI�N aTr oF Foar woxrr� STANOAROCON57RlICTIpNPRE4UAGFICA7IONSTA'fEMElJT—OEVELOPERAWAR�£�PRp1ECT5 90q51Z Prequal:Fication5tatement2015 6AP-$ERN Form Versivn SeptemLer 1, 2DI5 OU 45 26 - I C�3�ITRACTDR COMPLIANCE W[Tli WtiRKEg'S CDMPENSAT[DN LAW Pagelofl r sECT�a�v aa a� �s 2 C�RiTRACTaR CQMPLIANCE WITH W�R.ICER'S CQMPENSATIQIt1 LAW 4 Pursuant to Texas Labor Code Section 4Q5.096(a}, as amended, �ontra�tar certifies tf�at it 5 pro�ides worker's campensation irtsurance co�erage fnr all flf its employees empioyed on City 6 Projeci NQ, 1U3488. �or�tra�tor further �erti�es that, pursuant to Texas Labor Code, 5ection 7 406.096(i�), as arnended, it wilI pro�ide to City its subcontractar's certi�icates of camplian�e wit� 8 warker's �Qrnpensatiqrt �average. 9 1 a C�NTRACTOR: 11 12 �3 14 15 ]d 17 t8 19 20 �� 22 23 24 25 26 27 28 Z9 30 31 32 33 34 35 36 37 38 39 40 BEAN ELECTRZCAL, INC. Company 8i1 East Enon Adclress k'ort Worth, Texas 7614U CitylStatelZip THE STATE QF TEXAS C�UNTY �F TARRANT 0 0 By: Ro E Bean II (Ple e��i t} -� �' _ 5ignature: i I� � �— Title: President (PEease Print} EEF�RE ME, the undersigned auiliority, �n t�is day persQnaliy appeared �� '..��'c. r)� , known to me to he tne person whose name is subscribed to the fQregoing instrument, and acknowledged to me that helshe execuEed the same as the act and deed �f�} c� � t�. i,� 7, ,r . far the purpases and �Qnsideration fherein ex�ressed and in the capacity therein stated. GIVEN UNDER MY HAND Ah1D SEAi� �F OFFICE this I �� day of � !. i + �. , 20J�. L � - �� c� :•.� �_�� ._._ afa �blic in an the tate of Texas END UF SECTIDN C[TY dP FpRT WORTH MORN[NGSTAft- SECTION i0, PHASE 1 STANDARD �ONSTHUCT1pTl SPECIFICATI�I�f DdCUMENTS CITY ARQ]EC"I' Nv. 103488 Revised April 2, 2ff14 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests far and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payrnent of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither t�e District nor the City is holding any secnrity to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the iirst paragraph of these Special Conditions shall terminate. � For purposes of convenient adrnirustration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the ConCract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned �(]NTRACTflR daes hereby release the Ciry and Distri�t fram any and atl �laims related to any failure vf payment fox wark perf�rmed vn the project by or throug�i Cvntractor. 'The undersigned CDNTRACTDR agrees, co�enants and represents that it wiIl inciude rhas Special Canditians to tt�e Agreement in ali of its suhcantracts. .. .= �n Behalf af Morningstar Ran�h MUD Nos. 1 and 2 �n Beha� e�elaper �f �n Bet�alf of Cantractor 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �t�Q''�� "is made by and between the Developer, 4 F. G. ALEDO DEVEL4PMENT, LLC., autl�orized to do business in Texas ("Developer"), and 5 BEAN ELECTRICAL, INC., 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 l. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 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 MORNINGSTAR — SECTION 10, PHASE 1— STREET LiGHTS 16 CTTY PROJECT NO.: 103488 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time ]imits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance witliin 3� working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 33 Liquidated damages 27 Contraetor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the deIays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, (�1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH MORNGSTAR—SECTION Ia, PHASE 1 STANDARD CONSTRUCTiON SPECIF[CATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 10316t Revised June 16, 2016 005243-2 Developer Awarded Project Agreernent Page 2 of 4 38 Article 4. CONTRACT PRIC� 39 Developer agrees to pay Contractor for performance of the VVork in accordance with the Contract 40 Documents an amount in current funds of: TWENTY 4NE THOUSAND Ol'�E HUNDRED 41 FORTY SIXTY DOLLARS AND NO CENTS, ($21,146Afl) 42 Article 5. CONTRACT DOCIJMENTS 43 5.1 CONTENTS; 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consis# of tl�e following: 46 l. This Agreernent. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Z. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project spec�c) b. 3nsurance ACORD Form{s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Versivn) e. Maintenance Bond (DAP Version) £ Fower of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City Generai Conditions of the Construction Contract for Developer Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Docmnents. 65 6. Drawings. 66 7. Addenda. b7 68 69 70 71 72 73 74 75 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF PORT WORTH MORNGSTAR-3ECTION 1Q PHASE 1 STANDARD CONSTRUCTION SPGCIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO.: 103161 Reviscd June 16, 2016 005243-3 Developer Awarded Projeci Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the ci#y, 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 #his contract. This indernnification provision is specificallv intended to ooerate and be effective even if it is a1leEed or nroven that all or some of the dama�es being souEht were caused, in whole or in part, bv anv act omission or ne�li�ence of the citv. This indemnity provision is intended to include, without limitation, indemniTy for costs, expenses and legal fees incurred by the city in defending against such cfaims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise oat of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification �rovision is speci�callv intended to operate and be effective even if it is alle�ed or proven that all or some of fhe dama�es being sou�ht were caused in whole or in nart, bv anv act, omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Ass'rgnment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 73 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other pariy hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all II1 remaining provisions shall continue to be valid and binding upon DEVEL�PER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of I 15 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Nortliern District of Texas, Fort Worth Division. CITY OI' PORT WORTH MORNGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — D�V�LOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 005243-4 C7eveloper Awarded Project Anretment Page A af 4 117 i� S i.b Au#hority ta Sign. I19 �ontractor shall attach e�idence Qf autharity to sign Agreement, if other than duiy 120 authflrized signatory of the Contractor. 121 122 i23 �24 125 126 IN WITNESS WHEREOF, De�eloper attd Contractor ha►�e executed this Agreement in multiple �ounterparts. This Agreement is effecti�e as of the last date signed by t�e Parties �"Effecti�e Date"). Contractor: BEAN ELECTRICAL, INC � De�eloper: F. G. ALEDQ DEVEL�PMENT, LLC. B: (5ig nature) {Sigr�ature) Ro E Bean II �G►■/ � G� (Printed Nair�e) [Printed Name} Title: Fresident Company Name: BEAN ELECTRICAL, INC. Address: 821 E Enon CitylStatelZip: F�RT WORTH, TEXAS 7G 14D , l-;� ,- oar� ,� - 1?7 � Title: Carnpany narne: D F. G. ALED� DEVELOPMENT, LLC. Address: 3Q45 LACKLAND RQAD CitylStatelZip: F�RT WQRTH, TEXAS 76116 /- % ZDz'� Date CITY OF F�RT WDRTH iNOR�IGSTAR -- SECTION 16, PHA5E 1 STANDAAb CbTISTRLiCT[pN SPEC1FiCAT[OiV DdCU1viENTS— �EVELOPER AWARI7ED PRp3ECTS CiTY PROJECTNO.: lfl3ibl Revised ]une f G, 2p 16 00 6i 25 -1 CERTIFtCATE OF tNSURANCE Page i of i 1 2 3 4 5 6 7 8 9 JO 11 12 13 I4 15 16 17 I8 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE QF INSURANCE TNSERT CER.TTFICATE OF INSURANCE DOCt1MENT8 END OF SECTTON C11'Y OF FORT WOR7'H STANDARD CON5TRUCTIOIV SPECIFiCATION DqCUM6NTS Revised Juty 1, 201 T MORIVINGSTAR - SGCTION 10, Pl-tASE 1 C2TY PRQJ�CT NO: 103488 POAt� 4221049 JOINT LJMITED POWER OF ATT�RNEY KNOW AlL MEN BY TMESE PRESEN75: That SureTec Insuraoce Company, a Corporation duly organized and existing under the taws of ihe State of Texas and having its principal o�ce in fhe County of Harris, Texas and Markel lasurance Company (the "Campany"), a corporation duly prganized and existing under the laws of the siate of Illinois, and having its principal administrative office in Glen Atlen, Virginia, does by these presents make, constitute and appoint: Tony Fierro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, Mistie Beck, Jeremy Bamett, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jartett Wiilson, Jack Nottingham Their true and lawful agent(sJ and attorney(:)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seai and deliver far and on their own behatf, indlvidually as a surety o� jointly, as co-wreties, a�d as their act and deed any and all bonds and other undeRaking in suretyship provided; however, that the penal sum of any one such instrument executed hereuoder shall not exceed the sum of: Twenty Miflion and 00/100 Dollars ($20,000,000.00) Thi; Pawer of Attomey is grented and is signed a�d sealed under and 6y the authority of ihe following Resolutions adopted by the Boaed of Direttors of SureTec Insurance Company and Markel insurance Company: "RESOIVED, That the PreSideni, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimife signature, which may be attested or acknowledged by any officer vr attorney, of the company, qualifying the attomey or attameys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurence Company and Markel Insurance Company, as the case may be, all bond undertakings and co�trects of suretyship, and to aff'rx the corporate seal thereio." IN WITNE55 wHEREOF, Markel Insurance Lompany and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the n�n day of r�ovemeer ��o , SureTec Insurance Company sY: Michael C. Keimig, President V�Npc� ��r`'s X 9 �o� t wf w � �; ��: � 5 . � ��. �Y ,��N�ry� Mark�e�l Insur2Ace Company :�`' F • % % � �i,°��rF:�'os " �: SEAL ' �_ ` 1 �^'�� —s•. ��, e�•:� � // ��t'•.;<t . `-�� •� � Rd6in Russo, Senior Vice President ,��+t �'i �i n U�� Commonwealth of Virg(nia Cou�ty of Henrico S5: On this »� day �f r+ovember, zo2o A. 0., before me, a Notary Public of the Commonwealth of Virginia, in and for the County ot Henrico, duly commissioned and qualified, came THE AB�VE OFFICERS OF THE COMPANIES, to me personally known to be the individuais and officers described in, who executed the preceding insirument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the o�cers of the. said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seais of said Companies, and the said Corporate Seals and their signatures as officers were duly aifixed and subscribed to the said instrument by the auihority and direciion of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referced to in the preceding instrument is �ow in force. �,je � s� ��+� �� .••�PDONq �.,� IN 7ESTIMONY WHEREOF, � have hereunto set my hand, and af{ixed mY.D�iI•$eaFatth� G�tyof Henrico, the day and year first above written. �. U� . FtY P � : O.�P, (/e` •.2� � :2 MY (��, ' COR4iVISSION — g�. ��_�<� _`�'�--- � � ': NU4,19F_R � Q : '�'. 7083968 ��= Danna Donavanc, Notary Pubiic �� jO•, .\�� My commission expires 1/31/2023 . � We, the undersigned Officers of SureTec insurance Company and MarkeY s ��Ciy d�qVierby certify that the eriginal PO6VER OF ATTORNEY of which the ��L� , foregoing is a full, true and correct copy is stili in fu{I force and eEfect and haShqt�q�5a r��a. IN W{TNE55 WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of Sur ecinsur ce G pan By M. Br t Beaty, Assistant Secreta Markef Insurance Company �i � �� aY: '' ) <., � ,__._.,. Richard R. Grinnan, Vice President an ary Any Instrument Issued in excess of the penalry stated above is toYaltyvoid and wiihout any validity. 4221049 For verification of the authority of this Power you may call {713)812-0600 on any business day hetween 8:30 AM and 5:00 PM CST. A+C D� ��' AGENGY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of a��cr wunEo irrsursEo K8�S InsuranceAgency Bean Electrical, Inc POL)CY NUMBER CARRIEJ2 NAIC CODE EPPECTIVE DATE: ADDITIONAL REMARKS TiiIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• Certificate of Liability Insurance: Notes _RAL LIABLITY: rai Liabiiity policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when is a written contract between the named insured and the certificaie holder that requires such status. Liability policy crontain an endorsement with "Primary and Non-confibutory" wording. General Liability policy includes a blanket automatic waiver of subrogation endorsement that provides this feature oniy when there is a written contract between the named insured and the certificate holder that requires it. �BILE LIABILITY: iile policy includes an additional insured endorsement that provides additional insured status to the certificate holder only when there is a written between the named insured and the certificate holder that requires such status. policy contain an endorsement with "Primary and Noncontributory" wording. �mobiie policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between named insured and the certificate holder that requires it. WORKERS COMPEtVSATION: Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. *AIWAYS REFER TO THE ATfACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. ACORD 101 (2008/01) O 2008 ACORO CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TB2-Z91-471905-021 COMMERCIAL GENERAL LIABILITY CG 20 10 1219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location s Of Covered O erations Blanket as required by written contract or agreement All Locations Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 1219 O Insurance Senrices Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the fotlowing is added to insurance; Section Ilt — Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is ihe amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 O Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: TB2-Z91-471905-021 COMMERCIAL GENERAL LIABILITY CG 20 371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITtONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Location And Descri tion Of Com leted O erations Blanket as required by written contract or agreement All locations Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number TS2-Z91-471905-021 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section 11— Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization{s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. tf the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person{s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; �r b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Senrices Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of wfiich you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions> reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Bianket Additional Insured — Grantor Of Permits Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent ar control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivisian; 2, Any "bodily injury" or "property damage" included within the "products-completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negfigently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis �equired by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 20 5811 18 O 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number Tg2_Z91-471905-021 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Item 2. Item 3. Item 4. Item 5. item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-Owned Watercraft Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentionai Failure To Disclose Bodily Injury Redefined Supplementary Payments — Increased Limits Property In Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the fotlowing: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of Z. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusions c. through n. do not apply to damage by fire, lighining or explosion or subsequent damages resuiting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by yau with permission of the owner. A separa#e limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, white rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies io Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section 11— Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; {2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co-"employee" or "volunteer worker" while that co='employee" or "volunteer worker" is either in the course of his �r her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(7)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co-"employee" or "volunteer worker" will not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a"designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section 1— Coverage B— Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditians, you refers to your "executive officer" or "employee" that you have designated to give us notice. item 8. Unintentional Failure 7o Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this Policy shall not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V— Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Menta) anguish means any type of inental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section 1— Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section 1— Coverage A— Badily Injury And Property Damage Liability are deleted. B. Additionat Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. LC 32 199 11 18 OO 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Otherinsurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipmenY' does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section 1— Coverage B— Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policy for injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 78 02018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Sen+ices O�ce, Inc., with its permission. Policy Number AS2-Z91-471905-031 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. XXIII. Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplementary Payments - Increased Limits Feilow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Glass Physical Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Worldwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; 6. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the poficy period, whichever is earlier; and C. The coverage does not apply to an "accidenY' which occurred before you acquired or formed #he organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the poticy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The tessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED UMiTS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION il - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) �equired because of an "accident" we cover. We da not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5. of SECTION 11- COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accidenY'. Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion 6.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we wilt pay for "loss" is $Z00. No Physical Damage Coverage deductible appiies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D, in SECTION 111 - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of atl the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to add the fol�owing: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D, in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (9) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suiY' or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, senrant or "employee". b. Additionally, you and any other invalved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services O�ce, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received conceming the claim or "suiY'. (3) Cooperate with us in the investigation or settlement of the ciaim or defense against #he "suit". (4) Authorize us to obtain medical records or other pertinent informatian. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversefy affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suiY' is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suiY'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suiY' and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suiY' and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suiY' without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We wilt not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSIGAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible wi11 be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION 111- PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto' ; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accidenY'. If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual ar by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser af the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOANILEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Callision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss' ; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 0711 17 OO 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS 1N MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOE5 NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: 7he coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.S. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. !f the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.S. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAB MP UM UIM Name of Individuai XX. Notice of Cancellation or Nonrenewal Name and Address COMP COLL Number of Days AC 84 07 11 17 �O 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of tnsurance Services Office, Inc., with its permission. Policy Number: AS2-Z91-471905-031 issued by: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 O 2010, Liberty Mutual Group of Companies. A�I rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number AS2-Z91-471905-031 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMP�ETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Name of Other Person(s) / Email Address or mailing address: Number Days Notice: Or anization s : A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 O 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted materia► of Insurance Services O�ce, Inc., with its permission. � , 1 1 UtU WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 6/15/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002063431 of Texas Mutual Insurance Company effective on 6/15/21 Issued to: BEAN ELECTRICAL INC This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 �� z/� Authorized representative s�si2i WC 42 03 04 B � .-� s + �� : ' r� � . This Power of Attorney limits the acts of tiwse named herein, and if�ey have no authorify to bind the Comparry exce� in the manner and tn �e extent herein stated. Liber#y Mutual Insarar�ce Company The Ohio Casuaify insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8205467-022020 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casu�ty Ins�ance Comparry is a carpora6on duly aganized unde.r the laws of the State of New Harr�shire, that laberly Ak�h�al h�s�ce Company is a corpora6on duly organized under ihe laws of the Siate ofi A+lassadws�is, ar�d West American Insurance Company is a c�rrporation duly arganized ��r ihe laws oF the Siate of Indrana (herein coilectively caVed the "Companies�, Pursuar�t to a� by auihorRy herein sek �Odfi, does hereby name, const�ute and appoint, Don E. Cnmell; Joshua Saunders; Reily A. Westbrooi� Mikaela Peppers; Ricardo J. Reyaa; Robbi Morales; Sophiaie Hurner Tina McEwan• Tonie Petianek aIl of U�e aly of DalIas state of TX ead� indnnduaUy if �ere be rtwre than a�e named, �s true and lawfui attomey-in-fact to make, execa�te, seaf, admowl�ge and de6ver, far �d on its behalf as surety and as ifs ac� and deed, �y and �I rm�rtalangs, bnnds, recogn¢ances and other ��ety ol�igations, in pursuance of these presents and sha0 be as t�nc6ng upon the Comp�ies as 'rf they have been duly sigr�ed by ihe presidern and ait�ted by the secxetary ot the Companies in iheir own proper Persons. IN WITNESS WHEREOF, this Power of AtEomey has been subsabed by an auiha¢ed officer or oificial of the Canpanies and 6�e corporate seals of the Cornpanies have been aft'ixed therdo lhis 23rd day of April , 2021 . ui N c c� c`u State of PETiNSYLVANIA � County of MONTGOMERY Liberty tukitual insurance Company Py 1NSU� P�TY 1NgV ��NSUq9 The Ohio Casua(ty Insurance Company a� ��"PO�r �� g� �oRPOl�sr�y �GP�o�°Rar �'p WestAmer�artlnsuranceCompany � 3 Fo m v�r 3 °b m � 3 Fo n+ 19'12 � 0 1919 � � 1999 � � : a, o s o d�, ss.a�Hos�aa y� `�`'ya��da .rs �.mu,N* aa � ` � �� * *� �yl * �� M * �� By: Datid M Carey, Assisfant Seaetary �� On 8�is 23rd day of April , 2021 before me personally appeared DaNd M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance as Co�y, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being author¢ed so to do, execute the foregoing instnunenf for the purposes !� theran cnntained by signing on behatF of the corpora8ons by himself as a duly authorized o�icer. i� _� _-a f y 1 � �O 1 � .� iN �� i� �� i� IN WITNESS WHEREOF, I have hereurito subsaibed my name and affaed my nofarial seal at IGng of Pn.�sia, Pennsylv�ia, an the day and year first above written. �F, ?'4sr �{�$`�+ ,ppNV7 ��,+ CanmOnWeallhofPCnnsyH2ni0"NOtBrySeai Z ,a�" �,� f Teresa Pastdia. NNotary Pub6c � t. o Z P MoM9omery Gonrty ��Q%�,c.i-1-a�/ OP My Col7imission elcpires M2rd7 28, 2025 �f: Y Commiarron num6er 9126044 '� 7Y�yVPg„�y M�,,,�, PB,„„�,�,�„�,,,�,a,;�, eresa Pastella, Notary Pubqc �� This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in fulf force and efFed read"mg as follows: �ARTICIE IV-OFFICERS: Section 12. Power of A�omey. Any officer a other offiaal of the Cor�oration authorized for that pu�pose in writing by the Chairtnan or the President, and subject to such limitation as the Chairman or fhe President may prescrtbe, shall appant such attomeys-in-fact, as may be necessary to act in behalf of the Corpora6on to make, execute, seal, admowledge and defiver as surety ar�y and all unde�akmgs, bonds, recognizances and ather surety obligations. Such a#omeys-in-fact, subject to fhe limitations set forfh in their respective powers of attomey, shall have full power Yo bind the Corpora�on by their signature and exeaition of any such instramenfs and to atNac� thereto the seal of fhe Co�paation. When so executed, such instrum�is shall be as bindr�g � if signed by the President and aftested to by the Seaetary. Any power or authority granted to any representative or attomey-in-fact under the provisions af this artide may be revoked at any time by the Board, the Chairmar�, the President or by the otficer or oificers granting such power or aathority. ARTICLE XIII - Execution of Cordracis: Section 5. Surety Bands and Undedakmgs. My officet of the Comparry authorized for thaE purpose in wriGng by the chairman or the president, and subjed to such lenitations as the chairman or the president may prescribe, shall appo�t such attomeys-m-fact, as may be necessary io act in behalf of the Company to make, execute, seal, adcnowledge and deliver as surety any and all undedakings, bonds, recognizances and other surety ob6gations. Such attomeys-in-fact subject to the limitations set farth in their respestivve powers af attomey, shalt have full power to bind the Company by their signafure and executian of any such instruments and to attach thereto the seal of fihe Company. When so executed such instrumenfs shall be as binding as if signed by the president and aflested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, autharzes David M. Carey, Assista�t Seaetary to appoiot such attomeys-in- fact as may be necessary to act on behalf of the Company ro make, enecute, seal, acknowledge and deliver as surety any and all unde�takings, bonds, recognizances and other surery obligations. Authorization - By unanimous consent of the Cortq�any's Board of DaecYors, i�e Company �nsents that fa�sim0e or mechanicalty reproduced signature of any assistanf secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and bin�ing upon the Cumpany with fhe same forc�e and effect as though manually affuced. �•--�-��-�-��,, I, Renee C. Lleweltyn, the undersigned, Assistant Secretary, The Ohio Casualiy Insurance�Co,mpan}; tibedy Npitaal Insurance Company, and West American Insurance Company do hereby certify that the aiginal power of a�omey af which the foregang is a full, true anc# wir�c,Gcopy��tli 'P�wer oiAttomey executed by said Companies, is in full force and effect and - ,a v�- � has not been revoked. `' ` � `� = „ ' � _ ,.-� rl� IN TESTIMONI' WHEREOF,1 have hereunto set my hand and affixed the seals of s�aid�bmpanies fhis �=. dayof _ _� , Pv WSU�'•9 P�,�Y INSL �� 1NS(/� � = �.`� a°c�v°RqT LC+ yJ a°RPox9>� �.VP'a°�Orr-0> ?�+ +'� - J 3 Fo co �e r Fv m ��. _-�. bc n+ :< f n ' ,,,.'�y 1912 0�1919�o Q'19g1� o`� YdVI sBACHU`+�aa yo `�HqMpsa��' a3' rs �HDlANo` ,aa� �$y� Renee C. LJeweu Assistanf 5ecreta e� * },� �'Hl * �,t� �M * 1�� Yn, ry LMS-12873 LMIC OGC WAIC Mutti Co 02121 ' i� Qo s_. N 3 CO O N �� 00 a� c� �— a� .r � s ` `!� ; �. � . r�� . ��S IlVIPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas 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 Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas. ov E-mail: ConsumerProtectionca�tdi.texas.�ov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. � ��.s AVISO IMPORTANTE Para obtener informacion o para someter una queja:, Usted puede llamar al numero de teiefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Degartamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas. ov E-mail: ConsumerProtectionn,tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) ATTACH THTS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: l This notice is for information only and does not become a part or condition of the attached documer�t. Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 01 _ LMS-0529210/15 0� 52 14 - 3 PAYN3ENT BQN� Page I of 3 1 2 3 4 5 fi THE STATE O� TE7�CA5 C�UNTY OF TARRANT SECTI�N 4� 6214 ,PAYMENT SOND # 445442Z � § KNOW ALL BY TH�SE PRESENTS: § 7 That we, BEA1V ELECTRICAL, iNC. , knawn as "Principal" herein and SLiRETEC 8 INSURANCE a corpara#e surely { or sureties if rnQre than one}, duly auti�orized to do business 9 in the 5tate of Texas, known as "S�.irery" herein �whether one or more}, are held and firmly hound 1� untv the De�eioper, FG ALEDD D�VEL�PMENT, LLC, authorized to da business in Texas ] 1 "(I]e�e�oper"}, and the City of Fnrt Worth, a Texas muni�ipal corporation ("City"), in the penaf Y2 sum of 7'WENTY ONE TH�USAIVD �NE N[71�DRED FORTY Si)C DULLARS Ai+ID Np CENT5, 13 (�Z1,I46.D0), Iawfu! money gf the United States, to be paid in Fort 14 Wvrth, Tarrant Cflunty, Texas, for the payment of which sum weli and truly he made jointiy unto I5 the De�e2aper and the Citj+ as dual obligees, we bind oursel�es, our heirs, exec�tors, t 6 administrators, successors and assigns, joinfty and se�erally, firmly by these presents: ] 7 WHEREAS, �e�eloper and City ha�e entered into an Agreement for #he construction af t8 commu�tity facilities in the City of Fort WortF�, by and through a Community Facilities 19 Agree�nent, CFA Nu�nber ��-flQ C?E� ;and 2D WHEREAS Principal has entered into a certain written Contract with De�eEoper, 21 awarded the ��day ai , 20 �! w�ich Contract is hereby 22 referred to and made a part hereof for al] pur�oses as if fully set forth herein, to fumish all 23 materiafs, equipment, ?abor and other accessQries as defined by law, in t�e grose�uiion af the 24 VL�ork as pravided for in said Contract and designated as MDRNINGSTAR -- 5ECTIDN 1�, 25 pHASE l. zd z7 N�W, THEREFORE, THE CpNDITION �F THIS DBI.IGATI�N is such that if 28 Principal shall pay all mon3es owing to any {and atl} payment bond benefciary (as defined in 24 Chapter 2253 of the Texas Go�ernment Code, as amended} in the prase�ution of the Work under 30 the Cantract, then this ol�ligatian shall be and become null and �oid; otherwise to remain in full 3 i force and effect. CITY RF FpRT WflATH MO[i1�7INGSTAR— SECTION i0, PHASE l STANDAAD CI'FY COND[TtONS — DEVELOPER AWA�tI7E� PRQlECTS CiTY PR�7EC7' ND.: 103488 Revised lanuary 31, 20i2 00 fi2 14 - ? PAYMENT $CIN�] Page 2 of 3 ] This hond is made and executed in compliance with the pro�isions of �hapter 2253 of ttte 2 Texas Go�emmet�t Code, as amended, and all liabilities on ihis bond shali be determined in 3 accordance with the pra�isions of said statute. 4 IlV VI�TNESS WHERE��', the Principal and Surety ha�e each SIGNE� and SEALED 5 this instrurnent hy duly authoriaed agents and officers an this the 7� day of 6 � _�, 20�. Arr�sr: � �. � � �� _ � �L � (Principal} Secretary � � � � . � ,��r IWitness as to Principal ATTEST: NIA (Surety) Secretary v-..,1 , ' �- � Wi#nes's as r� 5urery Mnni Rabah, Band Account Manager 8 9 i0 II PRINCTPAL: BEAN ELECTRI� , INC. _ ; '1 � �Y: -/ %• r i. ature Rov R. B�Arr, ��sro�v� Name an� Title Address: 82 ] �AST ENON FQRT WORTH, TEXAS, 7b 14D SURETY: SureTec Tnsurance Campany 1330 Post Dak Bl�d. Ste 1100 Houston, TX 77056 BY: Sig ture ' Jolann Moss Attarne -i.n-Fact AIame ar�d Title Address: 2255 R.idge Raad _ . � Suite 333 �toc�rcJ,,.�'x 7sos7 �, Te�ephane Number: 972-772-7220 Note: If signed by an officer of the Surety, there must he �n file a certified extract from the hylaws showing that this person has autharity to sign such abligaiian, If Surety's physical address is different from its rnailing address, botl� must be pro�ided. C[TY OF Faf2T WORTH PvSDRN1NG5TAR — SECI'3flN lfl, PHAS� 1 STANDARD C1TY CONI}1T14N5 — D£VEiAPER AWARI}ED PROlECTS CITY PAOSECT N�.: C3TY PA�IECTiYO.: 1fl3488 Revised ianuary 31, 2Q12 406214-3 PAYMENT BOND Page 3 of 3 2 The date of the bond shall not be prior to the date the Contract is awarded. 3 END OF S�CTION CITY OF FORT WORTH MORNINGSTAR — 5ECT10N 10, PHASE 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJGCTS CITY PROJECT NO.: 103488 Revised January 31, 2412 i z 3 4 5 s � 0�6213- I PERFDi�MANCE IIOND SECTIQN �d G213 Page I o�3 PERF'ORMANCE B�AfD # 4454422 THE STATE UF TEXAS § § I�N�W ALL BY THESE PRESEIVTS: C�UNTY �F TARRANT § � 8 That we, SEAN ELECRICAL, IiVC. , knowr� as "Principal" herein and SiiRETEC 9 I1�i5URANC�, a �orparate surety(sureties, if more tha� one] duly autharized ta do bussness in 10 the 5tate of Texas, �own as "Surety" herein {whether one or more}, are held ar3d firmly bound ] 1 unto the �evelflper, FG ALED� DEVELQPMENT, LLC, authorized to do business in Texas i2 t"De�eloger"} and the City of Fort Worth, a Texas municipal corpvration {"City"), in the penal 13 sum nf, TWEN'FY QNE TNQLISAiVD �NE T-IUNDRED FDR'rY SI7{ ��LLARS AItiD NO CE]VTS, ] 4 [�21,146.OU) , lawful money of the Llnited States, ta be paid in I5 Fvrt Worth, 'Farrant County, Texas for the payment of which sum weli and truly ta be rnade 16 joint[y unta the De�elo�er and the City as duaI ohligees, wc bind ourseI�es, our heirs, executars, ] 7 administrators, successors and assigns, jointly and se�erally, firmly by fhese presertts. 18 WHEREAS, De�eloper and City ha�e entered inta an Agreement for the construction af 19 community faci�ities in the City of Fort Wor�h by and ttu�a�gh a Comrnunity Facilities Za Agreement, CFA Number 22�� and 2 t WI-IERE S, the Prin�ipaE has entered into a certain written contract with the De�elaper awarded 22 the �day of �,/J� , 20� which Contract is hereby referred to arid made a 23 part hereof for ali purposes as if fully set forth her�in, to furnish all materials, equipment Iabor 24 and othar accessories defined by law, in ttte prosecration of the Woric, inciuding a�y Change 25 �rders, as pro�ided for in said Cvntract designated as MORNINGSTAR— S�CTIQN 10, 26 PHASE l.. 27 N�W, THEREFDFiE, the condition of this obligation is su�h that if the said Prin�ipal 28 shail faithfully perform it vb3igations under the Contract and shall in all respects duly and 29 faithfuFly perform the Work, including Change flrders, under the Contract, according to ihe plans, 3a specif�catians, and conEraci documents therein referred to, and as well dursng any periad of 31 extension of the Cantract that may he granted an t�e part of the De�eloper andlor City, then this 32 o6ligation shal� be and become null and �oid, atherwise to remain in fu[i force and effect. C1TY pF F�RT WORTH MORNINGSTAR — SECTION I�, PHASE 1 CITY PROIECT NO.: 1fl3488 STANDARD CITY CQNflITI0N5 — DEVELOPEA AWARDEB PkDJECTS Revised Ianuary 31, 2d I 2 006? �3-a AERFDRMANCE BQi+iD Page ? af 3 ] PR�VII]ED F[]RTHER, that if any lega� action �e filed on this Sond, �enue sha111ie in 2 Tarrant County, Te�cas ar the United States 17istrict Court for the Northern District af Texas, Fvrt 3 Worth Di�ision. 4 5 6 This �ond is made anc3 executed in camp3ian�e with the pro�isions of Chapter 2253 of the Texas Go�ernment Code, as amended, and a13 liabilities on this bond sl3ali be de#ermined in accordance with the provisians of said statue. 7 IN WITNESS i�V1-IERE�F, the Prin�ipal and the Surety have SIGNED and SEALED 8 this insfrument by duiy authvrized agenis and offcers on this the � day of 9 /�-� , 20 � ."; L �o li 12 13 ]4 �� lb 17 ig 14 20 21 22 23 24 25 2fi 27 28 29 36 31 32 33 34 35 36 37 38 39 40 41 42 �13 44 45 46 47 A TEST: + , ;L,�' (Pri �i r) dcr 1 y ' , ! •' � � .� ! � , � . . ! � ` Ir / / Witness as ta Prin�ipai PFt1NC1PAL: BEAN ELECT AL, INC. � �, C _ � ��: +� gna re Itiiame and Tiile Address: 82i EAST EIVaN FORT WQRTH, TEXAS 7514� SURETY; 5ureTec Insurance Company 133a Post Dak Bi�d..Siel i QO Houston. TX 7�05b BY: i � Signatur � .Tvhnny ss, Attorney-in-Fa�t Name and'�itle 1.-1, � - W itness as to Surety Muni Rabaia, Sprsd A�caunt Manager Address: 2255 Ridge Roa� _ �.ui2��. � Telept�ane Num�er: �72-772_722� *Note: If signed hy an offcer of the Surety Campany, there must be on file a certified �xtract from the by-laws showing tttat this person has authority to sign such obligation. If Surety's physical ad�ress is di�'f'eren# fram its mailing address, hoth must be pravided. CITY OF FOAT WDRTH MOFi.HINGSTAA — SECTfDN la, PHASE i 5'CANDAAI7 CITY CpNI71T1QN5 — DEVELQPER AWARI]E�D PRO]ECTS CiTY PROIECT NO.; IQ3�388 Revised Ianuary 3i, 2012 006213-3 PERPORMANCE BOND Page 3 of 3 The date of the bond shall not be prior to the date the Con#ract is awarded. CITY OF FORT WORTH MORNINGSTAR— SECT[ON 10, PHASE 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103�388 Revised January 31, 2012 no6z»•� Mnnar�an�cE sarrn Page 1 af 3 r 2 3 4 5 fi 7 THE STATE OF TE�LAS CDUNTY �F TARRANT SECTTdN DO 62 19 MA1N'T`ENANCE B�ND # 4454422 § § KNDW ALL BY THESE P1�SENTS; § 8 That we BEAN ELECi'RICAL, INC., known as "Principal" herein and SllRETEC 9 INSURANCE, a corporate surety tsureties, if rnore than one} duly authoriz.ed to da business in �Q The SEate of Texas, known as "5urety" herein {whether one or more), are heId and �rmly bound li 12 ]3 i4 unto the De�eloper, FG AL�DO DEVEL�PMENT, LLC, authorized ta do business in Texas ("De�e�vper"} and t�e City of �ort Worth, a Texas municipa] carparation {"City"}, in the sum of TWENTY DNE THUUSAND dNE HUNDRED FURTY SI� DULLARS AND N� C�NTS, 15 {521,146.Da), lawful money of ti�e llnited States, ta be paid in Fort Worth, t5 Tarrant County, Texas, far payme�t of which sum well and truly be made jointly unto the 17 De�e�oper and the City as dual ab�igees and ttteir su�cessors, we bind ourse3�es, our heirs, 18 executors, administrators, suc�essors and assigns, jointly and se�eraIly, firm�y by these presents. ]9 20 WHEREAS, De�eloper and City ha�e entered into an Agreement %r the construction of 21 commur�ity facilities in ihe City of Fort Worth by and through a Communiiy Faciii#ies 22 Agreement, CFA Numher Z2�3� ;and 23 WFIEREA�, the Princigal has entered into a certain written co�ts'act wiih the �eve�oper 24 awarded fhe ��day af ��'Ir , 20�whi�h Contract is 25 hereby referted to and a made pari hereof for all purpases as if fuily set forth herein, to furnish ali 26 rnaterials, equipment tabor anci other a�cessories as defined hy iaw, in the prosecution of the 27 Work, inciuding any Work resulting from a duly authorixed Change Drder (collecti�ely herein, 28 the "Woric"} as pro�ided for in said Contra�t and designated as MQRNINGSTAR — SECTIUN 29 I{i, PHASE 1 and 3a 31 WHEREAS, Principal binds itself ta use such materials and to so construct ihe W�rk in 32 accordance with the plans, specifications and Cantract Dacuments that the Work is and wifl 33 remain free from defec#s in materials or workrnanship for and during ihe period oit►vo (Z) years 34 after the date of Final Acceptan�e o€the Work hy the City ("Maintenance Period"]; and CITY flF FDRT WaATH MOiZNIhGSTAR- SFCTION 10, PHASE 1 STANDARD Ci"fY CONDITIONS - DEVELOPER AWARiIED PRDI�CTS C[TY PRp.IECT iVQ,: ]a3488 Revised ]anuary 3I, 2012 OOb219-2 MA3Ni£NA3JCE BOND Page 2 of 3 i 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of #he need thereof at any time within the 4 Main#enance Period. 5 b 7 8 9 10 3I i2 13 14 15 16 17 I8 19 20 21 22 23 24 NOW THEREFORE, the condition of this obligation is such that if Principal shali remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfac#ory to the City, then this obligation shall become null and void; oiherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shal] fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant Coun#y, Texas or the United States District Court for the.Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, AHASG 1 STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised January 31, 2012 �UdZ 19-3 MAINT'ENAI�CE B�ND Pagc 3 oF 3 i IN WITNESS WHEREUF, the Principal and the S�rety ha�e each SIGNEl7 and SEALED this 2 insfrument hy duly authorixed agen#s ar�d officers �n this the � day af i� 3 20�1� 5 6 7 8 9 ]ff i] I2 13 1� 1S ]6 17 ]8 ]9 2Q 2] 22 23 za 25 26 27 28 29 30 3] 32 33 34 35 3fi 37 38 39 4Q 41 �� 43 PRIIVCIPAL: BEAN ELEC A ST: . i � � � 1��--.'�J r ��Tl CS� �1� t � 1tOY Ft. BEANIFRESIDENT Narne and Title `� ;' � i. 1 + ? , �.. . ; Witness as to Principal ATTEST; Address: 821 EAST ENOIV �'DRT WOR'TII, TE7CAS 76F4£l SURETY: Sure'i"ec Insurance Company 133a Post�ak Bl►+d.. Ste 11fl0 __ Houst�n,_T,7��ass BY: ' nat c _ dohnny Mass. Attvrney-in Fact Name and iitle NIA Address: 77,�.�Ridg�Road— _ (5urety) 5ecreiary • l�` Rnc�� T�{ 75[187 �� `r Witnes 'as ta 5urety Telephane tdumber: �7Z-7�-72�0 Mwni Rabal� IIond Account Manager *Note: Ii signed by an o�cer of the 5urety Company, there must be on file a certified extract from the by-]aws showing that this person has authority to sign such o�ligation. Tf 5urety's physical address is different fr�m its mailing address, both m�ast be prp�ided. T"I�e date of the bond shall not be prior to the date tHe Cantract is awarded. C1TY OF FpR'1" WOATH tuIOIZN[NGSTAR - SECTIpN l0, PHASE 1 STANDARf] CITY CONb]Ti0N5 - DHVELOPEA AWARI�ED PAOSECTS C1TY PAOSECT � f0. IU3488 Reviud lanuary 31, 2Q12 ARTICLE 1— :F .""�.rrA� ��' ""'�� ' ENGlf�EERS .101I�T C�NTRA�T DOCUMENTS COMMITTEE License Agreement Before you use this E1CDC document: 1. Read this license Agreement in its entirety. 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Z0005 (202)347-7474 www.acec.or� American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.ora This dac�rne�t has important �ega� consequences; eonsultation with an attorney is encauraged with res�ect to its use or modifitation. 7his document should be adapted to the particular circumstantes nf the eontempiated Praject and the tnntroiling Laws and Reg�iatians, STANI]AR[] GENERAL C�NDITI�NS �F THE CON5TRUCTI�N C�NTRACT Prepared by ��.a�� EI�GIN�ERS JQINT CQ�lTRAC� QOCUM�NTS COMM1rTEE lssued and Published Jointly by A�E� .l�n k�e�►ti Cni u�r ur i:ve.i:�i i Kt�� ['t��i•�uii � '!.' f�: ,:�i :,i �•� .. ��: �.f.,R I PJ�ili I[ �;5 National Soctety of - P�nvfessione� Eng�neers� Endarsed by �� ucq E]COC' C-7D0 [Her_ ij, StarWard Genera! Conditlons qf the Conatniction CpntratL. Capyr�ght D 2a13 Nalionaf Sotlety of Prafesslonal F�gineers, Ametitan Cau�c� vi Engineering Co�npanies, ar�d Arnerican Society of Civil Engineers. AN riah}s reserMed, These General Canditians have been preparet! far use with the Agreement Between Qwner and Contractor for Cnnstruction Cantract �EJCdC� C-5�0, Stipulated Sum� or C-5Z5, Cast-PluS, 2013 Editionsj. Their provisions are interrela#ed and a change in nne may necessitate a change in the ather. To prepare supplemen#ary conditions that are coardinated with the Genera! Conditions, use FJCDC's Guide t❑ the Preparation of 5upplementary Canditions (E.1CDC� C-8i1�, 207.3 Editionj. The full EJCDC Canstruction series of d�cuments is discussed in the Commentary on the 2U13 E1CDC Canstruction Documents �EJC�C' C-flDl, 2U13 Edition}. Copyright 0 za�3: IVationai 5aciety of Prafessional EngineerS la2fl King 5treet, A�exandria, VA 22314-Z794 (703) 584-28$2 www.�is�ye.uig American Cauncil af Engineering Companies 1�I5 15th Street N.W., Washington, ❑C 200Q5 {2fl2} 347-7474 www.,�� t�C,urg American Society af Ci�il Engineers 1801 Alexander Bell I]ri�e, Reston, VA 20191-440� �$�D} 548-Z7�3 www.as�e.drg Fhe eopyright for this dacument is owned jaintly by the three spansoring ❑rgani=atiflns listed abo�e. The National 5ociety of Professional Engineers is the Gnpyright Administratar for the EJCDC documents; please direct all inquiries regarding �CDC capyrights ta NSPE. �f�TE: EJCpC put�lications may be purchased at www,e��dc.or�;, or from any of the spansoring organitatinr►s above. EICDC' C•700 [Rev. l], SWndard Grneral Cond3Nons af the Conatructlon [onlraeG [qpyrl6ht O 2[F13 Natlor�al Saclety of Prafesslorial Ergtneers, American [wrrcN of Engineerin� Companies, and Ameriran SadeLy of ��I Engineers. All rights reserved. STANDARD GEN�RAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTEN7S Page Article 1— Definitions and fierminology .........................................................................................1 1.Q1 Defined Terms ........................................................................................................................1 1.02 Terminology ............................................................................................................................5 Article 2— Preliminary Matters ....................................................................................................... 6 2.01 Delivery of 8onds and Evidence of Insurance ........................................................................6 2.Q2 Copies of Documents ..............................................................................................................6 2.03 Befare Starting Construction ..................................................................................................6 2.04 Precanstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules ..............................................................................................7 2.06 Electronici"ransmittals ...........................................................................................................7 Article 3— Documents: lntent, Requirements, Reuse .................................................................... 8 3.01 I nte nt ......................................................................................................................................8 3.02 Reference Standards ..............................................................................................................8 3.03 Reporting and Resolving Discrepancies ..................................................................................8 3.04 Requirements of the Contract Documents ............................................................................9 3.05 Reuse of Documents .............................................................................................................10 Article 4— Commencement and Progress of the Work ................................................................10 4.01 Commeneement of Contract Times; Notice to Proceed ......................................................10 4.02 StartingtheWork .................................................................................................................10 4.03 Reference Paints ...................................................................................................................10 4.04 Progress Schedule ................................................................................................................10 4.05 Qelays in Contractor's Progress ............................................................................................11 Article 5— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions..................................................................................................................................... 12 5.01 Availabiiity of Lands ..............................................................................................................12 5.02 Use of Site and Other Areas .................................................................................................12 5.03 Subsurface and Physical Conditions .....................................................................................13 5.04 Differing Subsurface or Physica( Conditions .........................................................................14 5.05 Underground Faciiities .........................................................................................................15 ElCDC' C-700 (Rev.1), 5tandard General Conditions of the Construetion Contract. Copyright m 2013 National Society of Professional Engineers, American Counal of Engineering Companies, and American Society of Civi► Engineen. All rights reserved. Page i 5.06 Hatardous Environmental Conditions at Site .......................................................................17 Article 6— Bonds and Insurance ................................................................................................... 19 6.01 Performance, Payment, and Other Bonds ...........................................................................19 6.02 Insurance—General Provisions ............................................................................................19 6.03 Contractor's Insurance ......................................................................... ....... ..20 ...... ................. 6.04 Owner's Liability Insurance ..................................................................................................23 6.05 Property Insurance ...............................................................................................................23 6.06 Waiver of Rights ...................................................................................................................25 6.07 Receipt and Application of Property Insurance Proceeds ....................................................25 ' Article 7— Contractor's Responsibilities ....................................................................................... 26 7.01 Supervision and Superintendence ........................................................................................26 7.02 Labor; Working Hours ...........................................................................................................26 7.03 Services, Materials, and Equipment .....................................................................................26 7.04 "Or Equals" ...........................................................................................................................27 7.05 Substitutes ............................................................................................................................28 7.06 Concerning Subcontractors, Suppliers, and Others .............................................................29 7.07 Patent Fees and Royalties ....................................................................................................31 7.08 Permits ..................................................................................................................................31 7.09 Taxes .....................................................................................................................................32 7.10 Laws and Regula#ions ...........................................................................................................32 7.11 Record Documents ...............................................................................................................32 7.12 Safetyand Protection ...........................................................................................................32 7.13 Safety Representative ..........................................................................................................33 7.14 Hazard Communication Programs ........................................................................................33 7.15 Emergencies .........................................................................................................................34 7.56 Shop Drawings, Samples, and Other Submittals ........................................ .................34 7.17 Contractor's 6eneral Warranty and Guarantee ...................................................................36 7.18 Indemnification ....................................................................................................................37 7.19 Delegation of Professional Design Services ..........................................................................37 Article 8— Other Work at the Site ................................................................................................ 38 8.01 Other Work ...........................................................................................................................38 8.02 Coordination .........................................................................................................................39 8.03 Legal Relationships ...............................................................................................................39 EJCDC� G700 (Rev. i), Standard General Conditions of the Constructlon Contract. Copyright � 2013 National Society of Professional Engineers, Amerycan Counci! of Engineeri�g Companies, and American Sodery of Civit Engineers. AN rights reserved. Page ii Articie 9— Owner's Responsibilities .............................................................................................. 40 9.01 Communicatians to Contractor ............................................................................................40 9.02 Replacement of Engineer .....................................................................................................40 9.03 Furnish Data .........................................................................................................................40 9.04 Pay When Due ......................................................................................................................40 9.05 Lands and Easements; Reports, Tests, and Drawings ..........................................................40 9.06 Insurance ..............................................................................................................................40 9.07 Change Orders ......................................................................................................................40 9.08 Inspections, Tests, and Approvais ........................................................................................41 9.09 Limitations on Owner's Responsibilities ...............................................................................41 9.10 Undisclosed Hazardous Environmental Condition ...............................................................41 9.11 Evidence of Financial Arrangements ....................................................................................41 9.12 Safety Programs ....................................................................................................................41 Article 10 — Engineer's Status During Construction ...................................................................... 41 10.01 Owner's Representative .......................................................................................................41 10.02 Visits to Site ..........................................................................................................................41 10.03 Project Representative .........................................................................................................42 10.04 Rejecting Defective Work .....................................................................................................42 10.05 Shop Drawings, Change Orders and Payments ....................................................................42 10.06 Determinations for Unit Price Work .....................................................................................42 10.07 Decisions on Requirements of Con#ract Documents and Acceptability of Work .................42 10.08 Limitations on Engineer's Authority and Responsibilities ....................................................42 10.09 Compliance with Safety Program .........................................................................................43 Article 11— Amending the Contract Documents; Changes in the Wark ...................................... 43 11.01 Amending and Supplementing Contract Documents ...........................................................43 11.02 Owner-Authorized Changes in the Work .............................................................................44 11.03 Unauthorized Changes in the Work .....................................................................................44 11.04 Change of Contract Price ......................................................................................................44 11.05 Change of Contract Times ....................................................................................................45 11.06 Change Proposals .................................................................................................................45 11.07 Execution of Change Orders .................................................................................................46 11.08 Noti�cation to Surety ...........................................................................................................47 Articie12 — Claims ......................................................................................................................... 47 EICDC• G700 (Rev.1), Standard General Conditions of the ConsCructian Contrad. Copyright � 2013 National Society of Professional Engineers, Ameripn Council of Engineering Companies, and American Society of Gvil Engineers. All rights reserved. Page iii 12.01 Claims .......................................................................................... .........................................47 ' Article 13 — Cost ofthe Work; Allowances; Unit Price Work ........................................................ 48 13.01 Cost of the Work ...................................................................................................................48 13.02 Allowances ............................................................................................................................50 13.03 Unit Price Work ....................................................................................................................51 Article 14 — Tests and Inspection5; Correction, Removal or Acceptance of Defective Work....... 52 ' 14.01 AccesstoWork .....................................................................................................................52 14.02 Tests, Inspections, and Appro�als ........................................................................................52 14.03 Defective Work .....................................................................................................................53 14.04 Acceptance of Defective Work .............................................................................................53 ' 14.05 Uncovering Work ..................................................................................................................53 14.06 Owner May Stop the Work ...................................................................................................54 ' 14.07 Owner May Correc# Defective Work ....................................................................................54 Article 15 — Payments to Contractor; Set-Offs; Completion, Correction Period .......................... 55 ''' 15.01 Progress Payments ...............................................................................................................55 15.02 Contractor's Warranty of Title .............................................................................................SS , 15.03 Substantial Completion ........................................................................................................58 � 15.04 Partia� Use or Occupancy ......................................................................................................59 ' 15.05 Finallnspection .....................................................................................................................59 1�.06 Final Payment .......................................................................................................................59 ' 15.07 Waiver of Claims ...................................................................................................................61 15.08 Correction Period .................................................................................................................61 � Article 16 — Suspension of Work and Termination ........ 62 ; ............................................................... 16.01 Owner May Suspend Work ...................................................................................................62 16.02 Owner May Terminate for Cause ...............................................................�-•---....---.............62 li 16.03 Owner May Terminate For Convenience .............................................................................63 '� 16.04 Contractor May Stop Work or Terminate ............................................................................63 Article 17 — Final Reso[ution of Disputes ...................................................................................... 64 17.01 Methods and Procedures .....................................................................................................64 Articie18 — Miscellaneous ............................................................................................................ 64 , 18.01 Giving Notice ........................................................................................................................64 18.02 Computation ofTimes ..........................................................................................................64 ' 18.03 Cumulative Remedies ................................................ .........................64 ; .................................. E1CDC• C-700 (Rev. l), Standard General Conditions of the Construction Contract. Copyrigh# O 2013 Plational Society of Professionat Engineers, pmerican Council of Engineering Companies, and American Society of Cvit Engineers. All rights reserved. Page iv 18.04 Limitation of Damages ..........................................................................................................65 18.OS No Waiver .............................................................................................................................65 18.06 Survival of Obligations ..........................................................................................................65 18.07 Controlling Law .....................................................................................................................65 18.08 Headings ...............................................................................................................................65 EICDC• C-700 (Re�.1), Standerd General Conditions of the Construction Contract. Copyright � 2013 National Society of Professional Engineers, American Council oi E�gineering Companies, and American Society of Civit Engineers. Alf rights reserved. Page v ARTICiE 2— DEFINITIUNS AND TERMINOLOGY 2.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, wili have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supparting documentation as is required by the Contract Documents. 4. Bid-7he offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order—A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal—Awritten request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initia{ decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDCm C-700 (Rev. 1), Standard 6eneral Conditions of the Construction Contract. Copyright � 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Atl rights resenred. Page 1 of 65 has declined to address. A demand for money nr services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBsj, hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes tisted, regulated, or addressed pursuant to (a) fihe Comprehensive Environmentai Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materiais Transportation Act, 49 U.S.C. §§5101 et seq.; {c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. {"RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (fj the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regutation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money tha# Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times—The number of days or the dates by which Contractor shall: (aj achieve Miiestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor—The individual or en#ity with which �wner has contracted for performance of the Wark. 17. Cast of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which ihe Contract becomes effective. 20. Engineer—The individual ar entity named as such in the Agreement. 21. FieJd Order—A written order issued by Engineer which requires minor changes in the Wark but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant #o industry practices, Laws and Regulations, and the requirements af the Contract, does not establish a Hazardous Environmental Condition. 23. Caws and ReguJations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulatians, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdictian. FJCDC' C-700 (Rev. i), Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, Ame�ican Courrcil of Engineering Companies, and American Society of Civil Engineers. AU rights r�erved. Page 2 of 65 24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personai property. 25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which the Contract Times witl cammence to run and on which Contractor shall start to perform the Work. 28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents ar other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Canditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Praject Representative. 33. Samples—Physical examples of materials, equipment, or workmanship that are rapresentative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. ScheduJe of Submittals—A schedu4e, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related canstruction activities. 35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for PaymenC. 36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data ar information that are specifically prepared ar assembled by or for Contractor and submitteci by Contractor to ilfustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EICDC• C-700 {Rev. 1), Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site—Lands or areas indicated in the Con#ract pocuments as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications—The part af the Contract that consists of written requirements for materiais, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters epplicable to the Work. 39. Subcontrpctor—An individual or entity having a direct contract wifih Contractor or with any other Subcontractor for the performance of a part of the Work. 40. 5ubstantiat 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 thereofj is sufficientfy complete, in accordance with the Contract Documents, so that the Work (or a specitied part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantialfy completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Suaessful Bidder—The Sidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplemenrary Conditions—The part of the Contract that amends or supplements these General Conditions. 43. Supplier—A manufacturer, fabricator, supplier, distributar, materiaiman, or vendar having a direct contract with Contracto� or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data—Those items expressly identified as Technicai Data in the Supplementary Conditions, with respect to either (aj subsurface conditions at the Site, or physical conditions relating to existing surface ar subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Condiiions at the Site. tf no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Si#e that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, rrianholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey elecfiricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cabfe televisian, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 4fi. Unit Price Work—Work to be paid for on the basis af unit prices. 47. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work inciudes and is the result of performing or providing al( labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating alf materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, aIl as required by the Contract Dacuments. E1CDC° C-700 {Rev. ij, Standard General Conditions of the Construction Contract. Copyright � 2013 Nationat Society of Professional Engineers, American Council of Engineering Companies, and American Society of �vil Engineers. Alt rights reserved. Page 4 of 65 48_ Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 2.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Ini�ent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effec# or import to autharize 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 wi11 be solely to evaluate, in general, the Wark 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 (unfess there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The dvord "day' means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when madifying the word "Work," refers to Work that is unsatisfactory, fau(ty, or deficient in that it: a. does not confarm to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said senrices, materials, or equipment to the Site (or some other specified locationj ready for use or instat{ation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EICDC� C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright Q 2013 National Society of Professional Engineen, American Council af Engineering Companies, and American Society of Civil Engineers. AI[ rights reserved. Page 5 of 65 3. The words "perform" or "provide," when used in connectian wi#h services, materials, or equipment, shall mean to furnish anci instalf said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materiats, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shalf furnish and install said services, rrtaterials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technica! or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 3 — PRELIMiNARY MATTERS 3.01 Delivery of Bonds and Evidence of lnsurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall a�so deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's fnsurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identitied in the Supplementary Conditions or elsewhere in the Contract}, the certi�cates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's lnsurance: After receipt of the executed counterparts of the Agreement and alf required bonds and insurance documentation, �wner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwisej, the certificates and other evidence of insurance required to be provided by Owner under Article 6. 3.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreementj, and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shali maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design profe5sionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 3.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specificaliy required by the Contract Documents), Contrac#or shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dafies� for starting and completing the various stages of the Work, including any Milestones specified in the Cantract; 2. a preliminary Schedule of Submittals; and E1CDC• C-700 (Rev.1), Standard Generel Conditions of the Construction Corttracti. �opyright d 2013 National Soaety of Professional Engineers, American Coundl of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payrnents during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 3.04 Preconstruction Conference; Desiqnation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held ta establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electranic or digital transmittals, and maintaining required records. B. At this conference Owner and Cantractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive infarmation, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 3.05 lnitial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shafl have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance wil! 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 the component parts of the Work. 3.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and ather submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocals for electronic or digital transmittats, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in efectronic media or digital format, the transmitting party makes no representatians as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or EJCDC° G700 (Rev. l), Standard General Conditions of the Constructian Contrecti. Copyright OO 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols. ARTICLE 4— DOCUMENTS: lNTENT, REQUIREMENTS, REUSE 4.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by al{. B. It is the intent of the Contract Documents to describe a functionaliy complete project {or part thereof) to be constructed in accordance with the Contract Documents. C. Unless otherwise stated in the Contract Documen#s, if there is a discrepancy between the electronic or digital versions of the Contract Documents (inc{uding any printed copies derived from such electronic or digita{ versions) and the printed record version, the printed record version shall govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or orai. E. Engineer will issue clarifications and interpretations of the Cantract Documents as provided herein. 4.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specificafiions, manuais, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shail mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. No provisian of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shalf be effective to assign to Owner, Engineer, or any of their a�cers, directors, members, partners, emp(oyees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer. 4.43 Reporting crnd Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to app(icab(e field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shalf not proceed with any Work affected thereby until the conflict, E1CDC° C-700 (Rev. i), Standard General Conditions of tfie Construction Coniract Copyright � 2013 National Sodety of Professional Ertgineers, Ameripn Council of Engineering Companies, artd American Soaety of Civil Engineers. All rights resenred. Page 8 of 65 error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 2. Contractor's Review of Contract Documents: If, before or during the performance of #he Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within #he Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual fiefd conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractar shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolvrng Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepareci by or fior Engineer shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or b. the provisians 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 ofi such Law or Regulation). 4.04 Requirements of the Cantract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in questian concerning the requirements of the Contract Documents {sometimes referred to as requests for information or interpretation—RFIs}, or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim. i,. iT a submiiiea matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in fihe Drawings, Specifications, or otherwise), or (3) other engineering or technicat matters, then Engineer will promptly give written natice to Qwner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unabie to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12. EJCDC° C-700 (Rev. i), Standard General Conditions of the Construction Contra�t. Copyright 0 2018 National Society of Professional Engineers, Ameriwn Councif of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 65 4.05 Reuse of Documents A. Con#ractor and its Subcontractors and Suppliers shall not: 1. have or acquire any titie to or ownership rights in any of the Drawings, Specifications, or other documents {ar copies of any thereof� prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereaf on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verifica#ian or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violete any copyrights pertaining to such Contract Documents. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall prec(ude Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 5— COMMENCEMENT AND PROGRESS OF THE WORK 5.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Con#ract, whichever date is earlier. 5.02 Starting the Work A. Contractor shalt start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Si#e prior to such date. 5.03 Reference Points A. Owner shall provide engineering surveys to establish reference points for canstruction 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 na changes or relocations without the prior written approvat 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 ar property monuments by professionally qualified personnel. 5.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. E1CDC• C-700 (Rev.1), Standard General Conditions of the Construction Contract. Copyright � 2013 National5ociety of Professional Engineers, American Council of Er►gineering Companies, and American Society of Civil Engineers. All rights reserved. Page IO of 65 2. Proposed adjustments in the Progress Schedule that wifl change the Contract Times shall be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing. 5.05 Delays in Contract�or's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Wark, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall not be entitled to an adjustment in Contract Price or Con#ract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following: 1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. abnormal weather conditions; 3. acts ar failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and 4. acts of war or terrorism. D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resutting from Hazardous Environmental Conditions, are governed by Article 5. E. Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting €rom the performance of certain other work at or adjacent to the Site. F. Contractor shall not be entitled to an adjustment in Cantract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. E1CDC• C-700 (Rev. 1), SYandard General Conditions of the Construction Contract. Copyright Q 2013 Nationai Society of Professional Engineers, American Council of Engineering Companies, a�d American Society of Civil Engineers. All rights reserved. Page il of 65 G. Contractor must subrriit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event. ARTICLE 6—AVAILABttITY O� lANDS; SUBSURFACE AND PHYSICAL CONDITiONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 6.01 Availabilrty of tands 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. 8. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner's interest therein as necessary for giving notice of or �ling a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional iands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 6.02 Use of Site and OtherAreas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations af workers to the Site, adjacent areas that Contractor has arranged ta use thraugh construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (bj damage to any such other adjacent areas used for Contractor's operations; (c) damage to any other adjacent land ar areas; and (d} for injuries and fosses sustained by the owners or occupan#s of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible. !f a damage or injury claim is made by the owner or accupant of any such land ar area because of the performance of the Work, or because of ather actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shalf (a) take immediate corrective or remedia! action as required by Paragraph 7.Z2, or otherwise; (b) promptly attempt to settle the c{aim as to al) parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resoiution proceeding, ar at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless �wner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claim, and against all costs, losses, and damages (including but not limited to al! fees and charges of engineers, architects, attorneys, and other professionals and al! court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whote or in part EJCDC• C-700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright 0 2013 Nationa) Society of Professional Engi�eers, Ameriwn Council of Engineering Companies, and American Society of Civil Englneers. All rights reserved. Page 12 of 65 by, or based upon, Contractor's performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulatians. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Cantractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 6.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to t3wner of explorations and tests of subsurface conditions at or adjacent to the Site; 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities); and 3. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the 7echnical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely upon the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnicaf or enviranmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or rnake 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, incfuding, but not limited ta, 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 Technicai Data or any such other data, interpretations, opinions, or information. EJCAC• C-700 (Rev.1), Startdard Genera) Conditions of the Cortstruction Contraci. Copyrlght 9 I013 National Society of Professional Engineers, American Council of Ertgineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 65 6.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: if Contractor beiieves that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical pata on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materiatly from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contrac#or shal(, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Wark in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurFace or physical condition in question; determine the necessity of Owner's abtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Cantractors resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Cantractor (with a copy to Engineerj regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's wr9tten findings, conc(usions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or ContracC Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cast of, or time required for, performance of the Work; subject, however, to the foltowing: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EICOC• C-700 (Rev. i), Standard General Conditians of the Construction Conuact. Copyright � 2013 National Society of Professional E�gineers, American Coundl of Engineering Companies, and American Society of Civit Engineers. Alf rights reserved. Page 14 of 65 c. Contractor's entitiement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commi#ment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such condition reasonably cauld have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractar's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change �rder. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the pwner's written statement to Contractor regarding the subsurface or physical condition in question. 6.05 Underground Facilities A. Contractor's Responsibilii�ies: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; c. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after E1CDC° C-700 (Rev. l), Standard General CondiUorts of the Construction Contract. Copyright � 2013 National Society of Professional Engineers, American Cauncil of Engineering Companies, artd Amerlcan Society of Civi) Engi�eers. All rights reserved. Page 15 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15j, identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shawn or indicated with reasonabie accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in questivn; determine the extent, if any, to which a change is required in the Drawings or Specifications to refiect and document the consequences of the existence or iocation of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. awner's Statement to Contracior Regarding tJnderground Facility: After receip# of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement t� Contractor (with a copy to Engineerj regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting ar rejecting Engineer's written �ndings, conclusions, and recommendations in whole or in part. E. Possible Price and 7imes Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Faci(ity at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contracto�'s cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipa#ed the existence or actuai location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Cantract Price wil) be subject to the provisions of Paragraph 13.03; c. Contractor's entitlement to an adjus#ment of the Contract Times is conditioned on such adjustment being essential to Contracto�'s ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph S.OS.B. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or e�ctent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposa! regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statemeni to Contractor regarding the Underground Facility in question. EJCDCm G700 (Rev. i�, Standard General Conditians of the Construction Contract. Copyright � 2013 National Society of Professionat Ertgineers, American Council of Engineering Companies, and American Sodety of Gvil Engineers. All rights reserved. Page 16 of 65 6.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Canditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defiined in Article 1j contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methads, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not he responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in fihe Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Cantractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and fo� the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Cantractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediatian is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writingj. Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.Q6.F. If Contractor or anyone for whom Contractor is respansible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs. E1CDL'� C-�00 (Rev. lj, Standard General Conditions of the Construction Contract. Copy�ight � 2023 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. Alt rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connectian with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption o# Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. if Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price ar Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off. H. If after receipt o# such written notice Contractor does not agree to resume such Work based an a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work perFormed by Owner's own forces ar others in accordance with Article 8. !. To the fullest extent permitted by Laws and Regulations, Owner sha(I indemnify and hold harm(ess Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, empioyees, 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 ather dispute resolution costs) arising out of or reiating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown ar indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to lirnited reliance pursuant to Paragraph 5.06.B, or identi�ed in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shali obligate Owner to indemnify any individual or entity from and against the cansequences of that individual`s or entity's own negligence. J. Ta 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 ather professiona(s and a11 court or arbitration or other dispute resolution costs) arising out of or relating to the failure to contro(, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmenfial Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shal! obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do nat apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC° C-700 (Rev. 1J, Standard 6e�eral Conditions of the Constructian Contract. Copyright m 2013 National Society of Professio�at Engineers, American Coemal of Engineertng Compaoies, and pmerican Society of Civil Engineers. All rights reserved. Page 18 of 65 AR7ICLE 7— BONDS AIVD INSURANCE 7.�1 Performonce, Paymenr, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equai to the Contract Price, as security for the faithful performance and payment of all of Cantractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when fina! payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shalf afso #urnish such other bonds as are required by the Supplementary Conditions or other specific pravisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Ho{ding Certificates af Authority as Acceptab{e Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases ta meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shatl, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity tiaiming to have furnished labor or materials used in the performance of the Work. 7.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. Alf insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance poticies for the required limits and coverages. Un►ess a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. C. Contractor shall deliver ta Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC� C-700 (Rev. l), Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professiona) Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 af 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall aiso furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may biock out (redact} any confidential premium or pricing information contained in any policy or endorsement furnished under this pravision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, ihe Supplementary Conditions, or elsewhere in the Contract}, certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any}. Upon request by Contractor or any other insured, �wner shall also provide other evidence of such required insurance {if any), including but no# limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to abtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or ofi such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owners termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance caverage and limits established in this Contract necessarily will be adequate to protect Contractar or Cantractor's interests. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 7.03 Contractor's lnsurance A. Workers' Compensation: Contractor shalf purchase and maintain workers' compensation and employer`s liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states). EJCDC' C-700 (Rev. Ij, Standard General Conditions of the Construction Contract. Copyright m 2013 National Society of Professionat Engineers, American Council of Engineering Companies, and American Soaety of Civil Engineers. Alt rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial Genera! Liability—Claims Covered: Contractor shail purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury tiability coverage. 3. ctaims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial Genera! Liability—Form and Content: Con#ractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the foflowing coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at fna! payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by 1aw, including but not lirnited to coverage of Contractor's contractua! indemnity obligations in Paragraph 7.18. 3. Broad farm property damage coverage. 4. Severabi(ity of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include bath ongoing operations and products and completed operations coverage through ISO Endorsements CG 201010 01 and CG 20 37 10 01 (together); or CG 2fl 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional lnsured—Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shalt purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liabiiity policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's po(lution lia6i(ity insurance: Contractor shall purchase and maintain a policy covering third-party injury and praperty damage claims, including clean-up costs, as a result EJCDC• C-700 (Rev. i), Standard General Conditions of the Construction Contract. Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineea. AII rights reserved. Page 21 of 65 of poliution condi#ions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: ihe Contractor's commercial general liability, automobile liability, umbrella nr excess, and potlution liability poiicies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplemenfiary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additionai insureds; and the insurance afforded to these additional insureds shatl provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall ob#ain all necessary endorsements to support these requirements. H. Contractor's professiona! lfability insurance: If Contractor will provide or furnish professionai services under this Contract, thraugh a delegation of prQfessional design services or otherwise, then Contractor shaff be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shali be maintained throughout the duration of the Contract and for a minimum of two years after Substantiat Completion. If such professional design services are performed by a Subcontractor, and not by Cantractor itself, then the requirements of this paragraph may be satisfied through the purchasing ar►d maintenance of such insurance by such Subcontractor. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. inctude at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materia!(y changed, or renewal refused until at feast 10 days prior written notice has been given to Contractor. Within three days of receipt o# any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment �and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection fram claims that may arise out of ar result from Coniractor's performance of the Work and Contractor's other obfigations under the Cantract Documents, whether it is #o 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. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. E1CDC• C-700 (Rev. lj, Standard General Conditiorts of the Construction Contrac4 Copyright � 2013 IVational Society of Professional Engineers, American Coundl of Englneering Companies, and American Society of Gvil Engineers. Alt rlghts reserved. Page 22 of 65 7.04 Owner's Liabitity Insurance A. in addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's ob�igations to the Owner, Engineer, or third parties. 7.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contracfior as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a buitder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstarm; riat; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flaod); and such pther perils or causes of loss as may be specifically required by the Suppfementary Conditions. If insurance against mechanical breakdown, boiter explosion, and artificial(y generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable ta Owner and Contractor. 3. cover, as insured property, at feast the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or campletion of the Work, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property tincluding but not limited to fees and charges of engineers and architects). EICDCO C-700 (Rev.1), Standard General Conditions af the Construction Contract. Copyright 0 2013 National Society of Profeuional Engineen, American [ouncil of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site �but not including property stored at the premises of a manufacturer or Supplier). 6. extend to caver damage or loss to insured property while in transit. 7. altow for partia! occupafiion or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co-insurance clause. 11. include an exception for ensuing losses from physica( damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance/hot testing and start-up. 13. be maintained in effect, subject ta the provisions herein regarding Substantial Comp(etion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereofi� required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded wil( nat be canceled or materialfy changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partia! Occupancy or Use by Owner. If Owner wil! occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directty, if it is the purchaser of the builder's risk policy, or through Contractorj will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by ihe builder's risk insurance. E. Additiona! Jnsurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Con#ractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in ,what amount. E1CDC° C-700 (Rev. i), Standard General Conditions of ihe Construction Contract. Copyrighi �5i 20I3 National Society of Professional Engineers, American Counal of Engineering Companies, and American Society of Civil Engineers. Atl rights rese+vecl. Page 24 of 65 7.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its tonsultants, or their officers, director.s, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of foss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for lasses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the 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 compfeted Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantia) Completion pursuant ta Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C, Any insurance policy maintained by Owner covering any lass, damage or consequential loss referred to in Paragraph 6.06.6 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers wiil have na rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for al! losses and damages caused by, arising out of, relating to, or resulting fram any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 7.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies af insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the EJCDC° C-700 (Rev. i), Standard 6eneral Conditions of the Construction Contract. CopyrEght 0 2013 National Society of Professional Engineers, Ameripn Coundt of E�gineering Companies, and American Society of �vil Engi�eers. All rights reserved. Page 25 of 65 poticy. Such named insured shali act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a ctaim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jaintly to multiple insureds, or to the named insured that purchased the policy in its own right and as �duciary for other insureds, subject to the requirements o# any appficabie mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such praceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Con#ract or applicable Laws and Regulations. C. If no ather special agreement is reached, the damaged Work shatl be repaired or replaced, the money so received appiied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 8 — CONTRAC70R'5 RESPONSiBILITIES 8.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At a!I times during the progress o# the Work, Contractor shall assign a competent resident superintendent who shal( not be replaced withQut written notice to Owner and Engineer except under extraordinary circumstances. 8.02 Labor; Working Hours A. Contractar shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at aH 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 �ocuments, all Work at the Site shali be performed during regular working hours, Monday through Friday. Contractor will not perForm Work on a Saturday, Sunday, or any legal holiday. Contractor may perfarm Work outside regular working hours or on Saturdays, Sundays, ar legal holidays only with Owner's written consent, which will not be unreasonably withheld. 8.03 Services, Materials, and Fquipment A. Unless otherwise specified in the Contract Documents, Contractor shail provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, toots, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and afl other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and E1CDC° C-700 (Rev. i), Standard General Conditions of the Construction Contract. Copyright � 2013 National Sodety of Professional Engineers, American Council of Engineering Comparties, and American Sodety of Gvil Engineers. AI! rights reserved. Page 26 of 65 guarantees required by the Specifications shail expressly run to the benefit of Owner. if required by Engineer, Contractor shaU furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 8.04 "Or Equals" A. Whenever an item of materiat or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upan Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description confiains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment wiH be considered functionally equaf to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally welf the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable ta Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide afl data in support of any proposed "or equal" itern at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be al{owed a reasonable time to evaluate each "or-equal" request. Engineer may require Contractor to furnish additional data about the proposed "or-equal" item. Engineer will be the sole judge of acceptabi(ity. Na "or-equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal", which wil! be evidenced by an approved Shop Drawing or other written communication. Engineer wifl advise Contractor in writing of any negative determination. EICDC° C-700 (Rev. l), Standard General Conditions of the Construction Contract. Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 b. Effect of Engineers Dererminatran: Iveither approva3 nar �er�iaf vf ar� "ar-equa!" reques# shalf result in any change in Cnntract Price. The E�gineer's denial of an "p�-equal" request s�ali he final and hinding, and may not k�e rever5ed through an appeaf urtder any pro�ision af #!�e Contract Dpcuments. E. Treatment os a 5er6stitvtinn ftequest: If Engineer determines that an item of materiai or ec�uipment propnsed by �ontractnr dves r�ot qualify as an "or-equaf" item. Contra�tpr may request that Engineer cnnsider�d the proposed item as a subStitute pursuan# ta Paragraph 7.D5. 8.05 Substitutes A. Unless the specifica#ion or description af an item of material nr equipment require� ta he f�rnishe� under the Cantract Doeuments contains ar +s folfowed by words reading that �►o substitutipn is permitted, Cantractor rnay request that Engineer authorize tF�e use of �tfter items of materia! or equipment under the circums#ances descri�ed below. �❑ the extent possibie sucF� requests 5hail be ma�e hefore commencement of refated constructian at the Site. 1. Can#ractar shall s�at�mit st��cient information as pro�ided below to allaw Er�gir�eer ta de#erm'sne if the item of material nr equipment propased is functionalfy equivalent #a that namecf and an �cceptah[e substi#ute therefnr. Engineer wilf not accept requests far review a# proposec! suhstitute i#ems vf material ar equipment frosn anyane other than Contrattor. 2. �he r�quiremer�ts far review by Engineer wili be as set forth in Paragraph 7.Q5.S, as supplemented by t�e Specifieatio�s, and as Engineer may deeide is apprapriate under the circumstances. 3. Con#ractar shall make written a�pficatian to Engineer #nr rer►iew of a prnposed suhstitute 9tem af ma#erial or equipment #f�at Contractor seeks tfl furnish or use. The a�pii�ation: �Itali certify that the proposed substitu#e item wi[l: �j perfprm adequateNy the functians and athie�e the results called far by the general clesign, 2j �e similar in suk�stance to that specified, and 3) be suited ta the same use as that s�ecifed. b. wii] state: 1j the extent, if any, to which the use of the prapased substitute item wil! necessit�te a change in Contrart Times, 2j whether use of the proposecf suhstitute item in #he Work will require a change in any of the ContraGt Documenis �ar in tl�e pra�isions af any ather dirett contract with �wner for otf�er work an the Projectj to adapt the desigrr to #he prapased substitute item, and 3j whether inenrporatian or u5e af the prnposed su�stitute item in connettior� with th� Work is subject to payment of any lieense fee or r�yalty, c. wili identify: lj all �ariatians of the prvpo5ed suhs#itute item from that specified, and FJC[]C• C-7pp [Rev. i], Standard General Condiiions of the Consdructian ContracL Copyright � 2(]13 Hat;or�al Saclety of PmiessiorwF Er�ineers, American CauncN nf Engineerir� Companies, and Amerltan SocDety of [hrii Ee�ginEers. RII r�ts resrrv0d. Page 28 of b5 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs ar credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resutting change. B. Engineer's Evaluation and Determinatian: Engineer wiU be allawed a reasonable time to evafuate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. Na substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineerwill advise Contractor in writing of any negative determination. C. Specia! Guarantee: Owner may require Contractor to furnish at Contractor's expense special perfarmance guarantee or other surety with respect to any substi#ute. D. Reirnbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether ar not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse bwner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 8.06 Concerning Subcontractors, Suppliers, ond Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or ather individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractar's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Suppfier, or other individual or entity to furnish or perform any of the Work against which Contractar has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC" C-700 (Rev.1), Standard General Conditions of the Construction Contract. Copyright OO 2013 Nationat Society of Professional Engineers, American Council of Engineering Companies, aad American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Cantractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that �wner may not require a replacement to which Contractor has a reasonable objection. If Contractar has submitted the identity af certain Subcontractors, Suppliers, or ather individuals ar entities for acceptance by Owner, and t?wner has accepted it (either in writing or by failing to make written objection thereto), then Owne� may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substan#ive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individuai or entity. F. If Owner requires the repiacement of any Subcontractor, Supplier, or other individua! or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initialiy or as a replacement, shall constitute a waiver of the right of Owner to the comptetion of the Work in accordance with the Cantract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers ha�ing a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. I. Contractor shali be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. J. Contractor shaN be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and aIl other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict ail Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Speci�cations and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcantractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and cond'+tions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Gontractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC' C-700 (Rev. i}, Standard Generat CondiUons of the Constraction Contract. Copyright 0 2013 National Society of Professiona! Engineers, American Council of Engineering Companies, and American Society of Croi! Engineers. All rights r2served. Page 30 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 8.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work af any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particutar invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by taws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, lasses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other pro#essionals, and all caurt or arbitration or other dispute resolution costs) arising ou# of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullesfi extent permitted by Laws and Regulations, Contractor shail indemnify and hold harrnless �wner and Engineer, and the officers, directars, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, fosses, and damages (including but not limited to ail fees and charges af 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. 8.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work E1CDCm C-i'OD (Rev, i), Standard General CondiGons of the Construction Contract. Copyright � 2013 National Society of Professional Engi�eers, American Council af Engineering Companies, and American Soaety of Civil Hngioeers. All rights reserved. Page 31 of 65 8.09 Taxes A. Contractor shall pay all sates, 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 applicab(e during the performance of the Work. 8.10 Laws and Regulations A. Con#ractor sha{I give all notices required by and shall compiy with ail Laws and Regulations applicable to the perFormance of the Work. Except where otherwise expressly required by applicab(e Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court ar arbitration or other dispute resolution costs) arising out of or reiating to such Work or other action. It shall not be Contracto�'s responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shafl not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractar may submit a Change Proposat, or Owner may initiate a Claim. 8.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of afl Drawings, Specificatians, Addenda, Change Orders, Work Change Directives, Fiefd Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record dacuments to Engineer. 8.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility fo� the safety of persons ar property in the performance of their work, nor for compliance with applicabte safety Laws and Regulations. Contractor shall take alt 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; E1CDC• G700 (Rev. i), Standard General Conditions of the Construction Contract. Copyright � 20I3 National Soaety of P�ofessional Engineers, American Countil of Engineering Companies, and American Society of Civil Engineers. AN rigbts reserved. Page 32 of 65 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacen# thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground �acilities 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 lass; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shal! notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their praperty or work in progress. C. Contractor shafl comply with the applicable requirements of Owner's safety pragrams, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All darnage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractar, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of �wner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is comp(eted and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise express�y provided in connection with Substantial Completionj. G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Cantract Documents. 8.13 Safety Representative A. Contractor shall designate a quatified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 8.14 Hazard Communication Programs A. Contractor shatl be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC• C-700 {Rev.1), Standard General Conditions of the Construction Contract. Cqpyright � 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 8.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or praperty at the Site or adjacent ihereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believQs that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. lf 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. 8.16 Shop Drawings, Samples, and OtherSubmittals A. Sh�p Drawing and Sample Submittal Requirements: 1. Before submitting a Shop Qrawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing ar Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specifred performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittai shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. With each submittal, Contractor shatl give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted ta Engineer for review and approval of each such variatian. B. Submittal Procedures far Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedute of Submittals. Each submitta! witl be identified as Engineer may require. 1. Shop Drawings: Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materiats, and similar data to show Engineer the services, materials, and equipment Contractor proposes to EICDC• C-700 (Rev. l), Standard Generel Conditions of the ConstruMioa Contract. Copyright @ 20Z3 National Society of Professional Engineers, American Courrcil of Englneering Companies, and American Soaety of Civil Engineers. Alt rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the 5pecifications. b. Contractor shaA clearly identify each 5ample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the iimited purposes required by Paragraph 7.16.D. 3. Where a 5hop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval af the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Coniractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Docume�ts and be compatible with the design concept of the completed Project as a functioning whoie as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or pracedures of construction or to safety precautions o� programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approva) of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Dacuments unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Cantract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. FJCDC• G-�00 (Rev.1j, Standard General Conditions qf the Construction Contraact. Copyright � 2D13 National Society of Professional Engi�eers, American Council of Engineering Companies, and America� Society of Civil Engineers. All rights reserved. Page 35 of 65 S. Contractor shali perform the 1Nork in compliance with the requirements and commitments set farth in approved Shop Drawings and Samples, subject to the provisions of paragraph 7.16.D.4. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct speci�c attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Z. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approva! of an item with no more than three submittals. Engineer wifl record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- �ff against payments due #o Cantractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsibte for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due #o Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 8.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Enginee� and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defiects 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 obtigation to perform and complete the Work in accardance with the Contract Documents shall be absolute. None of the following wil) constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any paymen# related thereto by �wner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance af a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC° C-700 (Rev. l), Standard General Conditions of the Construction Contract Copyright m 20I3 National Saciety of Professional Engirteers, American Council of EngFneering Compa�ies, and American Sodety of Gvil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contrac#or to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shal! govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 8.18 lndemnification A. To the fullest extent permi#ted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, mernbers, partners, employees, agents, consultants and subcontractors of each and any of them from and against all cfaims, costs, losses, and damages (including but not (imited ta all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to in}ury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontrac#or, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such emplayee) of Cantractor, any Subconiractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liabie, the indemnification obligation under Paragraph 7.18.A sha(I not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the faiiure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 8.19 Delegation of Professional Design Services A. Contractor wi11 not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professiona! design services or certifications by a design professiona) related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal sha(I appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC° G700 (Rev. i), Staodard General Conditions of the ConshuMion Cantract. Copyright O 2013 National Saciety of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. AN rights reserved. Page 37 of 65 orawings and nther subrr�ittals related Ca the Wark desigr�ed or tertified hy such pro#essionaf, if prepared by others, shall bear such profe5ssonal's writtero appravaE when subrnitted to Engin�er. C- �wner and Engineer shall be entitled ta reiy upon the adequacy. accuracy, and eompleteness of the services, certifrcatians, ar approva�s perfarmed by such design �JI'Ufp5SID11dIS. provided Owner anc! Engiroeer ha�e speci�ed ta Can#ractor all performanee and tfesign criteria that such services mus# satisfy. D. Pursuant tn this paragraph, Enginee�s re�iew and appra�al nf ciesign cafcuEations and design drawings wiI[ be or�ly for tl�e limited purpase �f cheeking for canfarmance with perfnrrnance and design criteria given and the design cancept expressed in the Contract L7acuments. Enginee�'s re�iew and appro�af �f Shop []rawings anci ather submittais ��xtept design calculatinns and design drawingsj wil� be an[y fvr the purpose stated in Paragraph 7.I6_D.1. E. C�ntractnr Shafl nat be responsik�fe for the adequaty of the performante nr design criteria speci�ed t�y Owner or Eng'tneer. ARt1CLE 9— OTFiER W��tIC A7 THE Sli'E 9.U� ather Work A. In additinn ta and apart frorxz th� Work under tE�e Cor�tract �ocuments, #he �wner may perFarrn nther work at or adjaGen# to the 5ite. 5u�h ather wark may he perForrr�ed �y ❑wner's erriployees, or thraugh contra�ts hetween the Owner and third parties. �wner may alsa arrange tv have third-party utility ❑wners perfnrm worlc an their utilities a�d faciiities at or adjacent ta the 5ite. e. If ❑wner perfnrms other wor[c at or adjacent ro#he Site with Owne�'s employees, or through contrac#s far such other work, then Dwner shall gi�e Cantractor written notice thereof prinr to starting any such other work. If Owner has ad�anGe information regarding the start nf ar�y utility woric at ar adjacent to the Site, Owner shall pro�ide such informatian to Contractar. C. Cantractar shail afford ea�h ather cantrac#ar that performs su�h other work, each utility �wner performing �ther work, and Qwner, if Owner is performing other work with �wner's empinye�s, proper and sa#e ac�ess ta the 5ite� and pravide a reasonable ❑pportunity far the introduction an[i stnrage of mater9als and equipment and t�e execution o# su�h ather work. Cantractar shall da aii cutting, fitting. and patching of the Wark that tnay be required ta praperly canne�t or otherwise make its se�eral parts came together and praperly integra#e with such nther work. Contr�ctor sha�1 nat endanger any wark af athers by cutting, ex�ar►afing, or ot#�erwise aitering sueh work, provided, hawe�er, that Cnntrac#nr may cut or alter others' work with the written consent af Engineer and the others whase work wifl be affe�ted. D. if the proper execution or resul#s af any part of Cantra�tors Work depends upnn warfc performed by others under tt�is Article 8, Contractar shall inspect such nther work and promptly repnrt ta Engineer in writing ar�y delays, de�ects, ar de�icieneies in such other work tF�at render it unavailahie ar unsuitable far the proper execution and resuits of Cantracta�s Work. Contra�#ors €aifure ta sn repnrt will eonstitute an acceptan�e of such ather wark as �it and praper far integration with Contrac#�r's Work excep# far la#ent defects and deficieneies in su�h other wnr�C. EICpC C-700 {Re�. ly, Standard General CondWons pf the Construc4ion [antrpt[. Copyright � 2013 Nat3a�wl Sotiety of Professional Er�ers, Ameriran [oundl af En�k�ee�ine Companies, and Ame►kan Svtiety of Cevil Engineers, pll righis reserred. Page 38 of 6S 9.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supptementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that wilt have authority and responsibility for coordination af the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 9.03 Lega! Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitted to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must subrnit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering evenfi. The entitlement to, and extent of, any such equitable • adjustment shali take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Cantract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contracfior assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner`s employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor. E1CDC• C-7� (Rev.1}, 5tandard General Conditions of the Construction Contract. Copyright O 2013 National Soaety of Professional Engineers, American Council of Engineering Companies, and American Society of Chril Engineers. Al) rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, ar any utility owner performing other work a# or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contract�r's actions, inactians, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1j promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utili#y owner, or otherwise resolve the claim by arbitration or other dispute resoluti4n proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such ciaims, and against all costs, losses, and damages (including but not iimited to all #ees and charges of engineers, architects, attorneys, and flther professionals and al! court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disrupt'ron, or interference. ARTfCLE 10—OWNER'S RESPONSIBtLITIES 10.01 Communications to Contrvctor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 10.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under #he Contract Do�uments shal! be that of the former Engineer. 10.03 Furnish Data A. Owner sha{I promptly furnish the data required of Owner under the Contract Documents. 10.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 10.05 tands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article S refers to Owner's identifying and making available to Cantractor copies of reports of explorafiions and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. iQ.06 lnsurance A. Owner's responsibilities, if any, with respecfi to purchasing and maintaining liability and property insurance are set forth in Article 6. 10.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. E1CDCm C-700 (Rev.1), Standard Gerieral Conditions of the Construction Contract. Copyright � 2013 National Soaety of Prafessional Eng'meers, American Coundl of Engineering Companies, and American Society af Civil Engineers. All rights reserved. Page 4a of 6S 10.08 inspections, Tests, and Approvals A. Owner's responsibitity with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B. 10.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have cantrol 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 Contractors failure to perform the Work in accordance with the Contract Documents. 10.10 Undisclosed Hazardous Environmenfal Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 10.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 10.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICIE 11— ENGINEER'S STATUS DURING CONSTRUC710N 11.01 Owner's Representative A. Engineer wi{I 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. 11.02 Visits to Site A. Engineer wifl make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an expe�ienced and quali�ed design professional the progress that has been made and the quality af the various aspects af 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 coniinuous 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 endea�or to guard Owner against defective Work. B. Engineer's visits and observations are subject to alI the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EiCDC C-70D (Rev. l), Standard General Conditions of the Construction Contrad. Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Gvil Engineers. All rights reserved. Page 41 of 65 or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, can#rol, 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. 11.03 Project Representative A. if Owner and fngineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and respansibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof wiil be as provided in Paragraph 10.08. !f Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or emplayee, the responsibilities and authority and limitations thereon of 5uch other individual or entity will be as provided in the Supplementary Conditions. 11.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 11.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samptes, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calcuiations and design drawings submitted in respanse to a delegation o# professiona! design services, if any, are sefi forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Appiications for Payment is set forth in Article 15. 11.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and c}assifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 11.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Dacuments, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer wil! not show partiality #o Owner or Contractor, and will not be liabte to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 11.08 Limitations on Engineer's Authority and Responsibilities A. Neither Enginee�'s authority or responsibility under this Article 10 or under any other provision af the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or perFormance of any authority or responsibilifiy by Engineer, shall crea#e, 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. E1CDC° C-700 (Rev, l), Standard General Conditions of the Construction ContracK. Copyright 0 2013 National Society of Prafessional Engineers, Ameriqn Counci! of Engineering Companies, and American Society of qvil Engineers. All rights reserved. Page 42 of 65 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 #o 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 af the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedufes, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon autharity and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 11.09 Compliance with Safety Program A. Whife at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 12 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 12.01 Amending and Supplementing Contract Documents A. The Contract Dacuments may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement #o the Contract Documents inctudes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to estabiish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Cantractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwisej, or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Wark Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract 7imes; ar, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an E1CDC• C-700 (Rev. i), Standard General Conditions of the Construction Contract. Copyright m 2013 NaHonalSociety of Professional Engir�eers, Amerlcan Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustmen# of the Cantract pr��e or the Contra�t Times, or both. no iater t#�an 3� days a�ter the compietion of the Work set out in the Wark Change Directive. Owner musi s�bmit any �iairr� seeEc'rng an acfjustment �f the Contract Price or the Cnntratt iimes, ar bat�, no later than fi0 days af#er issuance af the Wark Change Rirecti�e. Freld arders: Engineer may authQrize minor changes in the Work if the changes do not in�ph►e an adlustmen� in the Contract Price nr the Contract Tirne$ and are compatible with the desigro concept Qf the eompleted Praje�t as a funrtianing whoie as indicated dy the Con#ract �ocumenis. 5uch changes will be accompl�shed �y a Fiefd �rder and wilf he hinding ❑n awner and aiso an Co�tractor, which shall per#orm the Wark in�a�ved pramptly. if Contractnr k�elier►es that a Field Drder justi�es an adju5tment in the Cor�tract Price nr Cvntract Times, or hoth, then befnre prQceeding with the Work at Rssue, Cflntraetnr shall suf�mif a Change Proposa€ as pro�ic�ed herein. �.2 A2 awner Autharired Chor�ges in the Work A. Witha�t in�alidating the Contract and withou# notice tn any surety, Qwner may, at any tirne or fram time to time, arder addi#ions, deletinns, ar re�isions in the Work. Such changes sha[I be supported by Enginee�s recommendation, ta t�e ex#ent tt�e change in�o��es tE�e design jas set farth in t�e Drawings, 5petifcatians, or otherwiseJ, ❑r other engineering ar tecF�nir_a! matters. 5uch changes may be attorr�p�ished hy a Change �rder, if ❑wner and Contraetar have agreed as ta the effect, if any, vf the changes an Con#racE Tmes ar Contrac# Price; or by a Wnrk Change Qirective. Lipon re�e'spt of any sucf� document, Contractor shaEl prorr�ptfy proceed with the Work invalved; or, in the case of a delet+on ir� the Work, promptly cease canstructian acti�ities with respect to such cleleted Wark. Rdded ar re�ised Work shafl �e performed under the applicable canditions af the Can#ract �acumes�t5. Nothing in this paragraph shali oh4igate Contracfar to undertake work that Contractor reasonabfy concl�des cannot be perform�d in a manner eonsistent with Contractn�s safety obligations under the Contracf pocuments ar Laws and Regula#ions. 12.03 unauthorrred Chpr�ges rn the Wark R. Contractnr 5�a�1 nat f�e entitled ta an in�rease in the Cantract Price or an �xtension af the Cnntract Times with resp�et to any wark perfnrmed that is nat required hy the Contrac# �acuments, as amended, madified, ar sup�lemented, except in the case af an emergenry as prp�ided in Paragraph 7.15 or in the case af �nco�ering Wark as pravided ir� Paragraph 14.�5. 12.�4 Change of Corrtract Prrce A. The Contract Price may anly 6� changea by a Change Drder. Ar�y Change Praposal for an adjustmer�# ir� the Cantract Price shall tomply with the provisions af Paragraph 11.Ofi. Any Ciaim for an ac€justment af Contract Price shall camply wi#h the pra�isinns a€ Articie 12. B. An adjustment in the Can#raci Price wiil be determined as follows: 1. where ihe Wdrk invoi�ed is co�ered by unit pri�es cnntained Rn the Contract Qocumer�ts� #hen by app�icati�n of such unit prices to the quantities of tF�e items in�olved (subje�t ta the provisions of ParagrapFr 13.03j; or 2. where the W�rk in�ol�ed is nqt co�erecf hy unit prices eon#ained in the Contract �a�uments, then hy a mutualky agreed Eump sum �whi�h may in�iude an aliowance for Q�erhead and proft Rat necessarily €n a�cordanc� with Paragraph 11.04,C.2}; or 3. where the W�rk in�nfved is not tavered }�y unit prtces �nntained in the Cantra�# Documents and the parti�s do nat reach mutual agreement to a lump surr�, then on ElCDC' C-7U0 �Rev. lj, SYandard Genera! C�ondidons af Yhe Construttion Cantract. Copyri�ht Q 2fl13 Hativn.tl Saciety of ProFessfonal Enei�eers, Ameritan LuurKil of Engir�eerinr Companiesy and American Sucirty of Cird E�kieers. AI! risf�� reserved. Page 44 af fi5 the basis of the Cost of the Wark (determined as provided in Paragraph 13.01J plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When appiicable, the Contractor's fee for overhead and profit sha{I be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a�xed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.6.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.AZ by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributabte to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.8.4, 13.01.8.5, and 13.01.C; e. the amount af credit to be allowed by Gontractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cast plus a deduction in Contractor's fee by an amaunt equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 12.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal far an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shalt be subject to the limitatians set forth in Paragraph 4.05, concerning delays in Contractor's progress. 12.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeaf an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptabi(ity of the Work under the Contract Documents; contest a set-off against payment due; or seek pther relief under EJCDC° C-700 (Rev.1), Standard General Conditions of the Construction Contract. Copyright � 2013 National Society of Professiona) Engineers, American Council of 6ngineering Companies, and American Society of Civil Engineers. All righu reserved. Page 45 of 65 the Cantract. The Change Proposai shaH specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Praposa! to Engineer promptly (but in no event later than 30 daysj after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shafl be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Praposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. I# Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inactian the Change Froposaf is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specificaiions, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denia�, and Contractor may choose to seek resofution under the terms of Article 12. 12.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actuafly performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b} required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction af defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need far Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwisej, or other engineering or technical matters; and 4. changes in the Contract Price or Contract Tmes, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EtCDC� C-7d0 (Rev. ij, Standard General Co�ditions of the Construction Contract. Copyright m 2013 National Sociery of Professional Engineers, American Council of Engineering Companies, and American Society of Civi! Engineers. All rights reserved. Page 46 of 65 B. If Owner or Cantractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shail be deemed to be af full force and effect, as if fuily executed. 12.08 Notification to Surety A. If the provisions of any bond require notice ta be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will Eae Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 13 — CLAIMS 13.01 Gaims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise}, the acceptability of the Work, or other engineering or technical matters. Submittal of Gaim: The party submitting a Claim sha11 defiver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days af the decision under appeal. The party submitting the Claim shall also fumish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving futl consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. AI! actions taken on a C{aim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediatian: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterafly terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC° G700 (Rev. i), Standard General Conditions afthe Construction Contract. Copyright O 2013 National5ociety of Professional Engineers, American Counci) of Engineering Companies, and pmerlcan Society of C'ivil Engineers. A!1 rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date o# the conclusion ofi the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and casts. E. Partial Approval: if the party receiving a Claim approves the Claim in part and denies it in part, such action shail be ftnal and binding unless within 30 days of such action the ather party invokes the procedure se# forth in Article 17 far fina! resolution of disputes. F. Denia� of Claim: If efforts to resolve a Claim are not successful, fihe party receiving the Claim may deny it by giving written notice o# denial to the other party. If the receiving party does not take action on the Claim within 9Q days, then either Owner or Contractor may at any time thereafter submit a ietter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be finaf and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final reso(ution of disputes. G. Fina! and Binding Results: If the parties reach a mutual agreement regarding a Claim, whefiher through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is appreved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shalt be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTtCLE 14 — COST OF THE WORK; ALLOWANCES; UNIT PR(CE WURK 14.01 Cost of the Work A. Purpases for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper perEormance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or To determine the vatue of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs tnduded: Except as otherwise may be agreed to in writing by Owner, costs included in the Cos# of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll casts for employees in the direct employ of Contractor in the performance of the Work under schedules of job classi�catians agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and ather personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shalf be apportioned on the basis of their time spent on the Work. Payro(I costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shail inciude social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EICDC C-700 (Rev. i), Standard General Conditions of the Coostrudion Contract. Copyrlght 0 2013 National Society of Professional Engineers, American Council of Engineeri� Companies, and American Society of Civil Engineers. A�I rights reserved. Page 48 af 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or tegal holidays, shall be included in the above to the extent authorized by Owner. 2. Cast of ali materials and equipment furnished and incorporated in the Work, including costs of transpartation 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 shafl accrue to Owner. Afl trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shail 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 Contractar and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, wifl be acceptabie. 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 Con#ractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (incfuding but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs incfuding 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, af 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 tiable, 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 af 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 esfiablished in accordance with Paragraph 6.05}, provided such losses and damages have resulted from causes EJCDC� C-700 (Rev.1), Standard Generel Conditions of the Conrtruction Contract Copyright (4 2013 National Society of Professional Engineers, American Council of Engineering Companies, and Ameriqn Society of Gvil Engineers. All rights reserved. Aage 49 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them ar for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and appravaf of Owner. Na 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, fuei, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Wark. The costs of premiums for alt bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the follawing items: 1. Payroli costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, e.ngineers, 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 principai or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.8.1 or specifically covered by Paragraph 13.01.6.4. The payroll costs and other compensatian excluded here are to be considered administrative costs cavered by the Contractar'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 Contractors capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due fio the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or far whose acts any of them may be liable, including but not limi#ed to, the correction of defective Work, disposal of materials or equipment wrangty 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 speci�cally and expressly included in Paragraph 13.01.B. D. Contracror's Fee: When the Work as a whole is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-vff, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determineci pursuant to this Article 13, Contractor wil! establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown tagether with supporting data. 14.02 Allowances A. It is understood that Contractar has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC� C-700 (Rev. l), Standard General Condftions of the Constructiort Contract. Copyright td 2013 National Society of Professional Engineers, American Council of Engineering Companies, and Amerkan Society of Gvil Engineers. AN rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any appiicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractar's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash ailowances have been included in the Contract Price and not in the allowances, and no demand for additional payment �n account of any of the foregoing wil( be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingiy adjusted. 14.03 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 esfiimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractar for Unit Price Wark will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. b. Engineer will determine the actuaf quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data} upon Owner and Contractor, subject to the provisions of the foliowing paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDt• C-700 (Rev.1), Standard General Conditio�s of the Gonstruction Contract. Copyright O 2023 Natlonal Society of Professional Engineers, American Coun61 of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 AR?lCLE 15 — TES'iS AND IWSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 15.fl1 Access to Work A. Owner, Engineer, their consuitants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractar shalt provide them proper and safe conditions for such access and advise them af Contractor's safety procedures and programs so that they may comply therewith as applicable. 15.02 Tests, lnspections, and Approvals A. Contractor shal! give Engineer timely notice of readiness of the Work (or specific parts thereof� for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shalt retain and pay for the services of an independent inspector, testing laboratory, or ather qualified individual or entity to perform ail inspections and tes#s expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shaU be governed by the provisions of Paragraph 14.05. C. lf laws or Regulations o# any public body having jurisdiction require any Work (or part thereof} specifically to be inspected, tested, or approved by an employee or other representative of such pubtic body, Contractor shall assume fufl responsibility for arranging and obtaining such inspections, tests, or approvals, pay al( costs in connection therewith, and furnish Engineer the required certificates of inspection or approvai. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly atlocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of inechanicat, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materia(s, mix designs, or equipment submitted for approval prior to Cont�actor's purchase thereaf for incorporation in the Work. Such inspections and tests shatl be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof� to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Wark (or the work of othersj that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractors intention to E1CDC° C-700 (Rev. l), Standard Generat Conditior�s of the Construction Contract. Copyright � 2013 Natlonal5ociety of Professiorwl Engineers, American Council of Engineering Companies, and American Society of Crvil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 15.03 Defective Work A. Contractor's �bligation: It is Contractor's obligation to assure that the Work is not defective. B. Fngineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt natice of all defective Work of which Owner or Engineer has actuai knowledge will be given to Contractor. D. Correction, or Removal and Rep/acement: Promptly after receipt of written notice of defective Work, Contractor shall correct ali such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and repiacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15. 15.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so {subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner`s evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractar. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incarporated in a Change �rder. If the parties are unable to agree as to the decrease in the Contract Price, ref(ecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 15.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, insta(led, or completed. EJCDC° C-700 (Rev.1), Standard General Conditions of the Construction Contract. Capyright OO 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Gvil Engineers. Afl righu reserved. Page 53 of 65 B. !f any Work i5 cnr►ered eontrary tn the writter� reque5t o# �ngineer, then Contractor shali, if requested E�y �ngineer, uneaver such W�ric for En�ineer's observation� and then repEace the covering. all at Contractor's expense. C. if Engineer cnnsiders it necessary ar ad�isable that co��ereri WQrk be abserved hy �ngineer or inspe�ted or tested by nthe�s, then Contractar, at Eng�r�ee�'s request, shalf unco�er� expase, or otherwise rrzalce a�ai�a6ie for obser►rati�n, inspectipn, or testir�g as Engineer may require, tftat portion of the Work in questinn, and pro�ide all necessary la��r, rnaterial, and equipment. 7.. If it is found that the uncovered Wark is defectir►e, Cantractor shaf� he responsible fpr ali ciaims� cos#s, losses, and dama�es arising nut nf pr relating tQ suth unco�ering, exposure, observation, insp�ctian, and testing, and of satisfactory repfacement or reconstruction (including #�ut nQt iimited to all casts of repair or repiacement of wnrk af ot#�ersy; ar�d pending Cnntractn�s full discharge of this responsibility the Qwner sha�l be entit(ed to impose a reasona�{e se#-off againsE payments due underArticle 15. 2. lf the uncn�ereci W�rk is not fa�nd to he defe�ti�e, Contractar st�all �e aUowed an inerease in the Contract Price or an extension of ihe Contract Times, ar both, directly attributa�le ta such unepverir�g, expnsure, observ�tion, ir�spection, testing, repfacement. and retanstruction_ I# the parties are unabfe ta agree as to the amount vr extent thereof, ihen GnntraRor rnay SuE�mit a Change Proposal within 30 days af the deterrrtination tha# t�e Woric is not defecti�e. 15.�6 �u►ner Mdy 5top the Wark A. If the Work 9s defec#ir►e, or Contractar fails #o supply sufFicient skiEled wnrkers or suitable ma#erials ar equiprnent, or faiis to perfarm the Wark in such a way that the completed Work will cnnform ta #he Co�tracrt E7acuments, then ❑wner may arder Con#rac#ar to stap the Warlc, or any portian thereof, untiE the cause for such ❑rder has been eliminated; however, this right of Owner to stap the Wark shall not give rase to any du#y on the part nf ❑wner to exereise this right for the benefit af Contrartor, any Subcvntractar� any Supglier, any other indi�idual orenti#y, ar any surety fnr, nr empl�yee nr agent of any of them. 15A7 �wner May Corrert �efecti�e Wark A. If Contra�tor fails within a reasonat�le time after written r►atice �ram Errgineer to correCt defeetir►e Work, ar to remo�e and replace rejected Work as required hy Engineer, or if Contractor fails tn perForm the Work in accordance with the Cantract �ocuments, or if Cantrac[�r fai�s to compfy wit� any �t�er pro�ision of the Contracrt Dncuments, then Own�r may, after se�en days written notice tn Contractor, correct ar rernedy any such deficiency, B. ln exercising the rights and rerrtedies under this Paragraph 14.U7. �wner shall praceed expeditiausly. !n tonne�tian with sueh Gbrrecti�e or remedial actian, ❑wner may excEude Contraetar from all or part af the Site, take pnssessinn of all or part af the Wvrk and suspend Cantraeror'a Services refated thereto, and incarporate in the Wnric all materials and equipment stored at the 5ite or far whie� Owner has paid Cnntractar but whi=h are stored efsewhere. Cor�tra�tor shall al�ow �wner, ❑wners representatives, agents and employees, �wne�s other contractors, and Engineer and Engineer's �onsuRants aecess to the 5ite ta enahle �wner tp exercise the right5 and remedies under this paragraph. C. Afl claims, costs. losses, and damages incurred or sustained by �wner in exercising the rights and remedies under this Paragraph 14.07 will be charged agains# ContraGtor as se#- affs against payments due under Arti�le fS. 5uch tlaims, CU5i5� lasses and damages will EJCE7C' C-700 {Rev.1}, 5i�nd�rd Gcneral Condltiorts nf the Canstnxt[aa Canbrs�t. CoPY�B�+t E� 20L3� Mationa! Spciety of Prviessia�ai Er�kieers, Ameri�an Ca�nc�l of En�neaN�i ��, and Amedcan Saciety of Ci�il E�k►ecrs. AI{ ri�hts reserr�ed. Paee S4 of 66 include but not be limited to aN costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Cantractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 16 — PAYMENTS TO CONTRACTOR; 5ET-OFFS; COMPIETION; CORRECTION PERIOD 16.d1 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a fprm of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based �n the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a monthj, Contractor shall submit to Engineer for review an Appiication 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 ofi saie, invoice, or other documentation warranting that Owner has received the materials and equipment free and cfear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Wark have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer wiil, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payme�t will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: EJCDC• C-700 (Rev. l), Standard General CondiUons of the Consauction Contract. Copyright � 2013 National5ociety ef Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 the Work has progre5sed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject ta 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 de#ermination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other quali�cations 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 #he Work. 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 specificaily assigned to Engineer in the Contract; or b. there may not be other matters or issues beYween the parties that might entitte Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Cantractor. 4. tVeither Engineer's review of Contracto►'s Work for the purpases of recommending payments nor Engineer's recommendation of any payment, including final payment, wili 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, ar c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Wark, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materia(s, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Wark pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC° C-700 (Rev. i), Standard General Conditions of the Construction Coniract Copyright � 2013 National Society of Professional Enginee►s, American Council of Engineering Companies, and American Society of CNriI Engineers. A!t rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recomrnendation, the amount recommended (subject to any Owner set-offs) will become due, and when due will be paid by Owner to Contractor. E. Reductrons in Payment by Owner: 1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the perFormance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulatians, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required #o correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 1�4.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has accurred; j. liquidated damages have accrued as a result of Contracto�'s failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satis#actory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitting Owner to a set off against the amount recommended. 2. If Owner imposes any set-off against payment, whether hased on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC° C-700 (Rev. i), Standard General Conditions of the Construction Contract Copyright � 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheid. Owner shail promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractar remedies the reasons for such actian. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusaf of payment was not justified, the amount wrongfufly withheld shall be treated es an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 16.02 Contrattor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract wil! pass to Owner free and clear of (1) a!I Liens and other title defects, and (2j atl patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 16.03 Su6stantial Completion A. When Contractar considers the entire Work ready for its intended use Contractar shall notify Owner and Engineer in writing that the entire Work is substantially comptete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will de(iver to Owner a preliminary certifica#e of Substantial Completion which shall fix the date of Substantial Compietion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. !f, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantialty complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of 5ubstantial Completion (with a revised punch list of items to be compfeted or correctedj reflecting such changes from the preiiminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition ta coverage of the Work under a permanent property insurance poficy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, prflperty insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E1CDC• C-700 (Rev. l), Staodard General Condkions of the Construction Contract Copyright O 2013 National5ociety of Profess�nal Engineers, American Council of Enginee�ng Companies, and America� Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or carrect items on the punch list. 16.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interFerence with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer wili follow the procedures of Paragraph 15.03.A through E for that part of the Work. Z. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certificatian of Substantial Campletion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with fihe requirements of Paragraph 6.05 regarding builder's risk or other property insurance_ 16.05 Finallnspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and wilt notify Coniractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 16.06 Final Payment A. Application for Payment: 1. After Contractar 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, schedu(es, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDCm C-700 (Rev. i), Standard General Conditions of the Construction Contract. CopyrigM B Z013 National Society of Professional Engineers, American Council of EngineeNng Companies, and American Society of Civil Engineers. All Nghts reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The finai Application for Payment shalt be accompanied (except as previously defivered) by: a. al( documentation called for in the Contract Documents; b. consent of the surety, i# any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any liens or other title de#ects, or will so pass upon finaf payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally efFective releases or waivers (satisfactory to Owner) of alf Lien rights arising out of the Work, and of Liens filed in connection with the Work. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.AZ and as approved by Owner, Contractor may furnish receipts or releases in full and an a�davit of Contractor that: (a} the releases and receipts inc(ude all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payabfe to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. 1f, on the basis of Engineer's observation of the Work during construction and final inspection, and Enginee�'s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such �ecommendation shall accaunt for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractar that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will refiurn 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 Apptication for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment eecomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accampanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, E1CDC° G700 (Rev. l), Standarcl General Comlitions of the Construction Contract. Copyright � 2013 Na6ona15ociety of Professional Engineers, Ameriqn Council af Engineering Companies, and American Society of Civil E�gineen. All rights reserved. Page 60 of 65 including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) witl become due and shall be paid by Owner to Contractor. 16.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor wiH constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 16.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not fimited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such remova! and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particufar item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been carrected or removed and replaced under #his paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacemenfi has been satisfactorily completed. FJCD4'� G-700 (Rev. i), StandaM General Co�ditions of the Construction Cantract. Copyright � 2013 National Societ�r of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights resenred. Page 61 of 65 E. Contrador's obligations under this paragraph are in addition to aii other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 17 — SUSPENSION OF WORK ANt} TERMINATION 17.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend fihe Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will �x the date on which Wark will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 17.02 Owner May 7"erminate for Cause A. The occurrence of any one or more of the following events will canstitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, bufi not limited to, failure ta supply sufFicient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or othennrise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a dectaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with terminatian of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If t3wner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all refated claims, costs, fosses, and damages (including but not limited to all fees and charges of engineers, architeets, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, E1CDC• G700 (Rev, i), Standard 6eneral Conditions of the Constructeon CoMratt Copyright 0 2013 National Society of Professfonal Engineers, American Couruil of Engineerir►g Compan'res, and American Society of Crvil Engineers. Alt rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner wiil be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work perFormed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment af money due Contractor by Owner will not release Contractor from liability. G_ If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D. 17.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums far overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shail not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resutting from such termination. 17.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recoverfrom Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Applicat'ron 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 atl such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposa) for an adjustment in Contract Price or Contract Times or otherwise for EJCDC° G700 (Rev. i�, Standard General Conditions of the Construction Cootract. Copyright � 2013 National Society of Professional Engineers, American Counci! of Engineering Companies, and American Society of Gvil Eng'meers. All rights reserved. Page 63 of 65 expenses or damage directiy attributable to Contractor's stopping the Work as permitted by this paragraph. AR7ICLE 18 — FINAL RESO�Ui'ION OF DISPUTES 18.01 Methods and Procedures A. Disputes Subject to Fina! Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Fina! Resolution of Disputes: For any dispute subject to resolution under this Article, Owner ar Contractor may: 1. elect in writing to invoke the dispute resolution process provided far in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 19 — MISCELLANEOUS 19.01 6iving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individuat or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 19.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the firsfi and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 19.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies avaifable to any or all af them which are otherwise imposed or available by Laws or Regulations, by speciat warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga#ion, right, and remedy to which they apply. EJCDC• C-700 (Rev. lj, Standard General Conditions of the Construction Contract Copyright � 2013 National Society of Professional Engineers, Ameripn Councit of Engineering Companies, and American Sodety of Gvil Engineers. All rights reseroed. Page 64 of 65 19.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 19.05 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 19.06 Survival of Obliqations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as al( continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 19.07 Contro!ling Law A. This Contract is to be governed by the law of the state in which the Project is located. 19.08 Headings ' A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E1CDCm C-700 (Rev. l), Standard General Conditions of the Construction Contract. Copyright � 2013 National Society of Professional Engineers, American CounNl of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 007300-1 Suppiemental Conditions to the Standard General Conditions of the Construction Contract Page 1 of 24 Section 00 ?3 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract Table of Contents ARTICLE 1-DEFINITIONS AND TERMINOLOGY ................................................................................................... 3 SC1.01 Defined Terms ................................................................................................................................3 SC1.02 Terminology ................................................................................................................................... 3 ARIICLE 2-PRELIMINARY MATTERS ..................................................................................................................4 SC2.02 Copies of Documents .......................................................................................................................4 SC 2.Q3 Before Starting Construcfion .............................................................................................................4 ARIICLE 4— COMMENCEMENT AND PROGRESS OF TNE WORK .........................................................................4 SC 4.01 Commencement of Contract Times; Notice to Proceed ........................................................................4 SC4.02 Starting the Work ............................................................................................................................4 SC4.03 Reference Points .............................................................................................................................5 ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITI�NS; HAZARDOUS ENVIRONMENTALCONDITIONS ...................................................................................................................... 6 SC 5.03 SubsurFace and Physical Conditions .................................................................................................. 6 SC 5.06 Hazardous Environmental Conditions ............................................................................................... 6 ARTICLE 6-BONDS AND INSURANCE ................................................................................................................ 7 SC 6.01 PerFormance, Payment, and Other Bonds ......................................................................................... 7 SC 6.02 Insurance-General Provisions ..................................................................................................... 8 SC 6.03 Contractor's Insurance .................................................................................................................... 8 ARTICLE 7— COM'RACf'OR'S RESPONSIBILI'fTES ............................................................................................13 SC7.01 Supervision and Superintendence ...................................................................................................13 SC7.02 Labor; Working Hours .................................................................................................................... i4 SC 7.06 Concerning SubcontracCors, Suppliers, and Others ............................................................................16 SC7.09 Taxes ...........................................................................................................................................16 SC7.12 Safety and Protection ....................................................................................................................l7 SC 7.16 Shop Drawing, Samples, and Other Submittals .........................................18 SC 7.17 Contractor's General Warranty and Guarantee .................................................................................18 MORfNGSTAR - SECTION 10, PHRSE 1 Project No. 103488 �0 73 UQ - 2 5�spplemental CondKions to the Standard Generaf Conditions of #he Canstruction Cantraft Page 2 of 2A SC7.18Indemniftcatiort .........................................................•----•.........--•-•-----......................---•--•............... 18 SC 7.i9 DelegaGan of Professianal Design Services ....................................•-•----............................................ Zi A1tTICLE i3-CnST OF WORK; ALLQWANCFS; IfNIT PRICE WQWC ....................................................................... ZZ SC13.U1 Cost af Worfc ................................................................................................................................ 22 LIST QF 7ABI.ES Ta�afe 1: AddiGanal Insureds .................................................................................................................... 11 Table 2: �rerrailing Wage itates .................................................................................................................i4 Table 3: Additional �ndemni�red Parties ..........--• .......................................................................................2a A}4RIIVCs$TAA- SECTIOIJ 10 PHRSE I Hopcl Na 103�86 00 �3 oa - 3 Suppiemental Conditions to the Standard General Conditions of tfie Construction Contract Page 3 of 24 Section 00 73 00 Supplemental Conditions to the Standard General Conditions of the Construction Contract These Supplementary Conditions amend or supplement the Standard Generai Conditions of the Construction Contrac� E7CDCp C-700 (2013 Edition). � All provisions that are not so amended or supplemented remain in fuli force and effect. The ierms used in these Supplementary Condi#ions have the meanings stated in the General Conditions. Addiiaonal terms used in i�hase Supplementary Conditions have the meanings stated belaw, whidi are applicable to both the singular and piural thereof. The addr�s system used in �ese Supplementary Conditions is the same as the addr�s system used in the General Conditions, with the prefix "SC" added thereta. ARTICLE 1- .DEFINITIONS AND TERMINOLOGY SC 1.01 Defined Terms SC 1.O1.A Add the following new paragraphs immediately after Paragraph 1.O1.A.48: 49. "Construction Manager" shap mean the person designated by Owner, who shall be the Owner's agent for making decisions or giving approvals at the Project Site which may be necessary or prudent for the smooth flow of the Work. All notices required to be given by Contractor to Owner in this Coptract shall be deemed properly detivered ta Owner when delivered to Construction Manager and Contractor shall be entitled to rely on Construction Manager's instrucEion and approvals. Owner shall have the right to change the Construction Manager at any time. 50. "Developer" shall mean An ind"mdual ar entity that desires to make certain improvements within the City of Fort Worth. 51. "City"— The City of Fort Word�, T+exas, a Texas home-rute municipal corporation, acting by, its governing body through iis City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behaff. SC 1.02 Terminology SC 1.02.C. Delete Paragraph 1.02.C. in its entirety and insert the following in its piace: MORlNGSTAR — SECTlO/Y 10. PHASE 9 Project No. ?03488 007300-4 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 4 of 24 C. Day: The word "DayN means "Calendar Day." Calendar Day is defined as any day indicated on the catendar, for any given year, including Saturdays and Sundays. A"Calendar Day" is furtfter defined as every day of the year, excluding the following recognized legai Holidays; New Year's Day, Good Friday, Memoria! Day, Independence Day, Labor Day, Thanksgivi�g Day and the Friday fotlowing, Christmas Eve and Christmas Day. ARTICLE 2-PRELIMINARY MATTERS SC 2. 02 Copies of Documents SC-�.02.A Amend fi�e first sentence of Paragraph 2.82.A. to read as follows: Owner shall furnish to Contractor two (2) copies of the Contract bocuments (including one fully executed counterpart of the Agreement), and ane copy in electrpnic portable document format (PDF). SC 2. 03 Before Starting Construction SC 2.03.A.1 Delete Paragraph 2.03.A.1. in its entirety and insert the following in i#s place: 1. A preliminary progress schedule shall detail all phases of construction, including project clean up, and allow the contractor to complete the work in the atlotted time. Contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be cansidered subsidiary to this c:ontract. ARTICLE 4_COMMENCEMENT AND PROGRESS OF THE WORK SC 4. 01 Commencement o, f'Contract Times; Notice to Proceed SC 4.O1.A Delete Paragraph 4.O1.A. in its entirety and insert the following in its place: A. Upon eacecution of contract documents by the owner, a written Notice to Proceed will be issued by Engineer. No work will be authorized to be done by the Contractor until the Notice to Proceed is received and any work done will be the sole responsibility of the Contractor. SC 4. 02 Starting the Work SC 4.02.A Delete Paragraph 4.02.A. in its entirety and insert the following in i#s place: MORlNGSTAR- SECTION 10, PNASE 1 Project No. 103488 007300-5 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 5 of 24 A. The Contractor shali cammence work within ten (10) catendar days after the date of written notice. SC 4.03 Reference Points SC 4.03.A Delete Paragraph 4.03.A. in its entirety and insert the following in its piace: A. A one-time survey staking shaii be provided by the Engineer, which wii! include the foilowing: i. Set initial construction wntrol. 2. Stake and grade both sides of right-of-way of roadways at 100' stations or at lot corners for excavationJfill operations. 3. Stake and grade building pad areas (front & rear). 4. Perform verification of street, aliey, and pad grades prior to utiliiy work. 5. Stake with ofisets storm drains, intets and headwalfs. Set hubs for construction of tops/inverts 6. Stake sanitary sewer alignment with flowline elevations at SO'in#ervals. Set hubs for constructio� of manhole tops. 7. Stake lot corners of street right-of-ways for sanitary sernrer laterais and water services. 8. Stake lot carners right of-way for water mains with fre hydrant locations and grades. Where water mairt is non-concentric to right-of-way, stake centeriine of water mains at 50' intervals. 9. Perform verification of utility contractors re- grading of sd�eets after utility insCallation. 10. Stake and grade with an affset back of curb/edge of pavement at 50' intervals. 11. Stake lot corners for franchise util'ity construction. 12. Stake and grade retaining walls. 13. Final set all lat corners after final wnstruction as required by fina! pFat MORINGSTAR - SECTION 10, PHASE 1 Project No. 103988 007300-6 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 6 of 24 14. Verify completed final graded building pad elevations. SC 4.03 Add the following paragraph after 4.03.A: B. The Contrador shail notifiy the Engineer seven (7) days prior to start-up so as to allow the Engineer to set his control and provide stakes for construction. The Contracbor shail notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking services are desired, giving the specific location andJor limiting stations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre-construction meetiny. ARTICLE 5— AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC 5.06 Hazardous Environmental Conditions SC 5.06 Dele#e Paragraphs 5.06.A and 5.06.6 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditians at the Site are known to Owner. B. Not Used. ARTICLE 6-BONDS AND INSURAIITCE SC 6.OIPerformance, Payment, and Other Bonds SC 6.O1.A Delete paragraph 6.O1.A in its entirety and insert the following in its piace: A. Contractar shail furnish performance and payment bonds in the name of Develaper and City, in accordance with Texas Government Code Chapter 2Z53 or sucoessor statute, each in an amount equal to the Contract Price for the bid proposal form as security for the faithfut pertormance and payment of all of Contractor's obfigations under the Contract Documents. SC 6.01.D Detete paragraph 6.Oi.D in its entirety and insert the foltowing in ifis place: ' D. If the surety on any bond furnished by Contractor is declared bankrupt or i ! becomes insolvent or iis r'tght ta do business is terminated in the State of Texas or it ceases to meet the requirements of Paragreph 6.O1.C, Contractor ' shall promptly notify City and shall, within 30 days aRer the event giving ' rise to such notification, provide another bond and surety, both of which ; shall campty with the requirements of Paragraphs 6.01.0 and SC 6.Oi.I. MORINGSTAR - SECTION 10, PHASE 1 , Project No. 903488 SC 6.01 SC 6.02 F. Not Used SC 6.03 Contractor's Insz�ance 007300-7 Supplementat Conditions to the Standard General Conditions of the Construction Contract Page 7 of 24 Add the following paragraphs after 6.O1.F: G. Contractor shall furnish maintenancg bonds in the name pf the Gty in an amoont equai to the Cantract Price, as secur�ty to protect �e City against any defects in any purtion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect %r two (2) years aRer the date of Final Acxeptance by the City. H. A!I bonds and insurence required by the Contract Documents to be purchased and maintained by CoMractor 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 shaN also meet such additional requirements and qualifications as may be provided Section 4.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects and Suppiemental Conditions. Insurance-General Provisio�zs SC 6.02.A Add the following language at the end of Paragraph 6.02.A: and Article 4 in the Standard Ciiy Conditions of The Construction Contract For Developer Awarded Projects (Section 00 73 10). SC 6.02.B Delete the foliowing paragraph and insert the following in its place: B. Ali 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 shatl also meet such additional requirements and qualificaiions as may be provided Section 4.04 of the Standard City Conditions of the Constructian Contract for Develope� Awarded Projects (Section 00 73 10) and Supplemental Conditions. SC 6.02.D Deleie the following paragraph and insert ihe following in its place: D. Not Used SC 6.02.F Detete the following paragraph and insert the following in its place: MORINGSTAR - SECTION 10, PHASE i Project No. 103488 007300-8 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 8 of 24 SC 6.03.A Delete paragraph 6.03.A in its entirety and insert the %ilowing in its place: A. Workers Compensation and Emp/oyers' Liability. Contractor shall purchase and maintafn such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amendedj, and minimum limits for Employers' Liability as is appropriate for the Work being pertormed and as wiil provide protect4on from claims set forth below which may arise out of or result from Contractor's pertormance of the Work and Contractor's other obligations under the Contract Documents, whether it is ta be perFormed by Contractor, any Subcontractor or Supplier, or by anyone directiy 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 otfier similar employee benefit acts; 2. claims for damages because of bodily injury, occupationa! sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shal! provide the following �verages for not less than the following amounts or greater where required by Laws and Reguiations a. Statut,ory limits b. Employer's liability i. $100,000 each acxident/occurrence ii. $id0,000 Disease - each employee iii. $500,000 Disease - poliry limit SC 6.03.6 Delete paragraph 6.03.B in its eniirety and insert the following in its place: B. Commercia! Genera! Liability, Coverage shail include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personaf injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services �ce (ISO) policy. This insurante shall apply as primary insurance with respect to any other insurance or self- insucance programs afforded to the City. The Commercial 6eneral Lia6ility policy, shall have no exclusions by endorsements that would alter of nullify premises/operetians, 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 wnstruction projects that present a substantial completed operation exposure, the City may require the contwactor to maintain completed MORINGSTAR- SECTfON 10, PNASE 1 Project No. 103488 007300-9 Suppiemental Conditions to the Standard 6eneral Conditions of the Construction Contract Page 9 of 24 operations coverage for a minimum of no less than three (3) years foilowing the compietion of the p�l� 2. Contractor's Liability Insurance under this Section which shall be on a per project basis �vering the Contractor with minimum limits of: a. $i,000,000 each occurrence b. $2,000,000 aggregate limit 3. 7'he policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the Genera! Aggregate Limits appty separately to each job site. 4. The Commercial Genera{ Liability Insurance policies shatl provide "X", "C", and "U" �verage`s. Verification of such coverage must be shown in the Remarks Articie of ffie Certifica� of Insurance. SC 6.03.0 Delete paragraph 6.03A m its entire#y and insert the following in its place: C. Not Used SC 6.03.D Delete paragraph 6.03.D in its entirety and insert ihe following in its place: D. Automobile Liabi/ity. A commerdal business auto policy shall provide coverage on "any aubo", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or properly damage arising out of the work, maintenance or use of any motor vehide by the Contractor, any Subcontractar or Supplier, or by anyone directly or ind"erectJy employed by any of them to pertorrn any of #he WoHc, or by anyone for whose acts any of them may be liable. 1. Automobite Liabitity, Cor�tractor`s Liabiliiy Insurance ander this Section, which shail be in an amount not less than the foliowing amounts: a. Automobite Liability - a commercial business policy shal! provide coverage on "Any Auto", defined as autos owned, hired and non-owned. i. $l,000,000 each accident on a combined singie limit basis. Split limits are a�aptable if limits are at feast: ii. $Z50,000 Bodily Injury per person iii. $500,000 Bodily Injury per accident iv. $100,000 Property Damage SC 6.03.E Delefie paragraph 6.03.E in its entirety and insert the following in its ptace: E. Not Used MORIIVGSTAR— SECTION 10, PHASE i Project No. 103488 p073UO-10 5upplemetrtal f.anditiqns ta the 5ta�dard Generai Canditinos af the Canstruction Contract Page iQ of 24 SC 5.�3.F �ete paragraph 6.�3.F in its e�irety and inse�t the iallQwing in its pla�e: F. IYat Used SC 6.03.G Add the faliQwing language at the end of Paragraph fi.Q3.G. The er�tities listed in Tabie 1: Additional Insvreds are "additional insureds as their interest may ap�ear" induding their respecti�►e of�oers, dire�tars, agents and empioy�es. Talrle I: Ad�l�tion��l Insureds i. City z FG Aledo oe►►eropme�t, �Lc S. Momingstar Ranr,ft Mureieipal Uti�iL'y District Nos. 1 ar� Z SC b.43.f Delete paragraph 6.�3.i in its er�tirety and insert the following in its piace: I. C�r�tracbor shall �I€►►er to De►►eloper and Lity, with oopjes to � addidvnal insured and ioss payee iderrtified in these Standard Cily Conditians vertificates of itfsurance �an�f other evidenoe o# insurance requesbed by City ar anr ather additiana! insuredj whidt Cantractar is required bo purcfiase artd mair�tain. L The oerpficabe of insurance s{�all dacument the C7itr, an as "Additianal Insured" a� a!! lial�ilitr polFcies. Z The Contractvr's general liability insuranee shall indude a, "per pro�ect" or "per location". endnrsement, wE�ich shall be iden 't�ied in the cer 'L�F'icate af insurance pra►►ided to the City. 3. 3. The cerbificate shall be signed by an agent authorized to bind to►►e�age ost 6ehalf af the insured, be camplete in its ent�rety. a�d shaw caenplefie insurarsce carrier name� as listsd in #he tvrrent A.M. Best Pr'apei#y & Casuatty Guide 4. The insurers far all polides must be I� and�w ap�sro�ed tn do business in tl�e 5ta#e of Texas. Exc�pt fvr woricers' compensation, all fnsurers must ha�e a minimum ra#ng af A-: VII in the eurrent A. M. Best KeY Rating Gufde ar ha�$ reasonabFy equi►�ale�rt �inariaal strenglh and sd�►ency #o tf�e satis�action of Ris�c Management If the ra�iny is bebw that required, written approval �f City is required. +uo�rrvcsraR- sFct�ory �o. �as� i P.o�ecY n�a 1u?e8e 00730�-11 Supplementai Conditions to the Standard General Conditions of the Construction Contract Page 11 of 24 5. All appticable policies shall inciude a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractar agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identifled in these StandaM 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 6e construed as a waiver of Contractor's obligation to maintain such lines of insurance caverage. 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 "accurrence basis". If coverage is underwritten on a daims-made basis, the retroactive date shalt be coincadent with or prior to the date of the effective date of the agreement and t�he cerfificate of insurance shall state that the coverage is daims-made and the retroactive date. The insurance coverage shaii be maintained for the duration of the Contract and for three (3) years foilowing �nal Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annuai certificate of insurance submitted to the City shall evidence such insuranae wverage. 8. Policies shall have no exclusions by endorsements, which, neither nutlify or amend, the required lines of coverege, nor decrease the limifis of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or execufied and the exclusions are determined to be unaoceptable or the City desires additional insurance wverage, and the City desires the contractoyengineer to obtain such caverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any setf-insured retentian (SIR), in excess of $25,000.00, affecting required insuranoe coverage shalf be approved by the City in regards to asset value and stockholders` equity. In lieu of traditional insurance, alternative coverage rnaintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in e�ccess 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. MOR/NGSTAR- SECTJON 10, PHASE 1 Project Mo. 103988 00730Q-12 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 12 of 24 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 ar the claims history of the industry as weli as of the coniracting parly 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 6e entitl�l, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable reques�s for deletion or revision or modificafions 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 nat be required where policy provisions are established by law or regulations binding upon either parly or the underwriter on any such policies. 13. City shali not be responsible for the dit�ect payment of insurance premium costs for Contractor's insurance. ARTICLE 7— CONTRAGTOR'S RESPONS�ILTTIES SC 7. 01 Supervision and Superintendence SC 7.01.6 Delete paragraph 7.O1.B in its entirety and insert the following in its place: B. At all times during the progress af the Work, Contractor shall assign a competent, English speaking, Superintendent who shali nat be replaced without written notice to Citv, Owner, and Enqineer. The Superintendent wil! 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. SC 7.01 Add the following paragraphs after 7.01.B: C. Contractor shall notify the City. Owner. and Er�qineer 24 hours prior to moving areas during the sequence of construction. D. The Contractor shail notify the Enqineer seven (7) days prior to start-up so as to aliow the Engineer to set his control and provide stakes for construction. The Contractor shall notify the Engineer, in writing, at least SEVENTY-TWO (72) hours in advance of the date when specific staking senrices are desired, giving the specific location andjor limiting s#ations. The Engineer shall be notified of any change of sequence of schedule which is established in the pre-construction meeting. MORINGSTAl2- SECTION f0. PNASE 1 Prpject No 103488 00 73 00-13 Supplemental Conditions to the Standard General Conditians of the Construction Contract Page 13 0# 24 SC i.02 Add the following new paragraphs after 7.02.B: C. Wage Rates: The contractor is repuired to pay prevailing wage rates as defined in 5.08.A- H of the Standard City Conditions of the Construcdon Contract for Developer Awarded Contracts. 1. The Prevaiting Wage Rates for Heavy and Highway Construction Projects as provided by the City in Tabie 2: Prevailing Wage Rates are as follows: '�a&s9e 2: �c�evai9Acag �/age R��es MORINGSTAR- SECTION f0. PNASE 1 Project No. 103488 00 73 00 - 14 Supplemental Conditions Yo the Standard General Conditions of the Construction Contract Page 14 of 24 Asphait Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operatar Concrete Saw Operator Crane Operator, Hydraulic 80 tons or less Crane Qperator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Electrician Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator Mechanic Milling Machine Operator Motor Grader Operafior, Fine Grade Motor Grader Operator, Rough Off Road Hauler Pavement Marking Machine Operator Pipelayer Reclaimer/Pulverizer Operator Reinforcing Steel Worker Roller Operator, Asphalt Roller Operator, Other Servicer Small Slipform Machine Operator Spreader Box Operator 7ruck Driver Lowboy-Float Truck Driver 7ransit-Mix Truck Driver, Single Axle Truck Driver, Single or Tandem Axle Dump Truck Truck Driver, Tandem Axle Tractor with Semi Trailer Welder Work Zone Barricade Servicer $ 12.69 $ 11.74 � $ 14.12 $ 16.05 $ 14.48 $ 18.12 $ 17.27 $ 20.52 $ 14.07 $ 19.80 $17.19 $16.99 $10.06 $ 13.84 $13.16 $17.99 $21.07 $ 13.69 $ 14.72 $ 10.72 $ 12.32 $ 15.18 $ 17.68 $ 14.32 $ 17.19 $ 16.02 $ 12.25 $ 13.63 $ 13.24 $ 11.01 $ 16.18 $ 13.08 $ 11.51 $ 12.96 $ 14.58 $ 15.96 $ 14.73 $ 16.24 $ 14.14 $ 12.31 $ 12.62 $ 12.86 $ 14.84 $ 11.68 MORINGSTAR - SECTlON 1a, PHASE 1 Project No. 103488 Q07300-15 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 15 of 24 The Davis-Bacon pct prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and desc�iptions for the classifications listed are detailed in the AGC of Texas' Standard 7ob Ciassfications and Desc.riptions for Highway, Heavy, Utilities, and Industrial Gonstruction in Texas. SC 7. 06 Concerizing Subcontractors, Suppliers, and Others SC 7.06.A Add the foliowing paragraph immediately follawing 7.06.A: A. Pre-Qual�cation of Bidders (Contractors and Subcontractors): All Work an Water, Sewer, Drainage, Paving, and Street Light Improvemenis shali be performed by pre-qualified �ntractors as determened by the City of Fort worth. SC 7.06 Add the following paragraph immediately following 7.06.0: P. Atl work pertormed by a Subc�ntractor must wmply with prevailing wage rates as defined in Tabie 2: Prevailinq Wage Rates on Page 14. SC 7. 09 Taxes SC 7.09.A Detete Paragraph 7.09.A in its eniarety and insert the foliowing in its place: A. On a contract awarded by the Municipai Utility District, an organization which qualifies for exemption pursuant to Te�cas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease ati materials, supplies and equipment used or �nsumed in the performanoe of this c�ntract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. My such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with l�he provision of S#ate Camptroller's Ruling .011, and any o#her applica6le rulings pertaining to the Texas Tax Code, Subchapter H. SC 7.09 Add the faliowing new paragraph immediately after Paragraph 7.09.A: B. Texas Tax permits and information may be obtaineci from: 1. Comptroller of Public Ac�unts Sales Tax Division MORINGSTAR - SECTfON 10. PNASE J Project No. 103488 00 73 a0 - 16 Supp�emental Conditians ta the 5tandard General Cvnditions of the Constructian Corrtract Page 16 of 24 Capitol 9tatior� Austire, T]( 78711; or Z. - farms.html SC 7.12 Sufety ar�d Prate�tian SC 7.12.A Add #he fnliowing new paragrapi�s immediately aft�er par�graph 7.12.A.3. 4. All property alor�g �nct adjaoent #o �he Cantracbnr's operations induding la►nre►s, rards, shreibs, tre�s, el+c. shal! be pr+eserved or rest+�ored a#ter completion of the wark bo a coeditian equal or hetber than exisbed prior to start ai war�k, 5. gy ordinance. the contractor must uhtain a pernr�ft From the City Forester before any work {tritnmir�g, reino►ial ar roat pruning] can he done o� trees or s�rvbd� growing on puhiic properEy induding street eiqhts-of-way and designated alieys. This permit can be ohtained hy c�lling the Forestry �Ffke at {Si]'} 871-5738. A�I tree work shall6e in oon�plianoe with pruning standar�ds for Class II Prueing as des4rihed br the IYational Arborist Association. A capy of these standards can be pro�►ided by cailing the abvve nurn6er. My tlamage tn pu61i� trees dtte � negligenoe by the Cantractar s�ail be as�essed using the wn�ent formuEa far 5hade Tr�ee E�aluatian as d�fned by the inbernational Sode�ty of Arboriculture. Paymen# for negligent damage ta puWic trees s�al! 6e made to the City af Fort Worth and may 6e withheld irarh f�nds due t� the Cor�tra�tor by the City. 6. % pre�►ent i�he spread of the Dak Wlt fungus, all wouncis o� Line Qak and Red �ak trees shafl be imme�liatelr seaEed using a oomrnerdal prnning paint. This is the oniy instance wl�en pruning paiet Es recommendetl. 7. Fences: T�re Contractor will i�e required t,o replaoe ar repair all fenoes [hog wire, barbed wire, cydone. N►ood. etc.] damaged ar nwr►ed in cannect�an with vperations under this oontract, using new materiaf where necessary, '1'he Contractor wiil be alfowed fio replaae the uriginal fence ar relocate the fenoe, whiche►►er is required. using the materials frum t[�e ariginal fence, pro�riding this rrwterial is usabie in the opinion of the EreQineer. When new material is neoessary, such material will be a repla�t of ffie original fence as regards ta type of iendng, pnsts, and oonstructinn. The 4ost of �r��r+w;�.i4�� t �.r�r.r�y 1r� ��f+n::F � F'rnjee:flVn lf.+3tRft 00 73 00 -17 Suppiemental Conditions to the 5tandard General Conditions of the Construction Contratt Page 17 af 24 this fence replacement will be �nsidered incidental and included in the unit bid price for the respecdve item affected. SC-7.I2.E. Amend the 1� sentenc� of paragraph 7.12,E. by adding the foliowing paragraph references after 7.12.A.3: "7.12.A.5" and "7.12.A.7" SC 7.16 Shop Drawing, Sampdes, and Other Submittals SC 7.16.A Amend paragraph 7.16.A by inserting the foilowing sentence before the first sentence of paragraph A: Ali Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.16 of the Standard City Conditions of the Construction Contract for Devetoper Awarded Projects (Section OQ 73 10). SC 7.17 Contractor's General Warranty and Guarantee SC 7.17.A Amend paregraph 7.17.A by inserting the fotlowing sentence before the first sentence of paragraph A: All Work on Water, Sewer, Drainage, Paving, and Street Light Improvements shall comply with 5.17 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects (Section 00 73 10). SC 7.18lndemnification SC 7.i8.A Delete Paragraph 7.18.A in its entirety and insert the following in its plaae: P. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE CONFRACTOR SHALL INDEMIYIFY AND HOLD HARMLESS THE CITY, OWNER, DEVELOPER ITS BOARD, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, ENGINEER AND ITS CONSULTANTS, DIRECT�RS, OFFICERS, AGENTS AND EMPLOYEES AND DEVELOPER AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTtVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, LIENS OR CLAIMS OF LIEN, SEiTLEMENTS, LIABILITIES, COSTS, EXPENSES, FINES, AND ]UDGMENTS (INGLUDING, WITHOUT LIMITA'RON, REASONABLE AND NECESSARY COURT CO5TS, EXPERTS` FEES AND ATTORNEY'S FEES) (COLLECTIVELY, "LOSSES"j, WHETHER ARISING IN EQU17Y, AT COMMON LAW, OR BY STATUTE, INCLUDING WYTHOUT LIMITATION THE TEXAS DECEPTIVE TRADE MOR/NGSTAR- SECTl�lU 10, PHASE i Project No. 103488 pQ7300-18 Supplemprrtal Conditians to the 5#andard Ge�eral Conditipns of the Construction Carrtract Page 18 of Z4 PRALTICES ACT [AS AM�HDEQj OR SIMIlAIi STATUTE �F �iHER ]LFRiSDICiYOHS. QR 1fHDE[t THE LAW OF L�DMTRACTS� TORTS [IMCWDIHG, WITHOUT LiMiTAi'IDH, NEGL.�GEHCE AN� STRICT LIABiLITY WITH�U'T RfGAR� TQ FAULT] OR PR�PERTY, �F �11ERY 1QH#] dR CHARACFER IHCLlJDIHG. WI7FtUUT LIMITATIQN, CLA�MS �DR PR�PERTY pAMAGE. PERSUNlAL iHJURY, EM�TI�HAL DISTRESS AH� ECQNOMiC LOSS� ARISING IN FAVOR OF DR BROUGHT BY ANY Df i'li� CAN'iRACTQR'5 EMPLpYEES, AGEHTS, SIlBCONTRACTQRS, 5UPRLIERS OR REPRE5ENiATNES, OR 6Y ANY GOVERNMENTAL AGENCY OR AliiY P�R5DN OR PARTY, 8A5E0 UPW�I, IH CaHNECTIOH WYTH. REEATiNG TD �R ARISIIVG �UT OF THE VY�RK, THE CQNTRACTaR'S F14ILIJRE TD COMPLY W1TH TH� CQHTRACT DOCIIMEHTS, �R TFiE CANTRACT�R'S ACiT�HS OR INIICTIOHS UHDER TfiE CQHTRACi IX]G1IMENTS, IHCLLIQIHG WITHOlJT LIMITATI�N ANY FAILURE iQ PAY TA][�S OR FAILLIRE T� C�IMP[.Y WlTH AHY APPLICABI.E LAW, AH� EVEN IF ANY SEICH LD65ES ARE pUE IA1 pART 7�0 ANY IHpEM1�E1TEE5' CONCLIRRENT� JaINF UR CAIVTRIBIifORY HEGLIGE�YCE �R DTFiER FAUL7. gREACH �F CONTRACT OR WARRAHTY, VIOLlITIQN �F STAME, OR STRICF lIABILTiY WI'�H�i1T REC,ARD TU FAULT. 1. IT IS THE EXPRE55 IHTEHliOlV UF �HE O�ITRACTQR T� IHDEMFfIFY TIfE IH�EM[�IITEES FR�M TH� CONSEQLI�HCFS DF TNEIR RE.SPECFNE ]QII�1'C. PAftTTAL OR O�NTRISU'��RY HfGLIGE�ICE. THE INbEMHIFiCATIDH Q6LiGATIOM UNQER THIS PARAGRAPH SHAEL 5i1RVNE CQMPlETiQN OF iHE PRDJ�C'C, TERMIHA'E'IGH dF THE CANiRAGT, FIHAL PAYMEHi AH��OR ABAHpaHMEMT pF THE Rit07ECT. THIS IHDEMNIT1f IS C�IMMULATNE �F DTHER IHdENHITEES IN THE CONTRACT DOCUMENTS IMCLl10ING BUT HD'T LIMifEO TD 7.18. SC 7.18.6 Amend the first sent+ence af paragraph 7.18.B to read as the foliovrs: Lf arry and all claims against pEVEI.OPER, �1NHER QR EHGINEER or any oF their officers, dire�ors, members, parbers. emP�a]►ees. a9ents, cansuitar�ry a' subcon�-actars by any dnplayee {or tGe survivar ar personal r�epresentatn►e of such emplayeej of Contractor, any Suhcontractor, any 5upp[ier. or any indiridual or entity direcEly or indirectt� ernployed py arey of them to per#arm AH7RING5'fAR - SECTK]N I0, PNASE l Pro/rcf Alo 10.4�88 00 73 00 -19 Supplemental Conditions to the 5tandard 6eneral Conditions of the Construction Contract Page 19 of 24 any of the Work, or anyone for whose ads any of them may be liable, the indemnification obligation under Paragraph 7.i8.A shalt not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits paya6le by or for Contracior or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employ� benefit acts. SC 7.18 Add the foilowing new paragraphs immediately after Paragraph 7.18.C: D. Contractor covenants and agrees to indemnify Developer's engineer and its personnel at the project site for contractor's sole negligence. In addifion, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Developer and the City, their officers, "additional indemnified parties", servants and ernployees, from and against any and all claims ar suits for properly toss including third party's loss of use, property damage, personal injury induding emotional distress, induding death, arising ou# of, or alleged to arise out af, the worlc and senrices to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alfeged negtigenoe of #he Developer or the Ciiy, their officersp "additional indemnified parties", servants or employees. Contractor likewise �venants and agrees to indemnily and hold harmless the Developer, "additionaf indemn�ed parties", and the C'�ty from and against arry and all injuries ta Devetoper or City's offiaers, "additional indemnified parties", servants and employees and any damage, loss or destrucEion to properly of the Developer, "additiona! indemnified parties", or the City arising from the performance of any af the terms and conditio�s of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of the Developer or the City, their officers, "additional indemnified parties", servants or employees. E. The "additional indemnified parties" are listed below in Tab(e 3: Additional Indemnified Parties. Tat�l� �: Addi�i�ro�0 Ind�rn�i�a�d �artaees 1. City 2. Consultant: Welch Engineereng, Inc. RlrORIRJGSTAR- SECTlON f0, Pf-IASE 1 Project No. 103488 00 73 00 - 20 Supplemental Conditions to the Standard General Conditions of the Construction Contract Page 2U of 24 3. FG Aledo Development, LLC 4. Morningstar Ranch Municipal Utility District Nos. 1 and 2 F. Ti IS THE EXPRESS INTENTION OF THE CONTRACTOR TO INDEMNIFY THE INDEMNTTEES FROM THE CONSEQUENCES OF THEIR RESPECTNE ]OINT, PARTIAL �R CONTRIBUTORY NEGLIGENCE. THE INDEMNTFICATION OBLIGATION UNDER THIS PARAGRAPH SHALL SURVNE COMPLETION OF THE PRO]ECT, TERMINATION OF TWE CONTRACT, FINAL PAYMENT AND/OR ABANDONMENT OF THE PROJECT. THIS INDEMNITY TS CUMULATNE OF OTHER INDEMNITEES IN THE CONTRACT DOCUMENTS INCWDING BUT NOT LTMITED TO 7.18. G. The obligation of the CONTRACTOR under Paragraph 6.20 shall not e�rtend to the liability of tl�e ENGINEEt� his agents or employeas arising out of the preparation or approval of maps, drawings, reports, surveys, change orders, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. It is understood and agreed that Section 7.18 is subject to, and expressly limited by, the terms and conditions OF TEXAS CN, PRAC. & REM. CODE APIN. § 130.Q01- .005 as amended. MORlNGSTAR — SECTION 10, PHASE 1 P�o%ect No. 103488 ao �� oa - zz 5upplemental Conrlitions ta the Standard General Cvnditions of the Constr��tian Cantraet Paga zI af 24 ARTICLE 13-C�ST QF WURK; ALLDWANC�S; [INIT PR10E WQRK SC 13. 01 Cost af Wark 5C E3.O1.B.5 Add the followi�q new parayraphs ienrs�ediateJy after Parasraph 13.Qi.$.5.i: j. Excava�fwr of MgteriaYTieneh 5pails: Arry and ali rack rr�t�arial �ncounter+ad during #renching and exca►►atian shall 6e incid�ental ta � and r�ot tv E�e aonsidered as a pay i�em. Exoess apaii mat�erfal indudin� thwe +generabed from all t�etaining walls btri�t v�t site. shail be wasted an property in areas debermined by the canstrvctian m�enager. Cvntrac6or wili not dishurse anr spoifs ��il C�vction M�naQer issues wrfkben in�lans as ta wi�ere spails shai! he piaced. 5poils �all cantain rw rocics lar+ger thar� 4" in diarneter unie�s appra�red by tlee C,anstructian Ma�ager. Eaeh Ga�stractor is respo�ible fvr their spols. Arey and all mdc spailz genaated fmm uti![t�r {wat,er, sanitary, and/ar s6ormj axca�rat�ian sha11 6e aan�d�red ir�aidem�l ia wnstruc•tio� and nat ta be �ae�sic{ered as a pay item. k. Aaj�s�ent vf [JHliiies: It �haEl he the responsi6ifity af the C+ontra�tor to perForm any neae�ssary final grade adjustrr�ents tn ai[ appurtenar�oes (►ra�rne sfadcs, martho[e rims, flre [�ydrants. etc.} ar�d for pour€ng any hlacJc vuts required 6y the go►rerning puhlic autharity. The Lidlity Cvntracbor shafl be respot�i6le for proridieg false manhoEe bottoms anrl iniet pratec�ion durirtg Ra�in9 operatians. the oo�t to perfarn� #his work shal! f�e incidental to tl�e PaY ��- I. Water for' Canstruction: A!1 water r�equired shai! 6e furnisl�ed by tlee Cvntiac�or at his e�c�ense and shalf be frorti a clean, �otaWe water saurce� m. �ewatsrrr�g: Dewa�+er�ng� If rec�ilil'+edr is nat induded � a�ar�te pa�i it�ert� at�d ahall be includecl subsidiary ta the bid items. Cas�tracbor shai[ make deEermMat3on of exbent vf dewaterinq r�ece�sary ba oompiete the projed in accardanae with #he plans and spe�ifications. rt. Ol�struct�ons: Itelocatfon of ulilitr pcles, underqround ut�lities, and similar lietfns will �e perforn�ed hy d�veivpar, exoep� where otl�erwrise indicat�d on the @rawings. The Coittractor shall coarcfi�ate a�ci pian his rvor[c ara�nd stieh r+elocation ar renwval. o. STORMWATER POLLUTIDN PREYENTION PLAN: The Canf�act,or unii 6e respnnsihle for a�sy and a[I m�rEe�ry �ines or darngges a�d E� a�y +Ho�rr►v�sr,�R-. s�c�roru ro. �sF a Prayecr Mo aw�Ed UO73U[1-22 5upplemenial Conditipns tv the Standard General Conditfans o#the Construc#ian Contract Page 22 of 24 grnrerning agettry resulting fram #he negliQenoe ta aomply with the requirements af ffie �roject Sturm Water Pailubion Pre►►�n#ian �lan. The Uwner wiiE not be responsihle Tor any such mone�ry fines or damayes for non-oomplianoe af the project 5�vrm Waber Pallution Prevention Plan hy the Cantractor. p. SI7iE DRAIHAGE.• The Cvn�tracbor� prior bo suhmitting a oontractual bid� shaEl observe and inspect #he progect site �onditions, induding surFace and subsurFace conefitions and ahsenring the current drainage patbern nf the en#ire pr�erly, as weil as that of adjaaettt properties. The suhject site shouid �e examined extensi►►dy fnr the prpsenoe of standing vrater, saturated or boggy gtnund. a high watier tahle, and dry or wet creeks or other seasnea! drainaqe wa�►s, swales ar�d channels all af which �nay affect surtace drainage. The Co�ract�r, at his expense, shall monit+or and examine sibe drainage and take a�rnpriate meast�res to Carry s#orm water runoff, wit�ocit erosion nf on-site sviEs. so as #o not suhjact the �onstruction site to f�aoding at any time. Trie ContraCtor shall be responsiple far �nair�aining and mareaging the oottstructiar� site dreinage at all times during cQnsductivn at na additianal expense to the awner. q. 7REE �I5PDSAL: CoirtracMr is respansihle for d�e d'�po�sal of a�i rerrtio�►ed trees at Cvntracto�'s sole expense. Gantrac�ar mar be allowed �o us�e the 4`ollawing metho� ort dispa�al: i. dtfrn on-d�q if slbwa# b�► governiny munic�Ps#ity. in ar� d�nabed by t�e Uwna�s Repr�euitatire, in �cotdanoe witi� mumdpaliry's rqruFatk�r�s. A!I perntitlin� will be at the exper� af the Contractnr'. On�ibe hurr�in9 m�ry only oocur an Propertr that falh wltf�in Morningatar Ranch Muni�ip�1 lldFit� �ict No�. 1 vr �. ii. Chip r�nare�f treea and spread in are� designated by the Owner's Representati►►e, at Contrattnr's exqense. iii. Haul vffsite at Contra�bor's Expertse tira►�rvcsraR - s�c rron► � n, ��sE , P�.'f Alp fQ3�d9 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CUNTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD C1TY CONDITiONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS �F THE CONSTRUCTION CONTRA.CT FOR DEVELOPER AWARDED PROJECTS TA.BLE OF CONTENTS Page Article 1— Defuutions and Terminology .......................................................................................................... l 1.O 1 Defined Tezms ............................................................................................................................... l 1.02 Temunology ..................................................................................................................................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 Axnending and Supplementing Contract Docuxnents .................................................................. 6 Article4— Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insuxers ..................................................................................................... 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; �ption to Replace ...........................................................12 Article 5 — Conlractar's Respansibilities ........................................................................................................12 5.01 Supezvision 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 Conceming Subcontractors, Suppliers, and Others ...................................................................16 5.08 Wage Rates ..................................................................................................................................18 5.09 Patent Fees and Royalties ...........................................................................................................19 5.10 Laws and Regulations .................................................................................................................14 5.11 Use of Site and Other Areas .......................................................................................................19 5.12 Record Documents ......................................................................................................................20 5.13 5afety 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 STANDARA CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised:January 10,2013 5.18 Indemnification ...........................................................................................................................24 5.19 Delegarion 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 ...................................................................................................................25 Article7 - Ciry'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 I?uring Construcrion ...........................................................................27 8.01 City's i'roject Representative .....................................................................................................27 8.02 Authorized Variations in Work ..................................................................................................27 8.03 Rejecting Defective Work ..........................................................................................................27 8.04 Determinations for Work Performed ..........................................................................................28 Articie9- Changes in the Work .....................................................................................................................28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety ..................................................................................................................28 Article t 0- Change of Contract Price; Change of Contract Time ................................................................28 10.01 Change of Contract Price ............................................................................................................28 10.02 Change of Contract Time ............................................................................................................28 10.03 Delays ..........................................................................................................................................28 Article 11- Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................29 11.0 l 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 I 1.06 Conection or Removal of Defective Work ................................................................................ 3Q 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 Utilizatxon ........................................................................................................................ 32 12.03 Final Inspection ...........................................................................................................................32 I2.04 Final Acceptance .........................................................................................................................33 Article 13 - Suspension of Work ....................................................................................................................33 13.01 City May Suspend Work ............................................................................................................ 33 Article14 - Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice ..............................................................................................................................34 CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECfS Revised: January 10, 2013 14.02 Computation of Times .................................................... ............................................................ 34 14.03 Cumulative Remedies .................................................................................................................34 14.04 Survival of Obligations ...............................................................................................................35 14.05 Headings ......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: lanuary 10, 2013 00 �s ia i Standard City CondRions Of The ConsVuction Contract For Developer Awarded Projects Page I of 35 A RTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 De,�ned 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 singulaz and plural thereof, and words denoting gender sha11 include the masculine, feminine and neuter. Said terms are generally capitalized or urritten in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the terna 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 a.rticles and paragraphs, and the titles of other documents or fonms. 1. Agreement - The written instrument which is evidence of the agreernent between Developer and Contractox covering the Work 2. Asbestos tAny 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 Hea.ith Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Frida.y, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, elecixonic document management and collaboration system. 5. Calendar Day — A da.y 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 foldowing 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 ite»zs that make up the contYact and which must include the Agreement, and it's attachments such as standard canstruction spec�cations, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DSVELOPER AWARDED PRO7ECTS Revised:January 10,2013 oo�s ia2 Standard City Conditions Of The ConsVuction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendoz 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. Maintenan.ce Bond h. Power of Attorney for Bonds i. Workers Compensation Affiidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions m. The Standard City Canditions n. Specifications specifically made part of the Contxact Documents by attachrnent, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Docuxnents o. Drawings p. Documenta.tion submitted by contxactor 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 incotporated 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 submitta.ls, and the reports and drawings of subsurface and physical conditions are not Contract Docuxnents. 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 o,f 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 satisfactian of the City. CITY OF FORT WORTH STANDARD CITY CONUITIONS — DEVELOPER AWARDED PRaJECTS Revised:Januaryl0,2013 uo �s ia s Standard City Conditions Of The Construction Contract For Devebper Awarded Projects Page 3 of 35 16. Final Inspection — Inspection camed out by the City to vetzfy that the Contractor has completed the Wor)� and each and every part or appurtenance thereaf, , fully, entirely, and in conformance with the Contract Documents. 17. General Requirements A part of the Contract Documents between the Developer and a Cantractor. 18. Laws and Regulations Arty and all applicable laws, rules, regulations, ordinances, codes, and orders of arry and all govemmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, securiry interests, or encumbrances upon Project funds, real property, or personal property. 20. Mileston�A principal event specified in the Contract Documents relating to an intermediate Contj-act Time prior to Final Acceptance of the Work. 2I. 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 t-evision in the Work or an adjustment in the Conti^act Price or the Contract Time, issued on or after the E,�"ective 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 Efj`'ective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedul�—A schedule, prepared and maintained by Contractor, in accordance with the General �tequirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contrract Time. 25. Project—?3te Work to be perf'ormed under the Contract Documents. 26. Project Representative—The authorized representative of the City who widl be assigned to the Site. 27. Pubdic Meeting — An announced meetdng conducted by 1he Developer to facilitate public participation and to assist the public in gaining an informed view o, f the Project. 28. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thrta Friday (excluding legal holidays). 29. Samples Physical examples of mate�ials, 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 C1TY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 �3 ia a Standard City Condifwns 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 subrraittals and the time requirements to support scheduled performance of related consmcction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work zs to be performec� incdudzng rights-o. f-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 Worl� and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically mad'e 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 DO 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setling 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 Adl drawings, diagrams, illustrations, schedules, and other data or information which are spec�cally prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the YYork. 36. Superintendent — The representative af the Contractor who is available at all times and able to receive instnictions from the City and/ar 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 facalities or attachments, and any encasements containing such facilities, including but not lamited to, those that convey electricity, gases, steam, liquid petroleum products, te�ephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicads, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a.m. and ending at S: 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 ��s �as Standard City Conditions Ot The Constructfon Contract For Developer Awarded ProJects Page 5 of 35 41. Work—The entire construction or the various separately identi, fiable parts thereo, f required to be provided under the Contract Documents. Work includes and is the result of performing or providing all lahor, services, and documentation necessary to produce such construction including arry 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 purpases, in which weather or other conditions not under the control of the Contractor will permit the performance of the prfncipal unit af work underrvay 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.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contxact Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: l. The word "Furnish" or the word "Install" or the word "Per%rm" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishin.g and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicaxed, 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 aze used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDIT[ONS — DEVELOPER AWARDED PROJECTS ftevised:January 10,2013 00 73 10. 6 Standard City Conditions Of The Co�sUuction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Basetine 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 Preconstnlction Conference Before any Work at the Site is started, the Contxactor 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, manua.ls, 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 xnay 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 ma.y 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 Coniract Docuxnents 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 CONpITIONS—DEVELOPfiR AWARDED PROJECfS Revised: January 10, 2013 aor��a� StandaM City Conditions Of The ConsKruction Contract For Developer Awarded Projects Page 7 of35 l. City's or Engineer's review of a Submittal (subject to the provisians 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 ta be purchased and mainta.ined by Contractor shall be obtai.ned from surety or insurance companies that are duly licensed or authorized in the Sta.te 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 Governinent Code Chapter 2253 or successor sta.tute, each in an amount equal to the Contract Price as security for the faithful performa,nce and payment of alI of Cantractor's obligations under the Contract Documents. S. Contractor shall fi�mish maintenance bonds in the name of Developer and City in an amownt 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 Coniract 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 Acczpta.ble 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 effecrive on the da.te the agent or attorney-in-fact signed each bond D. If the surety on any bond fiunished by Contractor is declared banknzpt 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 4A2.C, Contractor shall promptly notify Ciry and shall, within 30 days after the event giving rise to such natification, provide another bond and surety, both of which sha11 comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Cont�actor shall deliver to Developer and City, with copies to each additional insvred and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any othez additional insured) wluch Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 7310- 8 Standard City Conditions Of The Construction ConVact For Developer Awarded Projects Page 8 of 35 The certificate of inswrance shall document th:e 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. T'he certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete iva its entirety, and sho�uv 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 Subroga.tion (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 idenrify a deficiency from evidence that is provided sha11 not be construed as a waiver of Contractor's obligation to mainta.in such lines of insurance coverage. 6. If insurance policies are not written for specified covera.ge 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 sha11 be coimcident with or pnior to the date of the effective date of the agreement and the certificate of insurance shall state that the covera.ge is claims-made and the retroactive date. The insurance coverage sha11 be maintained for the duration of the Conixact 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 sha11 have no exclusions by endorsements, which, neither nullify or amend, the required Iines 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 C1TY CONAITIONS — DEVELOPER AWARAED PROJECTS Revised: 7anuary 10, 2013 00 �s �a 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projeds Page 9 of35 lieu of iraditional 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 palicy that does not provide covera.ge on a first-dollaz basis, must be acceptable to and approved by the City. 11. City, at its sole discrefion, 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 npon changes in sta.tutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjusiments shall be incorporated into the Work by Change Order. 12. City sha11 be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and zna.y malce 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 Contxact Deletians, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the undervvriter 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 covera.ge with lirnits consistent with sta.tutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimuxn 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 Contxactor'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: claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because af bodily injury, accupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following covera.ges for not less ihan the followin.g amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARA CI'fY CONDITIONS — DEVELOPER AWARDED PR07ECTS Revised:3anuary 10,2013 • 00 73 10- IO Standard City CondiGons Of 7he Conshuc6an Contract For Developer Awarded Projeds Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy lunit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/aperations, independent contractors, products/completed operarions, 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 Commer�ial 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 aze normally contained with the policy, unless the City approves such exclusions in writing. l. For construction projects that present a substantial completed operation exposure, the City may requite the contractor to maintain completed operations coverage for a rninimum of no less than three (3) years following the completion of the project 2. Coniractor's Liability Insurance under this Section which shall be om a per project basis covering the Contractor with minimum liznits 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 Lia.bility Inswrance policies shall grovide "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, rnaintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. CITY OF FORT WORTH STANDARD CITY CONDITION5— DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 DO7314-ii 5tandetti City Ca�d�Vons Of The Consfruca�on Conhaet For Developer Awexded PrajxEs Pa�e f I of35 IJ $1,0�(X1,Df}D ea�h accident on a c�oxnbined sin.gle limit basis. 5plit limits are accegta6Ee if limits are at lesst: lj ��S�,U(1D BodilY �.i�'Y P�' P�� 3} TSUD,QDQ Badily Injury per accident 1 4} S 1 D(1,�(1Q Property Dan�age D. Rai2road Protectiv�e Liahiliiy. If any nf the work or any warranty wark is within the liunits of railroad right-af way, the Cot�tractor sha�l compiy with the follawing requj��+ts: �. The Contractor's construction acti�ities will re�uire its emplayees, agents, su}�contractars, equigmem� ar�d rnaxerial deliveries w cross railmad properties and tra�ks owned and aperated l�y: NIA IUn�r dx iuuix �d �hc rndneid �nn�m {II iN�nr, +l�rn wn�c iHmel 2. The Contra�c#or shstl oonduct its ope�ativns orr rrailnaad prvperties in such a ma,nner as nat to interfere witlz, hinder, ar ohstruct the railrc�ad cvm�any in any ma�t�er whatsae�e�r in the erse or operatian af itslthe�r tra.i�s ar other property. Such aperations on ra.ilrvad properties may require that Cantraatar to execute a"Right af Enlry Agr�eenn�ni" with t}�e pazrictilar railroad campacay Qr �ompanics in�o��ecE, and to this end. t]ie Contracta� shvuld satisfy itself as #a the requirements of each railzaaui cafnpany end he preparcd tv execute the righl-0f-entry {if any} require.� t�y a raitroad campany. Ttte requirements specified herein likewise relate to the Cantractnr's �se uf priwate andlar oonstruction access roads crossing said railraad Gompany's gruperties. 3. Tlie Contractual Liability co�eiage required hy Paragraph 5.04D af #bie Gerseral Canditions shall provide coverage for not le�,s than the fvllawing amnur�ts, iss�xed by canxganies satisfactary tn tl�e City and ta the Railraad Cvmpany for a tenn that �on4nues fer so long as the Contractor's operatio�s and work cross, aocupy, ax tauch raitroad pmperty: a. Ge�crai Aggregxte: NIA I idrr I{irul� pnn pkrl hy Ra�imaJ i'�Kn�wny I II rKmc, wrue m�ri� � b. Each pccurxence; ; N!A 1.nirr Imut. �n�ti i�k•�I h� �;;�ili,�,Hl r�niyHny (lfexmr. wnlr natcl 4. With resspect ta the aho�e out�ecf insurance requirements, the following shall govern: a Where a singte railroad campany is in�al�ed, the Contractar shall pra�ide one in��r�r,� policy in Che name af thc raiiroad compa.ny. Hvwe�er, if more than nne grade s�paratitin or aE-grade crossing is affected by the Project at emti,rely separate locarians on th� lina or lines of the satne ra.ilroxd campany, separate co�erage may �e n�uir�cl, eacE� in the amount stated aho�e. b. Where mare than one railroad campany is operating an the same right-of way or where se�eral raiUaad campanies are in�al�ed and operated an their own separate righi�-of- CIT'Y OF F�RT WOR'FH STANT3ARD CITY CQNi]1TiON5 — DEV�LflPEft AWARDED PROJECTS Reviaed: 3anuary l0. 2413 ao �3 ia tz StandaM City Conditions Of The Constructio� Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of ea.ch railroad company. c. If, izi 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 sepazation 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 rrailroad 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 raikoad company's properiy 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 insutance must be approved by the City and each af%cted Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be calried until all Work to be performed on the raikoad 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 a11 maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the raikoad 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. T'here sha11 be no time credit for daqs 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 Contxactor in accordance with A.rticle 5 on the basis of non-confarmance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (oz other evidence requested). Gontractor 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 Contractar in writing of such failure prior to the start of the Work, or of such failure to mainta.in 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 CITl' OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised: Januazy 10, 2013 00 7310.13 Standard CRy Conditions Of The Construction Contract For Developer Awarded Projec�s 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 construcrion. B. At all times during the progress of the Work, Cont�raactor 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 Cont�rra.ctor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contra.ctor shall notify the City 24 hours prior to moving areas during the sequence of construction. SA2 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all tirnes 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, aIl Work at the Site shall be performed during Regular Working Hours. Contractor wi11 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). Wxitten request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request nr�ust be made by noon at least iwo (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 holida.y. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shalZ provide and assume fu11 responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facili�ies, temparary facilities, and all other faciliries and incidenta.ls necessary for the performance, Contractor required testing, start-up, and comple�ion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not sp�ified, shall be of good quality and new, except as otherwise provided in the Contract Dociunents. All special warra�nties and guazantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor sha11 fiunish satisfactory evidenee (including reports of required tests) as to the source, kind, and quality of materials and equipmen� CITY OF FORT WORTH STANDARD CIT'Y CONDITIONS — DEVELOPER AWARDED PROIECTS Revised: January 1 Q 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract Fw Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erecied, 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 sha11 submit to Ciiy 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 Conixact Time shall be subznitted 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 itern 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 tl�.e specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is pexrnitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. l. "Or-Equal " Items: If in City's sole discretion an item of matenial 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 S.OS.A.l, a proposed item of material or equipment will be considered functi�nally equal to an item so na.med 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 Praject as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certiiies that, if approved and incorporated into the Wark: 1) tbere will be no increase in cost to the City or increase in Contract Time; and C1TY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PR�IECTS Revised: January 10, 2013 00 93 10-15 Standard City Conditions Of The Co�strucGon Contract For Developer Awarded ProJects Page 15 of35 2) it will conform substan�ially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discrerion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph S.OS.A.1, it may be submitted as a proposed substitute it�m. b. Contractor shall submit sufficient infoxmation 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 Ol 25 00 and: 1) shall ceriify 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 ihat 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 (oz in the provisions of any other direct contract with City for other wark 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 paymen.t 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, manxtenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: danuary ]0, 2013 00 �3 �a i6 Standard Ciiy Conditions Of The Construction Contract For Developer Awarded Projects Page l6 of 35 4) sha11 contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such subsritute 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 fiunish or ntilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit suff'icient 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. Conixactor shall make written application to City for review in the same manner as those provided in Paragraph S.OS.A.2. C. City's Evaluat�on: City will be allowed a reasona.ble time , within which to evaluate each proposal or submittal made pursuant to Paragraphs S.OS.A and S.OS.B. City may require Coniractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substiiute 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 nnay require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemn� and hold harmless City and arryone dfrectly or indirectly employed by them from and against any and all claims, damages, losses and acpenses (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 S.OS.A.2 and S.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contt�actor'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 Concemrng Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliarece: CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Reviscd: lanuary 10, 2013 00 �3 ia i� Standard City CondiGons Of The Construction Contract For Developer Awarded Projec�s Page 1� of35 ❑ Required for this Contrac� (C'heck iliis box if thcm is any Ciry PaRicipation) � Not Required far 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 goa1, Contractor is required to compiy 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. Contxactor will not make additions, deletzons, 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 Cantractor 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 misrepresenta.tion may be grounds for disqualification of Contractor to bid on future contracts with the City for a geriod of not less than three years. B. Contractor shall be fully responsible to City for all acts and omnssions of the Subcontractors, Suppliers, and other individuals or entities perfomling or fuznishing 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, oz other individual or entity any contractual relatianship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shail crea.te any obiiga.tion 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 ather 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 Coniract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10-18 5tandard City Conditions Of The Construction Contract For Developer Awarded Projects Page l8 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. � � Not Required for this Contxact. A. Duly to pay Prevailing i3'age Rates. The Contractor shall comply with a11 requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the ra.tes determined by the City Council of the Ci#y 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 Viodation. 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 admuustzative 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 in:itial deternunation. Upon the City's deterniination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the fu11 amounts claimed by the claim.ant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtra.cted from successive progress payments pending a final determination of the violation. D. Arbitration Required � 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 Subcont�actor 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 tlay after the date that arbitration is required, a district court shall appoint an arbiirator on the petition of any of the persons. The City is not a pazty in the arbitraxion. The decision and award of the arbitrator is fmal 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 CONDITIONS— DEVELOPER AWARDED PROIECTS Revised: January i0, 2013 00 �s ia i9 Standard City Conditions Of The ConstnKtion Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the cvnsiruction 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 howrs for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With ea.ch progress payment or payroll period, whichever is less, the Contractor sha1l submit an aflidavit 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 ra.tes in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise requixe all of its Subcontractors to comply with Para.graphs A tl�rough G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shald indemn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and chat-ges 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 t-esulting from the incorporation in the Work of arry invention, design, process, product, or device not spec�ed in the Contract Documents. 5.10 Laws and Regulations A. Contra.ctor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otheiwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any La.ws or Regulations. B. If Contractor perfonms any Work knawing 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 lirnited to a11 fees and charges of engineers, architects, attorneys, and other professionals and a1I 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 Dra.wings are in accordance with Laws and Regulations, but this sha11 not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A: �imitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage vf materials and equupment, and the operations of workers to the Site and other areas pemutted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with constructian equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 �3 ia Za Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of35 other materials or equipment. Contractor sha11 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 wluch operations are in progress before work is commenced on any adciitional 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 atternpt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemn� and hold harmless City, from and against all claims, costs, losses, and damages aizsing out of or relating to any claim or action, degal or equitable, hrought by any such owner or occupant against City. B. Removal of Deb�is 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, zubbish, and other debris. Remaval 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 ta.ke such direct action as the City deerns appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by let�er or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Fina1 Acceptance until clean-up is complete and cost are recovez�ed. D. Final Site Cdeaning: 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 completian of tl�e Work Contractar 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 Struchtres: 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 properiy to stxesses or pressures that will endanger it. 5.12 Record Documents A. Contaactor 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 wzitten interpretations and clarifica.tions in good order and annotated to show changes made during construction. These record documents together with a11 approved C[TY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECf5 Revised:January 10,20[3 00�3 iaai Standard City Condidons 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 xesponsible for initiating, mainta.ining and supervitsing all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons ar property in the perfortnance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor sha11 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 properly at the Site or adjacent thereto, including irees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement i.n the course of construction. B. Contractor shall comply with all applica.ble Laws and Regulations relating to the safety of persons or properiy, or to the protection of persons or properiy from damage, injury, or loss; and shall erect and mainta.in all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Faci�ities 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 properly. C. Contractor shall comply with the applzca.ble requirements of Ciry'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 daxnage, injury, or loss to any properiy 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 representarive at the Site. CITY OF FORT WORTH SfANDARD CITl' CONDITIONS — DEVELOPER AWARDEI? PROJECTS Revised: January l0, 2013 00 �s ia 2z Standatd City Conditions Oi The Consfruction 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 canununication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Coniractor shall subnnit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. l. 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 otl�erwise 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 ac�ion rnay 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 cata.log 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: l. City will provide timely review of required Submittals in accordance with the Schedule of Submittals accepta.ble to Gity. 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 fixnctioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January l0, 2013 00 �s ia a� Sfiandard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of35 2. Citq'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 prograrns 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 Ol 33 00 and City has given written acceptance of each such variation by specific written nota.tion thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the reqnirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrauts 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, pariners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Conlractor's warranty and ,guarantee. B. Contractor's warraniy and guarantee hereunder excludes defects or damage ca.used by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individua.l or entity for whom Coniractor is responsible; or 2. normal wear aud tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Docurnents 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 Contra.ctor's obligation to perform the Work in accordance with the Contract Docwments: 1. observations by City; 2. recommendation or paymexzt 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 thereio by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submitta.l by City; 6. any inspection, test, oz approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DBVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 7310. 24 Standard City Conditions Of The Conshuctian ConUad For Developer Awarded ProJects Page 24 of35 7. any correction of defective Work by Gity. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or properiy resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contra.ctor 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, ar 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 EFFECTNE 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. ONIISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the Cifiy 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 a11 loss, damage or destruction of property of the City, arising out of, or alleged to arise out o� the work and services to be performed by the Contractor, its of�cers, agents, employees, subcontractors, licensees or invitees under this Contrac� THIS INDEMNII+ICATION PROVISION IS SPECIFICALLY INTENDED T4 OPERATE AND BE EFFECTIVE EVEN IF TT' IS ALLEGED OR PROYEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, Il'V WHOLE OR IN PART, BY ANY ACT,, ONIISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation ofProfessional 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 Docunnents, City will specify all performance and design criteria that such services rnust satisfy. Contractor shalt cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on a11 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 CONAITIONS — DfiVELOPER AWARDED PROlECTS Revised: January 10, 2013 00 �s ia zs Standard City Conditions Of The ConsUudion 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, certificaCions 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 calculafions and design drawings will be only for the limited purpose of checking for conformance with performance and design eriteria 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 fwads B. The Contractor agrees tha.t the City shall, until the expiration of three (3) years after finai payment under this Contra.ct, 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 Contrac� Contractor agrees that the City shall have access daring Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appzapriate work space in order to conduct audits in compliance with the pmvisions of this Paragraph. The City shall give Contractor reasonable advance no�ice 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, tha.t City shall have access during Regulaz Worki.ng 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 Subcontra.ctor 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 far the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Puhlic Transporta.tion Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Deparlment 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. C1TY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January l0, 2013 00 73 10- 26 Standard City Condifions Of The Construction Contract For Developer Awarded ProjecKs Page 26 of35 ARTICLE 6— OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is perforr�ung other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasona.ble opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Conttactor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise rnake its several parts come together and properly integrate with such other work. Contcactor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contra.ctor may cut or alter others' work with the written consenfi of City and the others whose work will be ai�ected. C. Tf the proper execution ar 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 na writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuita.ble 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 sha11 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 progra�ms 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 CONDITIUNS — DEVELOPER AWARDED PROJECTS Revised: January !0, 2013 00 �3 ia 2� Standard City Conditrons Ot The ConstrucHon Contract Fot Developer Avwarded Projects Page 27 of35 7.03 Compliance with Safery Program While at the 5ite, CiLy's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Para.gxaph 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 limita.tions of authority of City's representative during construction aze 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 qua.lity of the various aspects of Contractor's executed Work. Based on informatian 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 Fraject Representative will not be required to make exhaustive or continuous inspections on the Siie 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 observarions are subject to all the limitations on authority and zesponsibility in the Contract Documents. 8.02 Authorized Yariations 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 Contxact Documents or that will prejudice the iuntegrity of the design concept of the completed Project as a functioning whole as indicated by the Coniract Documents. City will have authoriry 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: Januazy 10, 2013 � �3 ia zs Standard City Condltions Of The Construction Contract For Deveioper Awarded Projeds Page 28 of35 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 fi.nal (except as modifed 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 withaut notice to any surety, City may, at any time or from time to time, arder Extra Work. Upon notice of such Extra Work, Contractor shall pmmptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specif�cally 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 Contra.ct Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notifzcation 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 Confractor's responsibility. The amount of each applicable bond will be adjusted by the Contxactor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE pF 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. 1 Q.02 Change of Contract Time A. Th.e Contxact Time may onty 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, axchitects, attomeys, and other professionals and all court or arbifiration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CI'FY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised:January I0,2013 00 �3 ia z� Standard Cit�r Cond'�ions Of The Construction Contract For Developer Awarded Projeds Page 29 of35 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 Contractar. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing labora.tories, 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 facilita.te required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction requixe any of the Work (or part thereo fl to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obta.ining such i.ndependent inspections, tests, retests or approvals, pay all costs in connection therewith, and fiunish City the required certifica.tes of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Departrnent of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arrauging and obtaini.ng and shall pay all costs in connection with any inspections, tests, re-tests, or appmvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment snbmitted for approval prior to Contractor's purchase thereof for incorpozation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organiza.tions approved by City. D. City may arrange for the services of an independent tesring laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any pa.rt 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 C[TY CONDTTTONS — DEVELOPER AWARDED PROJECTS Revised:7anuary 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. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concuxrence of City, Contractor shall, if requested by City, uncover such Work for observatzon. 11.04 Uncoverdng Work A. If any Work is covered contraty 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 suita.ble 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, ar any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly af�er 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 tlie Project and replace it with Work that is not defectave. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to a11 fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such 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 Wor�C. B. When correcting defective Work under the terrns of this Paragra.ph 11.06 or Paragraph 11A7, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11 A'7 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: ]anuary 10, 2013 oo�s ias� Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas ma.de avaitable for Contxactor's use by City or permitted by Laws and Regulations as cantemplated in Paragraph S.lO.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or azeas; 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. saxisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or azeas resulting therefrom. B. If Contractor does not pramptly comply with the terms of City's written instructions, or in an. emergency where delay would cause serious risk of loss or damage, City ma.y have the defective Work corrected or repaired or may have the rejected Work removed and replaced. AIl claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or other dispute resoluti,on costs) arising out of or relating to such correction or repair or such removal and replacement (including bnt not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and darnage ta 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 wamanty coverage be required. Contractor's obligatzons under this Para.graph 11.07 are in addition to any other obligation or warranty. The provisions of tbis 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, ar to remove and repiace 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 Conlractor 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 conective or remedial action, City may exclude Contractor from all or part of the Site, take possession of a11 or part of the Work and suspend Contxactor's services related thereto, and incorporate im the Work all materials and equipment incorporaxed in the Work, stored at the Site or far which City has paid Contractor but wluch are CITY OF FORT WORTH STANDARD CITY CONDITION5 — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10. 32 Standard City Conditions Of The ConstrucUon Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representarives, 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 clairns, 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 incorpora.ting 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 sha11 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 a.nd remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractar'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 sha11 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 identifed in the Contract Documents, or which City, deternunes constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contxactor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contra.ctor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Accepta.nce by City. 12.03 Finad 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 CONDITION5—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 00 7310. 33 Standard City Conditions Of The Construction Contrad For Developer Awarded Projects Page 33 of 35 1. within 10 days, City wiil schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulazs in which this inspection reveals that the Work is incamplete or defective. Coniractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Coniractor 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 followi.ng: 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 a.ny, to Final Acceptance; 3. a list nf all pendiug or released Damage Claims agaainst City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of a11 Lien rights arising out of or Liens filed in connection with the Work. a.fter aIl Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor grovides evidence that the Darnage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Fina1 Acceptance by the City shall not relieve the Contractor of any guarantees oz other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13AI 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 da.te 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. 5hould 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 Contra.ctor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CANDITIONS — DEVELOPER AWARDED PROJECTS Revised: lanuary 10, 2013 00 �s ia sa Standard City Conditions Of The Construction Contract For Devetoper AwaMed Pro)ects 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 ar� indefinite period, the Contractor shall store all materials in such a manner tbat they will not obstruct or impede the public unnecessarily nor become damaged in a.ny way, and he sha11 take every precaution to prevent damage or deterioration of the work perfonmed; he shall provide suita.ble drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if l. delivered in person to the individual or to a member of the firm or to an officer of the corporaxion for whozn it is intended; or 2. delivered at or sent by registered or certified mail, posta.ge 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 confumation of receipt by the receiving party. 14.U2 Computation of Times When any period of time is refened 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. fa11s on a Saturday or Sunday or on a day made a legal holida.y the next Working Day sha11 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 aze 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 pmvisions 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 AWARDBII PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard Cily Condi�ons Of The ConsUuction ConUact For Developer Awarded Projeds Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, waxxanties, 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 ternunation or complerion of the Contract or ternunation of tbe 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 PRO)ECTS Revised: January 10, 2013 oi�ioo-i AAP SUMMARY OF WORK Page 1 of 3 i 2 3 PART1- GENERAL SECTION Ol 1104 SUMMARY OF WORK 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 10 11 12 1.2 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 PRICE AND PAYMENT PROCEDURES t 3 A. Measurernent and Payment 14 2. Work associated with this Item is considered subsidiary to the various items bid. 15 No sepa.rate payment will be allowed for this Item. 16 1.3 REFERENCES (NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as deta.iled in the Drawings and Specifcations. B. Subsidiary Work 1. 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 far protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the pubiic 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. E! reasonable aanount of tools, materiais, and equipment for construction purposes znay be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTfLUCTION SPEC[FICATION DOCUMENTS — Developer Awarded Projects CITY PROJECT No: 103488 Revised December 20, 2012 o� ii o0-2 DAP SUMMARY OF WORK Page 2 of 3 i b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 l. Do not enter upon priva#e property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has 6een secured in wriring by the 13 Contractor and a copy furnished to the City. 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 34 31 32 33 34 35 36 37 38 39 40 41 3. Unless specifically provided otherwise, clear all rights-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 a11 water, sewer, and gas 1'znes, 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 lands 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 applica.ble to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in 1and 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 a11 fences encountered and removed during construction of the Project to the original or a better than original condirion. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the s'rte 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 MORNIIVGSTAR — SECTION 1Q, PHASE I STANDARD COI�ISTRUCTION SPECIFICATION DOCUMENI'S — Developer Awazded Projects CITY PROJECT No: 103488 Revised December 20, 2012 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 1 2.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED] 3 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 4 1.8 MAINTENANCE MA.TERTAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STOR.AGE, AND HANDLING [NOT USED] 7 1.11 F1ELD [STTE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NUT USED] 9 PART 2- PRODUCTS [NOT USED) 10 PART 3- EXECUT'ION [NOT USED] � 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE , C1TY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Devetoper Awazded Projects CITY PRpJECT No: 103488 Revised December 20, 2012 oi2soo-i SUBSTITUTION PROCEDURES Page 1 of4 2 3 PART1- GENERAL 4 1.1 SUNIlVIARY 5 6 7 8 9 10 11 12 13 14 15 SECTION 0125 00 SUBSTITUTION PROCEDURES A. Section Includes: 1. The procedure for reyuesting 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 af 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. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract l8 2. Division 1— Generat Requirements 19 1..2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADA�TISTRATIVE REQUIREMENTS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 specifed. 2. Certain types of equiprnent 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 conside�ration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined 6y City. 3. Other types of equipment and kinds of material may be 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 Coniractor; or, CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STAI3DARD CONSTRUCTION SPECIFICATiON DOCUMENTS CITY PRO]ECT NO.: 103488 Revised July 1, 2411 oi Zs oo -2 SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBNIITTALS 3 A. See Request for Substitution Porm (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 9 10 11 12 13 14 IS 16 17 1a 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance ofproposed substitution with Contract Documents 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 narne 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 rnarked 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 concenning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples hecome the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection I. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattenn 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 MORNING3TAR — SECT[ON 10, PHASE t STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 2011 O12500-3 SUBSTITUTION PROCEDURES Page 3 of 4 2 3 4 5 6 7 8 4. No additional contract time will be given for substitution. 5. Substitution will be rejected if a. Submittal is not through the Coniractor 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 9 1.6 ACTION SUSNIITTALS/INFORMATIONAL SUBMITTALS [1VOT USED] 10 1.7 CLOSEOUT SUBMITTALS (NOT USED] i i 1.8 MAINTENANCE MATERIAL SUSMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 14 15 16 1'7 1s 19 20 21 22 23 24 25 26 A. In making request for substitution or in using an approved product, the Contractor represents that the Contra.ctor: 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 sanne 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 ail respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USEDj 1.11 FIELD [SiTE] CONDITIONS [NOT USEDj 1.12 WARRANTY [NOT USED] 2� PART 2- PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 �i�] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASB 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 2011 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 t 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EX�IBIT A REQUEST FOR SUSSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified 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 Firtn Address Date Telephone For Use by City: Approved City _ Recommended _ Recommended _ Not recommended _Received late By Date Remarks Date CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revised July 1, 2011 Rejected MORNINGSTAR — SECTION 10, PHASE I CITY PROJECT NO.: t 03488 01 31 19 - 1 PRECONSTRUC7'ION MEETING Aage 1 of 3 1 2 3 PART 1- GENERA.L 4 1.1 SUMMARY SECTI�N 0131 19 PRECONSTRUCTION MEETING 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 11 12 13 1.2 14 15 16 17 1.3 C. Related Specification Sections include, but are not necessariIy limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payznent witl be allowed for this Item. REFERENCES [NOT USED] 18 1.4 ADNIINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contra.ctor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepaxe minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the Ciiy. 30 2. The Project Representa.tive will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplzer representatives whom the Contractor nnay desire 38 to invite or the City may request CITY OF FORT WORTH MORNINGSTAR— SECTION 20, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised August 17, 2012 Ol 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 ]8 l9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section O1 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Precanstruction Meeting. 5. 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 m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Noti�cation r. Legal Holidays s. Trench Safety Pians 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 Claiins bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff: Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Fina1 Payment jj. Questions or Comments C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 MORNINGSTAR — SECTION 10, PHASE i CITY PROJECT NO.: 103488 oi si i9-3 PRECONSTRUCTION MEETING Page 3 of 3 � 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUSMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOiTT SUBNIITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 5 i.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTIUN [NOT USEDj ]1 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OP CHANGE CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE i STANDARD CONSTRUCTION SPEC[FICATlON DOCUMENTS CITY PROIECT NO.: 103488 Revised August 17, 2012 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 013216 CONSTRUCTION PROGRESS SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 managerr►ent of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Wortli Standard Specification 11 1. Modified 1.2A.1 12 2. Added 1.2A.2 13 C. Related Specification Sections include, but are not necessari(y limited to: 14 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1— General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 18 19 20 21 22 1.3 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Measurernent and Payment 1. Unit Price - Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 2. Lumu Sum Price - Work associated with this Item is included in the tatal lump sum price. REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1- No schedule submittal required by contract. Small, brief duration projects b. Tier 2- No schedule submittai required by contract, but will require some rnilestone dates. Small, brief duration projects c. Tier 3- Schedule submittal required by contract as described in the Specification a.nd herein. Majority of Ciiy projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. L,arge and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governrnental entiiy e. Tier 5- Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with loi�g durations, high public visibility 1) Examples might include a water or wastewater treatment plant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS Revised July t, 2011 MORNINGSTAR — SECT[ON I0, PHASE i CITY PROIECT NO.: 103A88 0132 ib - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 2 as the baseline for measuring progress and departures from the schedule. 3 3. Progress Schedule - Monthly submittal of a progress schedule documenting 4 progress on the project and any changes anticipated. 5 4. Schedule Narrative - Concise narrative of the schedule including schedule 6 changes, expected delays, key schedule issues, critical path items, etc 7 B. Reference Standards 8 1. City of Fort Worth Schedule Guidance Document 9 1.4 ADNIIl�TISTRATIVE REQUIREMENTS 10 A. Baseline Schedule 11 1a 13 14 IS 16 1? 18 l9 20 21 22 23 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints reiated to the schedule. c. Designate an authorized representa.tive (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 24 3. Change Orders 25 a. Incorporate approved change orders, resalting in a change of contract time, in 26 the baseline Schedule in accordance with City of Fort W�rth Schedule 27 Guidance Document. 28 29 30 31 32 33 34 35 36 37 38 39 4Q 41 42 43 44 C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or a11 of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written sta.tement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline corapletion dates 3} Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, P}iASE 1 SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: ]03488 Revised luly l, 20I 1 013216-3 CONSTRUCTTON PROGRESS SCHEDULE Page 3 of 5 1 2. If no written statement of the steps intended to take is submitted when so.requested 2 by the City, the City may direct the Contractor to increase the level of effort in 3 manpower (trades), equipment and work schedule (overtime, weekend and holiday 4 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 5 to the critical path in the approved schedule. 6 a. No additional cost for such work will be considered. 9 10 11 12 l3 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deenn necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the e�ension. a) Such data. shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Subrnit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this, Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical di�culties, strikes� unavoidable delays on the part of ihe City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. bj Available float tinne in the Baseline schedule may be used by the City as well as by the Contractor. 3. Flaat or siack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. CITY OF FpRT WORTH STANDARD CONSTRUCTION MQRN[NGSTAR — SECTION 10, PHASE 1 SPECIFICATION DOCUMENTS — WATER FACTLITY PR0IECTS CITY PROJECT NO.: ]03488 Revised July 1, 2011 013216-4 CONSTRUCTION PROGRESS SCHEDIJLE Page 4 of 5 1 2 3 4 5 6 7 8 4 10 11 12 13 14 IS 16 17 18 l9 20 21 a. Float or slack time is not for the exclusive use or benefit af either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time accarding to the needs of the project. c. Acknowtedge and agree that actual delays, affecting paths of activities containing float time, wiil not have any effect upon contract coznpletion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Coniract Schedules 1. Where work is ta be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the Gity for the preparation and updaxing of Baseline scheduIe and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the seyuence of work necessary to expedite the completion of the entire Project. a. in such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for clairns for additional compensation. 22 1.5 SUBMITT,ALS 23 24 25 26 27 28 29 A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as requrred in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. 30 B. Progress Schedule 31 1. Submit progress 5chedule in native file format and pdf format as required in the 32 City of Fort Worth Schedule Guidance Document. 33 2. Submit progress Schedule monthly no later than the last day of the month. 34 C. Schedule Narrative 35 l. Sabmit the schedule narrative in pdf format as required in the City of Fort Worth 36 Schedule Guidance Document. 37 2. Submit schedule narrative monthly no later than the last day of the month. 38 D. SubmittaI Process 39 1. The City administers and manages scheduIes through Buzzsaw. 40 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 41 Guidance Document. 42 3. Once the project has been completed and Final Acceptance has been issued by ihe 43 City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PFIASE 1 SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PR0IECT NO.: 103488 Revised 7uly 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l.b ACTION SUBMITTALSlINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 1.8 MAII�TTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule sha11 be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submitta.ls in this sectian meeting the standard of care for the construction industry for similar projects. 1.10 DELTVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS (NOT USEDj 1.12 WARRANTY [NOT U5ED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1$ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAT[ON AOCUMENTS — WATER FACILITY PROJECTS Revised July 1, 20I 1 MORNINGSTAR — SECTION 10, PHASE 1 CITY AROJECT td0.: 103488 013233-1 PRECONSTRUCTION VIDEO Page t of 2 1 2 3 PART1- GENERAL 4 1.1 SUlVIMARY 5 6 7 8 9 10 11 12 13 1.2 14 15 16 17 13 18 1.4 19 20 21 22 23 24 25 1.5 SECTION 0132 33 PRECONSTRUCTION VIDEO A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification l. None. C. Related Specification Sections include, but are ilot necessazily limited to: 1. Division 0— Bidding Requirements, Contract Forms aud Conditions of the Contract 2. Division 1— General Requirements 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 aliowed for this Item. REFERENCES [NOT USEDj ADMINISTRATIVE REQUIItEMENTS 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 preconstrucrion video until the end of the maintenance surety period. SUSNIITTALS [NOT USED] 26 1.6 ACTTON SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED] 27 28 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 1.8 MA.INTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSLTRANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITEj CONDITIONS [NOT USED] 32 33 1.12 WARR ANTY (NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORT'H MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised 3uly 1, 2QI1 ' 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3- EXECUTION [NOT USED] ' 2 END OF SECTION 3 4 Revision Log DATE NAME SUMMARY OP CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 i STANDARD CONSTRUCTION SPECIFICATION DQCUMENTS CITY PROJECT NO.: 103488 Revised 3uly 1, 201I 0133 00 -1 SUBMITTALS Page 1 of 8 1 2 3 PART1- GENERAL ��au_Iu-= � -� 5 6 7 8 9 l0 11 12 l3 SECTION 0133 00 SUBMITTALS A. Section Includes: 1. 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 l. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contra.ct 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is cansidered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 A,DMINISTR.A,TIVE REQUII2EMENTS 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. Prepaze, 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 snch that the installation will not be delayed by processing times including, but nat limited to: a) Disapproval and resubmitta! (if required) b) Coordination with other submitta.is c) Testing d) Purchasing e) Fabrication � Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submitta.ls sufficiently in advance ofthe Work. C1TY OF FORT WORTH MORNIAIGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUC'i'ION SPECIFICATION DOCUMENTS C[TY PRO)ECT NO.: 103488 Revised December 20, 2012 013300-2 SUBMITTALS Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1. When subrnitting 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 41-99 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 sarne drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal nurr►ber 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 dra.wing C. Contractor Certification 1. 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 six�nilar data d. Conformance with the Contract Documents 2. 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 subnnitta( reviewer c. Certiftcation 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 ha�e checked and coordinated each item with other applicable approved shop drawings." D. Submitta.l Format 1. Fold shop drawings larger than 8'/Z 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 Certi�cation 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 a�ry previous submissions CITY OF FORT WORTH STA,NDARD CONSTRUCTION SPECIFiCATION DOCUMENTS Revised December 2Q 2012 MORNINGSTAR — SECTION I0, PHASE I CITY PROJECT NO.: ] 03488 Ol 33 00 - 3 SUBMITTALS Page 3 of 8 1 2 3 4 5 6 7 8 9 10 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 P��'aPhis) 6. Field dimensions, c3early identified as such 7. Relation to adjacent or cri#ical features of the Work or materials ] 1 S. Applicable standazds, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch btank space for Contractor and City stamps IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily lirnited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled infozmation c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. IndividuaI system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. 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 feld measurements 1) Provide such measurements and nate on the drawings prior to submitting for approval. G. Product Data 1. For submitta.ls of product data for products included on the City's Standard Product List, cleaxly 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 C[TY OF FORT WORTH MORNINGSTAR— SECTION (0, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised December 20, 2012 0133 00 - 4 SUBMITTALS Page 4 of 8 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 rs 14 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 43 44 45 46 47 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 1. As spec'rfied in individual Sections, include, but are not necessarily limited to: a. Physical elcamples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or conta.iners of materiais 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 ar 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 confonnance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1 � Electronic Distxibution a. Confirm development of Project directory for electxonic submittals to be uploaded to City's Buzzsaw site, or another extemal FTP siie approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representaxives 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 snbmit 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 submiital posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised I3ecember 20, 2012 MORNINGSTAR — SECTION ] 0, PHASE I CITY PROJECT NO.: 103488 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Dra.wings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submiltals 5 b} 7 copies for all other submitta.ls 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor sha11 submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representa.tive 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute repraductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 22 23 24 25 26 27 zs 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 K. Submittal Review 1. The review of shop drawings, data. and samples will be for generai 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 matenials c. Approving departures frorn 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 fulfiliment 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 dra.wings, data or samples as submitted describe variations and shnw 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 fallowing codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or cornments on the subrnittal. a} When returned under this code the Contractor may reIease the equipment and/or material for manufacture. b. Code 2 C1TY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised December 20, 2012 O13300-6 SUBMITTALS Page 6 of 8 1 2 3 4 5 6 7 S 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 C 7. 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 incorporaxed 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 equipznent or material for manufacture; however, ail 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 conforrr►ance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 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. c. 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. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City io 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. 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MORNTNGSTAR — SECTION 10, PHASE 1 CITY PROJECT NO.: 10348$ 41 33 00 - 7 SUBMITTALS Page 7 of 8 1 2 3 4 5 � 10 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. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessaxily 8 lunited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. ]2 Certification for ea.ch item required. 13 14 15 16 1� 18 l9 20 21 22 23 24 25 26 27 28 29 N. Request for Information (RFI) 1. Contractor Request for additiona) 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 "RFI" followed by series number, "-xxx", beginning with "01" and increasing sequentially with each addirional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. 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. 30 1.5 SUSNIITTALS [NOT USED] 31 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUSNIITTALS [NOT USED] 32 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 33 1.8 MAINTENANCE MATERTAL SUBMITTALS [NOT USEDj 34 1.9 QUALITY ASSURANCE [NOT USEDJ 35 1.10 DELIVERY, STORA.GE, AND HANDLING [NOT USED] 36 37 1.11 FIELD [SITE] CONDITIUNS [NOT USED] 1.12 WARRAN'I'Y [NOT USED] CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised December 20, 2012 013300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION (NOT USED] 3 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. 7ohnson 1.4.K8. Working Days modified to Calendar Days 5 CITY OF FORT WQRTH MORNINGSTAR — SHCTION 10, PHASE i STANDARD CONSTRUCTION SPECIFiCAT10N DOCUMENTS CITY PR0J6CT NO.: 103488 Revised December 20, 2012 U13513-1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 2 3 PART1- GENERAL 4 1.1 SUNIlVIARY 5 A. Section Includes: 6 7 8 9 10 1r 12 13 14 15 16 17 18 19 20 SECTION 013513 SPECIAL PROJECT PROCEDURES 1. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Deparizrcent of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United Sta.tes Army Corps of Engineers i. Coordination within Railroad permits azeas j. Dust Control k. Employee Parking B. Devia.tions from this City of Fort Worth Standard Specification l. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0— Bidding Requirements, Corztract Forms and Conditions of the Contract 23 2. Division 1— General Requirements 24 3. Section 33 12 25 — Connection to Existing Water Mains 25 26 1.2 REFERENCES 27 A. Reference Standacds 28 29 30 31 32 33 34 1. Reference standards cited in this Specification refer to the current reference standazd published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction Specification 35 I.3 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 3? 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 a. Notify the Texas Department of Transportation prior to commencing any work 40 therein in accordance with the provisions of the permit CITY OF FORT WORTH MORNINGSTAR — SECTIOAI 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised August, 3U, 2013 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 b. Atl work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Volta.ge Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the sa.fety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shali be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power connpany 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high volta.ge line before the above requirements have been met. C. Confined Space Entry Program 1_ Provide and follow approved Confined Space Entry Prograrn in accordance with OSHA requirements. 2. Confned Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA.'s Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24-hour public notification in accordance with Section O1 31 13 4] E. Water Department Coordination 42 1. During the construction of this project, it will be necessary to deactivate, for a 43 period of time, existing lines. The Contractor shall be required to coordinate with 44 the Water Department to determine the best times for deactivating and activating 45 those lines. CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTtON SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C1TY PROJECT NO.: 103488 Revised August, 30, 2013 O13513-3 DAP SPECIAL PROJECT PROCEDURES Aage 3 of 7 1 2 3 4 9 1Q 11 12 13 i4 15 2. Coordinate any event that will require connecting to or the operation of an existing City water tine system with the City's representa.tive. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the constxuction of the project is required, coordinate this activity through the appropriate City representa.tive. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischie fl and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume ali liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction l6 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead a.nd include the following 23 information: 24 a} Name of Project 25 b) City Froject No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 fl Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the conslruction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 39 40 41 42 43 44 45 46 47 48 G. PubIic Notification of Temporary Water Service Interruptian during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number CITY OF FORT WORTH MORNINGSTAR— SEC'TION 10, PHASE 1 STANDARD CONSTRUCI'ION SPECtFICATION DOCUMENTS — DEVELOPER AWARDED PR07ECTS CITY PR03ECT NO.: 103488 Revised August, 30, 2013 013513-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 c. d. e. f. 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number A sample of the temporary water service interruption notification is attached as Exhibit B. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. Electronic versions of the sample flyers can be abtained from the Project Construction Inspector. 13 H. Coordination with United States Army Corps of Engineers (USACE) 14 1. At locations in the Project where construction activities occur in areas where 15 USACE pennits are required, meet all requirements set forth in each designated l 6 permit. 17 18 19 20 2i 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 I. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b_ Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and properly of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the penmit guidelines. 2. Obtain any supplementa.] information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH MORNINGSTAR—SECTtON 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO._ 103488 Revised August, 30, 2013 013513-5 DAP SPECIAL PRO]ECT PROCEDURES Page S of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBNIITTALS/II�tF'ORMATIONAL SUBMITTALS [NOT USEDJ 3 1.6 CLOSEOUT SUBNIITTALS [NOT USED] 4 1.7 MA.INTENANCE MATERIAL SUSMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USEDJ 6 1.9 DELIVERY, STOR,AGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USEDJ 8 1.11 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USEDj 10 PART 3- EXECUTiON [NOT USED] � 22 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.3.B — Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Pubiic Safety, Chapter 752. High VoItage Overhead Lines. 13 CITY OF FORT WORTH MORhIINGSTAR — SECTION 10, PHASE i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103488 Revised August, 30, 2013 U13513-5 DAP SPECIAL PROJEC'T PRflCEDURES Page S of 7 2 3 4 5 6 7 8 9 ld 11 I2 13 I4 15 1G 17 18 ]9 2U 21 z� 23 24 25 26 27 28 29 30 31 32 33 3h 35 36 37 E��IT A �To be printed an Cvn#rac�far's Letterheadj Date: CPN No.: Project Name: Mapsco Lncatian: Limits of Cat�structior�: � THES 15 TO INF�RM YOLJ THAT liN�ER A CONTRACT WITH THE CITY �F F�RT WDRTH, DUR COMPANY WILL W�RK 4N UTI�iTY �fNES nN ❑R ARflUNO YQl1R PR�PERTY. C�N5TR[]CTlON WiLL BEGfN APPRQXIMAi'ELY SEVEN DAYS �ROM THE dATE QF THIS N�TICE. IF YDIJ HAV� [�L1E5TIaNS A6�LJT ACCE55, SECURITY, SAFETY �R ANY DTHER ISSUE, PLEASE CALL: Mr. �CQNTRACTOR'S SUPERINT�NE}EI�T� AT C�ELEPHONE NQ.� �� Mr. �crrY irrs��crvaa A7' r r��.�p►�aN� Ha.� AFT�R 4:30 PM ❑R ON W�EKENDS, PLEASE CALL �817j 392 8346 PZEASE �CEEP THlS FLY�R NANDY WHFN YOU CRLL CITY QF FDRT WQBTFI MQIiI+IINGSTAR—SECTIQN 1D, PHASE 1 5TANDAHD CONSTRi1CTi4N SPECIFiCATIQN []pCUi�+fENTS — I}EVEL�AEIt AWAR�Ep ARRIECTS C1TY PR�]EC1' HFO.: ] D3488 Rs�istd August, 30, 2U13 Oi3513-7 DAP SPECIAL P120JHCT PROCEDURES Page 7 of 7 1 2 �:il: : oRT wo�.rx, � no� xa xxax �1� � l�It�TICE OF TEMPORARY WATFI� SERVICE II�ItI•'Rl�tiPTi01� BUE TO UT[L1TY IMPROVEMENT'S IN YUi1R NEIGHBORHOOD, YOUR WATER SERVICL WTLL BE INTERRiFPTED ON BETWEEN'THE liOURS OF AND IFYOU HAVE QiJE5TIONS t#BOUT THIS SHUT-0UT, PLEASE CALL: lyg, AT (CONTRACTORS SUPERIlHTENDEN7) (TELEPHONE NIIMBER) OR Mg, AT (CITY INSPECTOR) (TELEPHONE PiUMBER) TiiIB INCONVENYENCE WILL BE AS 5HORT A3 POSSIBLE. TSANK YOU, .CONTRACTOR 3 4 CITY OF FORT WORTH MORNINGSTAR — SECTION I0, PHRSE 1 STANDARD CONSTRUCTiON SPECIFICATiON DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PR03ECT NO.: ]03488 Revised August, 30, 2013 orasa3-i TESTING AND INSPECTION SERVICES Page i of2 1 2 3 PART1- GENERAL SECTION Ol 45 23 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 10 I1 12 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 1.3 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 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. 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) FinaI acceptance will not be issued by City until all required paymenis for testing by Contractor have been paid in full. REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 A. Testing 1. Complete testing in accordance with the Contract Dacuments. 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 City's Buzzsaw site, or another externat FTP site approved by tlte City. CiTY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 2011 oiasz3-a TESTING AND INSPECTION SERVICES Page 2 of 2 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 2) Upload test reports to designated project directory and notify appropriate City representa.tives 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 Representa.tive 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 15 B. Inspection 16 l. Inspection or lack of inspection does not relieve the Gontractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED) 19 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITT.ALS [NOT USED] 20 1.7 CLOSEOUT SUSNIITTALS [NOT USED] 21 1.8 M.A.INTENANCE MATERIAL SUBNIITTALS (NOT USED] 22 19 QUALITY ASSURA.NCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USEDj 24 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USEDj 26 PART 2- PRODUCTS [NOT USED] 27 28 29 PART 3 - EXECUTI�N [NOT USEDj END OF SECTION Revision Log DATE NAME SUMMARY �F CHANGE 30 C1TY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised luly 1, 2011 ois000-i TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 2 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SITMMARY 5 6 7 8 9 10 1� 12 13 14 15 16 17 18 19 20 1.2 21 22 23 24 25 26 1.3 A. Section Includes: 1. Provide temporary facilities and conlrols needed for tUe Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification l. Modified 1.2.A.1 2. Added 1.2.A.2 3. Added 1.4.C.7 C. Related Specification Sections include, but aze not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements PRICE AND PAYMENT PROCEDURES A. Measurernent and Payment 1. Unit Price - Work associated with this Item is considared subsidiary to the various items bid. No separate payment will be allowed for this Item. 2. Lump Sum Price - Work associated with this Item is inciuded in the total tump sum price. REFERENCES [NOT USED] 27 1.4 ADNIINISTRATIVE REQUIREMENTS 28 29 30 31 32 33 34 35 36 37 A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service coinpanies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) lncluded are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE 1 SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PRQJECT NO.: ] 03488 Revised luiy 1, 2011 oi s000-a TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 a. Contractor to provide water required for and in connection with Work to be 2 performed and for specified tests of piping, equipment, devices or other use as 3 required for the completion of the Work. 4 b. Provide and maintain adequate supply of potable water for domestic 5 consumption by Contractor personnel and City's Project Representatives. 6 c. Coordination 7 1) Contact City 1 week before water for construction is desired 8 d. Contractor Payment for Construction Water 9 1) Obtain construction water meter from City for payment as bilied by City's 10 established rates. 11 12 13 14 ]5 16 17 I8 19 20 z1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4. 5 Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others perfarming work or furnishing services at Site. Ternporary Heat and VentiIation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Pacilities I. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by consiruction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or heatth problem_ d. Haul sewage and waste off-site at no less than weekIy intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities nea.r Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Praject C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground Ievel for materials and equipment susceptible to weather damage. 2. Storage of rnaterials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderfy manner. a. Place materials a.nd equipnnent to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments accepta.bte to specified rnanufacturers. CIT'Y OF FOTZT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE 1 SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 103488 Etevised July I, 2011 O15000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 I7 18 19 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. 7. A field office is required for this proiect. D. Temporary Pencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Conirol 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMTI'TALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED) 20 1.9 QUALITY ASSURANCE [NOT USED] 21 1.10 DELIVERY, STORAGE, AND H.ANDLING (NOT USED] 22 1.11 FIELD [STTE] CONDITIONS [NOT USED] 23 1.12 WARRANTY [NOT USED] 24 PART 2- PRODUCTS [NOT USED] 25 P.A.RT 3- EXECUTION (NOT USED] 26 3.1 INSTALLERS [NOT USED] 27 3.2 EXA.MINATION [NOT USED] 28 3.3 PREPARATION [NOT USEDj 29 3.4 INSTALLATION 30 A. Temporary Facilities 31 1. Maintain all temporary facilities for duration of construction activities as needed. C1TY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE I SPECIFICATiON DOCUMENTS — WATER FACILITY PROJECTS CITY PRO]ECT NO.: 103488 Revised July 1, 2011 O15000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORA.TION] 2 3.6 RE-INSTALLATION 3 3.'7 FIELD (oxl SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work, to a 10 condition equal ta or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED) 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 IS END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 16 CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE 1 SPECIFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 103488 Revised Ju(y 1, 2011 O15526-1 STREET U5E PERMIT AND M01}TPTCATCDP+i5 T4 T�i.4FFIC CONT�ipL Page 1 of3 l 2 SECT�ON f1i 55 �G STREET!]SE FERMIT AND IVI�DIFICATI�NS T� TR.AFFIC C�NTR�L 3 �ART1- GENERAL 4 1.1 S[111�IllZARIr 5 A. Section TncIudes: 6 l. Adminisirativs procedures fvr: 7 a. Screet Use Permit 8 b. Modifir,ation of appro�ed #raffic contral 9 a. Rema�al af Street Signs 1D B. Deviations irorr� this City of Fart Warth Standard Specification 1 ] I . None. 12 C. Retatsd Specification 5e�tions include, hut are not necessarily limited to: 13 1. Di�ision U— Bidding Requirements, Cantract Fvrms and Conditions of the Contract 14 2. ❑i►+ision 1— General Requirements 15 3. Section 34 71 l3 — Traffic Control 1 b 1.2 PRICE AND PAYMENT �ROCEDURES 17 A. Measurement and Fayment 18 1. Wor{c associated with this Itern is considered suhsidiary to the �arious Items bid. 19 No separate payment will Ue allowed for this [tem. 20 1.3 REFERENCES 21 A. Relference 5tandards 22 l. Reference stasidards cited in this specification re#'er to the current referen�e standard 23 published at the time oFthe latest re�ision date logged at t�e end of this 24 specification, unless a date is spaci�ca�ly cited. �5 2. Texas Manual on Uniform Traffic Control l7e�ices {TMLITCD}. 2b 1.4 ADMINISTRATIVE REQllIREMENTS 27 28 29 30 3i 32 33 34 35 3s 37 38 A. Tra�c Cantrol 1. General a. Wiien traffic contral plar►s are inclucied in the �rawings, pm�ide Traf�ic Controi in acoordance with I3rawsngs and Section 34 7] 13. h. When traffic cantxoi plans are nat inoiuded in the �)rawings, prepare traffic contral plans in accardance with Sectian 34 71 i 3 and su6mit to City for review. 1) Aliow minimu�n 10 working days for rc�iew of proposed Traffc Contral. B. Street Use Permit 1. Priar to installation of Traffic Control, a City Stree# LJse Permit is required. a_ Ta �htain Street Use Permit, suhmit Traffic Control Plans to City Transportatian and Public Warks Qepartment C1TY OF �bRT WOHTH 114QRNINGSTAR—SECTiON t4, PHASE 1 STANDARD CO�ISTRUCT[pN SPECIF1CATl4N DDCUh4ETETS �1TY P1tOIEC'f Np.: 103488 Revised luiy 3, 2011 O1 55 26 -2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Tr�c Control plans for Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Tra�c Control 5 1. Prior to installation tra�c control: 6 a. Submit revised traffic control plans to City Department Transportaxion and 7 Public Works Department. 8 1) Revise Tr�c Control plans in accordance with Saction 34 71 ]3. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Tr�c Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 ]. Tf it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to l 5 remove the sign. 16 17 rs 19 20 21 22 23 24 25 E. Temporary Signage I. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual an Uniform Traffcc Control Devices (MUTCD). 2. Install temporary sign before the removal of penmanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinsta.11ed, contaet the City Transportation and Public Works Department, Signs and Mazkings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Tr�c Control Standards can be found on the Ciiy's Buzzsaw website. 26 1.5 SUSMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/Il�'ORMATIONAL SUBNIITTALS [NOT USED] 28 1.7 CLOSEOUT SUSNIITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMTTTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 32 33 34 1.10 DELIVERY, STORAGE, AND HA,NDLING [NOT USED] 1.11 FIELD [SITE] CONDTTIONS [NOT USED] 1.12 W A.RRA,NTY [NOT USED] PART 2 - PRUDUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USEDJ 36 END OF SECTION CITY OF FORT WORTH MORNINGSTAR— SECTION (0, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July I, 2�11 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL' Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH MORNINGSTAR—SECTION 10, PHASE i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJ�CT NO.: 103488 Revised July 1, 2011 015713-1 STORM WATER POLLUTTON PREVENTION Page 1 of3 1 2 SECTION 015713 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification l. 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 31 25 00 — Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES I4 15 16 17 18 19 A. Mea.surement and Payment 1. Construction Acrivities resutting 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 Itezn. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NUT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specificaxion refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifcally cited. 3 t 2. Integrated Storm Management (iSWM} Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATNE REQUIItEMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE t STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS CITY PRO]ECT NO.: 103488 Revised 7uly 1, 201 t 01 57 13 - 2 STORM WATER POLLUTION PREVENTIOTt Page 2 of 3 B. Construction Activities resulting in: 2 3 4 5 6 7 8 9 10 11 l2 13 14 IS 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2. 3 Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 1 to less than 5 acres of disturbance 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 TXR 150000 a) Sign and post at job site b) Prior to Preconstruction 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 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 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 TCBQ 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 accorciance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e} TCEQ requirements 4) Once the project has been completed and 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. 40 1.5 SUBNIITTALS 4i 42 43 44 45 46 47 I�.�+'' � 1. Submit in accordance with Section O1 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the Ciiy as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forwazd to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTI013 SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 20I 1 41 57 I3 - 3 STOR3V1 WATER POLLUTCON PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section O1 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBNIITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUSMYTTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FiELD [SITE) CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED) 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 l4 END �F SECTION Revision Log DATE NAME SUMMARY OF CHANGE IS CITY OF FORT WORTH MORN[NGSTAR — SECTION 10, PHASE 1 � STANDARD CONSTRUCTION SPECIFICATION DOCL3MENTS CITY PROJECT NO.: 103488 � Revised July 1, 2011 � Ol b0 00 -1 PRODUCT REQUIREMENTS Page 1 of2 1 2 3 PART1- GENERAL 4 1.1 SUIVIMARY SECTION 0160 00 PRODUCT REQUIREMENTS 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of For� Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADNIINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Sta.nda.rd Praduct List in these Contract ] 8 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved far use, including but not limited to, that 2'7 manufacturer's standard product. 28 E. See Section O1 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/1NFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBNIITTALS [NOT USED} 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALTTY ASSURANCE [NOT USED] CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 j STANDARD CONSTRUCTION SPECIFlCATION DOCUMENTS CITY AROJECT NO. 103488 , Revised December 20, 2012 Ol 60 00 - 2 PRODUCT REQUIREMENTS Page 2 of 2 I 1.10 DELIVERY, STORAGE, AND HANDLTNG [NOT USED] 2 1.11 FIELD [STTE] CONDITIONS [NOT USED] 3 1.12 WA►RRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE I O/I2/12 D. Johnson Modified Location of City's Standazd Product List C1TY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTtON SPECIFICATION DOCUMENTS CITY PROJECT NO. 103488 Revised December 20, 2012 Ol 66 00 -1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 2 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1- GENERA.L 4 1.1 SUMMARY 5 6 7 8 9 10 11 ]2 13 14 15 16 17 18 19 20 2l 22 23 24 25 A. Section Includes: l. 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 l. 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 SUBMITTAL5 [NOT USED] 1.6 ACTiON SUSNIITTALS/INFORMATIONAL SUSMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to a11ow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. C1TX OF PORT WQRTH MORNINGSTAR — SECTION 10, PHASE I STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July i, 2011 01 66 0� - 2 PRODUCT STORAGE AND HANDLTNG REQUIREMENTS Page 2 of 4 2 3 8 9 10 11 12 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifica.tions. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all tirnes to a11 parts of Work and to utility service company installations in 17 vicinity of Work. 18 3_ Keep materials and equipment neatly and compactly stored in locations that will 19 cause minirnum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Anange storage to provide easy access for inspection. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4. Deliver products or equipment in manufacturer's original unbroken cartons or other conta.iners designed and constructed to protect the contents from physical or envnronmental 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 equiprnent in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 7. 8. 9. 10. 4. Restrict storrage to areas available on construction site for storage of material and equipment as shown on Dra.wings, or approved by City's Project Representative. 5. Provide off-site storage and protection when on-site storage is not adeyuate. 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. Store in manufacturers' unopened containers. 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 teast 3 feet from ftre hydrant. Keep public and private driveways and street crossings open. Repair or replace damaged lawns, sidewallcs, streets or other improvements to satisfaction of City's Project Representative. a. Total leng,th which materials may be distributed along route of conshvction at one time is 1,0001inear feet, unless otherwise approved in writing by City's Project Representative. CTfY OF FORT WORTH MORNiNGSTAR — SECTION 10, PHASE I STANDARD CONSTRUCTION SPECiFICAT[ON DOCUMENTS CITY PROJECT NO.: 103488 Revised Iuly 1, 2011 O1 G600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WA.RRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3.1 INSTALLERS (NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 R,EPAIl2 / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NUT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Cot�forming 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 ACTTVTTIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical daanage to items whrle in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USEDj 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTFI MORNINGSTAR — SECTION 1a, PHASE 1 STANDARD CONSTRUCTION SFECIFICATION DOCUMENTS CITX AROJECT NO.: 103488 Aevised July !, 2011 O16600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMA.RY OF CHANGE CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS CITY PROJECT NO.: 303488 Revised July 1, 2011 01 70 00 - I MOBILiZATION AND 2EMOBILIZATiO1J Page 1 of 6 �a 3 PART1- GENERAL SECTION Ol 70 00 MOBILIZATION AND REMOBILIZATION 4 1.1 SUMMARY 5 A. Section Includes: 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 1 2. 3. Mobilization and Demobilization a. Mobilization 1) Transportation of Con#ractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary generat facilities for the Contractor's operation at the Site 3) Premiunns paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Conteactor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facitities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other faciIities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJ&CT No.: I03488 Revised November 22, 2016 01 70 00 - 2 MOBTLIZATION AND REMOBILIZATION Page 2 of 6 9 10 li 12 13 14 15 16 17 18 19 20 21 22 23 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Esta.blishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of atl buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilizaxion occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specifcation Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contrack 2. Division 1— General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment [Consult City DepartmendDivision for direction on if 26 Mobiliza.tion pay item to be included or the item should be subsidiary. Include the 27 appropriate Section 1.2 A. l.] 28 1. Mobiliza.tion and Demobilization 29 a. Measure 30 1) This Ttem is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 OR 36 1. Mobiliza#ion and Demobilization 37 a. Measure 38 1) This Item will be measured by the lump sum or each as the work 39 progresses. Mobiliza.tion is calcutated on the base bid only and will not be 40 paid for separately on any additive alternate items added to the Contract. 41 2) Demobiliza.tion shall be considered subsidiary to the various bid items. 42 b. Payment 43 1) For this Item, the adjusted Contract amount will be calculated as the total 44 Contract amount less the lump sum for mobilization. Mobilization shall be 45 made in partial payments as follows: CITY OF FORT WORTH MORNINGSTAR — SECT(ON 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 103488 Revised November 22, 2016 D17DOQ-3 MOSILIZATI�I�i AND REMOBILIZATION Page 3 af 6 1 a} Wi�en �% of the adjusted Contract aznount fnr cnnstruction ltems is 2 earned, 58°/Q of the mobilization lump sutn bid or � 1�„t , i �� ,,,,,,,,,+��+r 3 � �r1� �� 1� % of #he total Cantract amount, whi�t�e�er is less, will be paid. 4 b) When 5°/a afthe adjust�d Cantract amvunt for construction Tterns is 5 earned. 75% of the mvbiiizatian lur�p sum bid or � 1�, �� +� ��,� ��r� i t riilr+++� 6 � �Ih ��+ �� !/% af the #ota] Cantract arx�ount, whiche�er is iess, will be �aid. 7 Pre►+ious payments under the Item will be deducied frpm this amoun#. 8 �) When 1 d% of the adjusted Contract amvunt far constructio� T#ems is 9 earned. I��% of the mobilixat�an lump sum bid or � lrr�ri � �1�� „r� � s ��,ir,��i 10 , rrr� � �� 1�°/0 of the total Contract amvunt, whiche�er is Iess, will ix paid. 1 t Pre�ious payments under the item will be deducted from this amount. 12 d}A bid containiQ� x total for "Mabili�tioa" in excess of �1►r►�•r� 13 �r�r��i��u�„ r�N�rH•�•JJ % of toial �ont�ei shall be eousidered un6�laneed 14 aad a rause for considera�on of rejection. 15 e} The Lump Sum bid For "MobilixAtion --- P��ing/.[lrainage" shall NUT i 6 include a�y cost or sum tar mabilix$tia�a items asaociated with 17 waterlsewer iteans. Thc�e custs shall be included in t�e �ariaas 18 waterlsewer bir� Items. Ofherwise the hid Items shall be cansidered 14 unbaianeed and a eanse far cansidet�tion of rejectino. 2fl i} The Lump Suin hid for uMobilizatioa — Pa�ing" shall NUT ioclude 2i any cnst or som for mabili;cution itema a�cis�fe�d with drain�.ge iterns. 2z Those ca�ts skrall be ineluded in the "Mobilixatinn — Drain$ge" Lum� 23 Sum bid �tem. Utherwise the bid tterins ah�ll be coosidered unbs�iancea 24 aad a canse fnr cvnsideration of rejection. 25 gJ The Lump 5um bid for uMn6ilixs�tion — Drain�ge" shali N�T �6 include any cast or sum fvr mahiIia�tioa items assvci�ted wit� ps��ing 27 items. Thvse costs shaIt be included in the "Mv6ilix�tian — Pa�ing" 28 Lump Sum bid Item. Otherwise the bid Itenq�s shall be cansidered 29 un6alxnoed �nd � can�e #'vr coQaiderativn of rejection. 30 2} The wQrk performed and materials furnished far demabilixation in 3 Z accnrdance with this ttem are subsidiary to tFte r+arious Items bid atnd no 32 ather compensation will be allawed. 33 �f11{ f 34 � Mo�iiization and Demabilization �Jf �+rr►!rrl,Ir ..'�fu1,►!r_r�rir+r� " hiil rl��++r.c �ur ��,�r�J 35 �l�r�� r�, �li�l�•�-�v►r 1►r►��Jii�}; �r i�1 ��r��r ci►ir� �ti'rh�et u►x! 1'uvi►ik ui�iGnr Ilrc�iiiri��l 36 1'rr�f�kle� �r��s�rr �� r�►� lr hi�1 r�r��i - i'u��rull�+►r! Iri prriti•r�I� dR �«iJ.1r►r ru��h hi�! Nrnr 3? �rti�r,►r,�!!►• N'r�r�•r�;S��u�r+• s, rl! h�� J�.srrlir++•r r��r�l !'r�ti�e�r,�. !)reri+�i��■�� tril! hr �.,1'. frili� 3p r�f��l��jl' <<'��tll'i11i' ��Irl11i 77l� Jr�l ��i75l17L rl17�� j�l r7111r�i'i' i��l�' lr�'t��l�llT�j ! 39 4d 41 42 43 44 45 4fi 47 �8 49 50 a. Measure i}'This item for WaferlSewer impro�ements is �onsidered subsidiary ta the ►+arious ltems bid. 2) "Mabiii�ion — Pa�ing," "Mobilixation — Drainage," andlor "Mabiiixation — Pa�ing/Drainage" will be measured by the lump sum or each ss the wark pmgresses. Mabiliaatian is calculated nn the base bi� aniy and will not he paid for separately on any additi�e alternate items added to the Cantract. 3) Demabilization shal! be considered suhsidiary tv the �arinus hid items. b. �ayrnent i} T7�e wark perfo�rned and materials furnished in accardance with this Ttem for WaterlSewer imprar�ements are saabsidiary to the �ariaus ltems bid and n� ather compensation wili he allowed. CITY OF F�T WpRTH MORNII+IGSTAA — SEC'l'�f]N I D, PHASE 1 STANDARD C0IVSTR�ICTIDN SPCCiFICATiQ1� ppCUi�fENTS CITY PROJECT Na.: 103488 Rs�ised Nwerrther 23, 2a16 OI 74 �0 -4 I�lOBFLIZ.ATIDN AIVD R�MOBlLIZATION Page 4 of 6 ] 2 3 4 5 6 7 8 9 10 ]] i2 13 14 IS 16 i7 18 I9 20 zr 22 23 24 25 26 27 28 29 30 31 32 33 34 35 35 3T 38 39 40 2) "Mobitizxtian — Pa�ing," "MohzIiaation — Ihainage," andlqr "Moi�ilizatian — Par+inglL3rainage", the adjusted Contract amount will be calculated as the total Contract amount for pa�ing, cirainage or �a�ingldrainage impro�ements less the lump sum for mobilixativn. Mnhikiza.�ion shall be made in partial paym�nts as faliows: a} When t% of the adjusted Cantract amount for canstru�tion Items is earned, 5Q°/a af the mol�ilizatinn lurr�p sum bid nr /h�.,r��i ': rlrE• �i��i 1�►r�rr�� ,II� �„ �•�fJ °o c�f tlyr tatai paving, drainage, or pavingldra.inage Contract ainount, wlzi�ha�er is less, will be paid. b) When 5°/0 of the adjusred Contract amount for c�nsttvction items is earned. 75% of the mabilixation lump sum bid or �l,r.��vv rlr�� ,r,ni►,rr►►►, �111r��s �•�1�°Io of the tatal pa�ing, drainage, or pa�ingldrainage CanVa�t amount, whiche�er is iess, will be�ai�. Pre�ious payments under the Item wi116e deduc#ed frvrr� this amount. �) Wlien 1 f?% af the adjusted Contract arnount far constru�#�on Items is earned. 1[1U% of the mebilIzatibn lump stlm bid or /1+,.��vr rl�,• �r�, r� r��rrr��r �,lf�,�ti �•f!�"io ��1�ih� inlal pavixltg� t�[�[►age, ar pa�ingldrainage Contract ar�nunt, whichever is less, wilI be �aid. Pre�ious }�a.yments ur�der the Item will be deducted from this amount_ d}A bid containin� a tatal for "Moh'riixs#ion" ia ezc�ess oi�1�+.►rrr �►�rr.��ini�.►ii rrlluwe•rIf g/• of totsi p��iag, drainage or �a�vingldrain$ge cuntract s#�gll be eoneidered nn6xlanced mod a canse fur ranaideraNQn of rejecdan. 3} Ths work perfonned and rnaterials furnished for demobiliratian in accardance with this [tem are sabsidiary tn the �various Items 6id and nn ather cornpensatian will be xllowed. 2. Remot�ilization for suspension of Work as s�ecificaIIy required in t�e Contr�ct Documents a. Measurement I} Measurement for this Item shall be per each remobilixation performed. b. Payznent 1) 1�e wnrk per�ormed and materials iurnished in accardance with this Item and measured as pra�ided under "Measurement" will be pai� for at the unit price per each "Specified RemohilizaLion" in accordance with Contract Documents. c. The price sha11 include: I} Demobiliaation as des�ribed in Section 1.i.A.2.a.1} 2} Remobilization as descri�ed in Sectian l,l.A.2.a.Z) d. No payments wii! be made For standby, idie time, or lost profits associated this Itern. 41 3. Remnbilixation for suspension af Work as required by City 42 a. Measurement and Payrnent �!3 I} This shall be submitted as a Contract Claim in acoordance with Article 10 44 af 5ection 00 72 Uii. 45 2) Nn payments will be made for standby, idIe time, nr lost pmfts associa.ted 46 with fhis �tem. 47 4. Mobilizatians and DemobiIizativns for Miscetlaneaus Proje�ts 48 a. Measurement CITY DF F�AT WQRTH MDRIYfAlGSTAR— SECTIpiV i0, PHASE 1 STANf7AR� CONSTRUCT[QN SPECIF3CA'I'iplV �]QCUMENTS CiiY PRflIECT No.: 1Q3488 Re�+ised Novsmher 22, 2p lfi oi�000-s MOBILIZAT[ON AND REMOBILIZATION Page 5 of 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1.3 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Docunnents b. Payment ]) The Work performed and materials furnished in accordance with this Item a.nd measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. 'The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobiliza.tions and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at th�e unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include l) Mobilization as described in Section I.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits assaciated this Item. REFERENCES [NOT USED] 30 1.4 ADMINISTRATIVE REQUIltEMENTS [NOT USED] 31 1.5 SUBNIITTALS [NOT USED] 32 1.6 INFORMATI�NAL SUBMITTALS [NOT USEDJ 33 1.7 CLOSEOUT SUSNIITTALS [NOT USED] 34 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 35 1.9 QUALITY ASSURANCE [NOT USED] 36 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 37 38 1.11 FIELD [SITEj CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH � MORNINGSTAR — SECTION 10, PHASE 1 STANDARL? CONSTRUCTION SPECIFICATION DOCUMENTS CI7'Y PROJECT No.: 103488 Itevised November 22, 2016 D1700U-6 MOBILiZATION AND REMOBILIZATION Page 6 of 6 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1 I/22/16 Michael Owen ��2 Pnce and Payment Procedures - Revised specification, including biue text, to make specification flexible for either subsidiary or paid bid item for Mabilization CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE I STANDARD CON3TRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 103488 Revised November 22, 2016 o� �000-i MOBILIZATION AND REMOBILIZATION Page 1 of G 2 3 PART1- GENERAL SECTION 0170 00 MOBILIZATION AND REMOBILIZATION 4 I.1 SUNIlVIARY 5 A. Section Includes: 6 7 8 9 10 I1 12 13 14 15 16 17 t8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4a 41 42 43 44 45 1 � 3. Mobilization and Demobiliza.tion a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relacation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. 6. Demobilizatioii 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Coniract c. Mobilization and Demobilization da not include activities for specific items of work that are for which payment is provided elsewhere in the contract. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and othar facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2} Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the S'rte in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WQRTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS CiTY PROJECT No.: ] 03488 Revised November 22, 2016 oi�000-a MOBILIZATION AND REMOBII,IZATION Page 2 of 6 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transporta.tion of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facitities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of ihe activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for ea.ch issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. S. Deviations from this City of Fort Worth Standaxd Specification 1. None. 21 C. Related Specification Sections include, but are not necessarily lirnited to: 22 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1— General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment [Consult City DepartmentlDivision for direction on if 26 Mobilizaxion pay item to be included or the item should be subsidiary. Include the 27 appropriate Section I.2 A. I.j 28 1. Mobiliza.tion and Demobilization 29 a. Measure 30 1) This Ttem is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 OR 36 1. Mobilization and Demobilization 37 a. Measure 38 1) This Item will be measured by the lump sum or each as the work 39 progresses. Mobilization is calculated on the base bid only and will not be 40 paid for separately on any additive alternate items added to the Contract. 41 2) Demobilization shall be considered subsidiary to the various bid items. 42 b. Payment 43 1) For this Item, the adjusted Contract amount will be calculated as the total 44 Contract amount less the lump sum far mobilization. Mobilization shall be 45 made in partial payments as follows: CITY �F FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCT[ON SPECIFICATION DOCl3MENTS CITY PROJECT No.: 103488 Revised November 22, 2016 �17Q00-3 MOSILi"LATlpl+i AND REMdB�LIZATIDN Page 3 of 6 1 a) When I°/a of the adj�sted Co�tract amauni for construction Items is 2 C21'tlC[�, 5(1°/a of the it�Qbiliz.�.tion lu►xap sum �id or �l�r�� v �Ir, n1��s �ii�rn�r 3 � 11lr 151 ��,1 �°/a of the to#aI Cantract amour�t, whichever is �ess, wiil be paid. 4 b) When S% of the adjusted Contract ainaunt for aanstruction Items is 5 CSrrtCd, 75°/n of khe mohiiixatian lump sum bid nr �1„�� , r rl,� �� r�� 6 � � Il� � � ti�,!�'/o oi'the tatal Cantract annourtt, whiche�er is less, will be paid. 7 Pre�iaus payments under the Item will be deducted fram ihis amount. 8 c} W}�en ] 0°/a of the ad,�usteti Contract arriaunt for construction items is 9 P..31"l3E�, ��t]% Ofi�1C 1[IO�lI�I78t1011 �[!Il'1� Sil[I'1 bld Dt �I+r�� rl Ille• ��itr�i�rrq� 10 �,11� r � t,,!�'/o of� the total Cos�tract amaunt, whiche�er is less, will be paid. i i Yre�ious payments under the Item wili be cieducted from this amovnt. 12 d}A �ic3 eantaiRin� a tot�! for "Mo6ili,�etion" in excess oi�l�i.�rrr 13 rirrr.►iiiie►nr �e!!ei►i�r��f % af total cantract shali he considered unhsi$need 14 and a cauae for cansideration of rejection. 15 e} The L�mp Sum bid far "MobiiixAtion — Pa�iugll3raivage" shall NDT �6 include any cc�st or suEn %r mabilirstion items �ssaciated rviih 17 wAterlsewer items. Thnse ons#� s�all he included in the �arious 18 waterl�ewer hid �tems. �therwi�se the bid Items sha�! he cansidered 19 e�nb�nced an� a raa�se for ct�nsidernt�on oi re�eetion. 2U fj T�e Lurnp Sum bid �or "Mohilixation — Pa�ving" ah�li I�TQT include 2� apy cost or snm for mobilization items assuciatecl with drxinage items. 22 T�ose costs sb�ll he incle�ded in the "Mo6ilizstiaa — Urain�ge" Lump 23 S�m bid Item. Otherwiae the bid Ytems ahall be eans'rdered unbxlanced 24 9ad ��use for coasider�tior� of nejection. 2S g} The Lump S�xm bid for "Mab�iiurtion — Drainage" sbs�l NOT 26 include any cust ar su�n fnr moh�iixation items �ssnci�ted with pa�+ing 27 itema. Tbnse vosts shaIl he iucierded in the "MobiIixatian — Pa�ing" 28 Luznp Sum bid Item. �therrv�ise the �id Items �LxII be cansidered 29 un6xla�cecl and a cause for cor�s€derstiQn of rejection. 30 2j The wark perivrmed and materiaJs furnished £or demobilixation in 3 i accordance with this Item are su�sidiary tv the �arious Items bid and r�o 32 ather corripensafinn will he aiiowed. 33 � r►K� 34 ! Mobili�tion and Demabilizativn j!1 +r�u�ii�,le "Mr�hrlrzrrlirsi" hiel �Ir��,t ��rc• rr.rr�! 35 �lu�• 1�� Jij/�•r�wr �►��cJi+�,� rc•< <i ,�►�•r r►��I ,tie�x�rr cr►�rl Prrvi►rk u��rlir�r Ure►rnu};e•i 36 1'rrr��l�Jc• clrluil r,/ rrirJ� h��l ►1�•+►r - i'u►i.s��llunl !u fir.irirlc• cic�lurl /ur rin•h hicl �riv+r 37 �rrf�rr�rlh' �ia�rr•'.Srti��rr �tirll he• ►r�h.►irlir�rti �str! 1'�rrii►};'I3r�ri►��};�� riJ! hr 1..5'. ►��i11� 3$ ��f+1.11��1 5�'��efl�rlli' ��Ir� �1�'7I1.1 �eil� j��111171` �fi�� llllcl�'�' ��ffi' Iri �1171rj117L'I � 39 40 4� 42 43 A� 45 4G 47 48 49 5a e. MeaSure 1 j This itsm for WaterlSewer impro�ements is considered subsidiary to the ►+arious Items bid. i� "Mvbilixation — Pa�ing," "MQbiiiZSilatl — �]1'airiS�E," SRC�pr "Mobilization — Pa�ing/Drainage" will be measured by the lump sum or each as the work pmgresses. Mobiliration is calculateci on the base bid anly and will not be paid far se�arately an any additi�e aiternate i#ems added to the Contract. 3} Demobiiization shall he considered subsidiary to the �arious hid items. b. Payment 1) The work perfnrmed and materials furnished in accordance with this [tem for WaterlSewer impro�ements are subsidiary tv the various Iter�s �id and na other compensation wiil be altawed. CITY OF FQRT WpR1'H MQRNINGSTAR— SECT]DN 16, PHASE l STANDARI7 CQNSTRUCFi4N S�ECIFZCATtON I]DCl11uIENTS ClTY PR�JECT Nv.; I �3488 Revised November 22, 2D 1 h ox �o 00 -a MpBILIZATipN AhiO itEMdBfL1ZAT10N Psge 4 ofb 1 2 4 �a 1� Z2 13 14 15 16 17 18 19 24 21 2� 23 24 z5 25 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 2) "Mobili�ati�n — Pa�ing," "Mobilizatian — Drainage," ar�dlor "Mobilixation — Par+inglDrainage", the as3jus#ed Contra�t arnaun# wili be calculated as the wtal Cantract amount for ��a�ing, drainage or pa�ingldrainage irripro�errier�ts less the lump sum for moi�iiization. Mahilixa.tion sha.Il be made in partiai payments as fai�ows: a} When 1% o�the adjusted Con#rnct amourrt for r.onstructinn ltems is esrned, 5(1% U�t�� tn�b1�178t�Un jUI11p SUII] }}[d at' �I+�.��'r�� ': rJ�a� rr�,erii��r►�� rrll��r��l� % nf thc t«tal pa�•in�, drainage, or pa►+ingldrainage Cantract amaun� whic�e�er is iess, wili he paid. b) Whe� 5% af the adjusted Contra�t amaunt far cor�stru�tion Items is earned, 75% af the mai�iiizatian Eump sum bid nr �I�,ti�•��r rh�� „��,,,,rrr�ir �,r��r,s ��1�°ro of �he total pa�ing, drairiage, or pavingldrainage Contrsct amuunc, whiche►�er is less, wiIl be paid. Pre�ious payments �nc�cr the Item wilj be deduated frarr� this aFnaunt. c} When 1(}% af ihe adjusted Cvntra�t amount fnr constructian Items is earned, 1fl0°/a nf t�e mohilizanon lurri}� swn bid or �1►+�� rJir ��rr»ai�� .11I�� •r!j°Ifl nl'thr �c��al p�� ing, drainage, or pa�ingldrainage Coniract amount, whi�he�er is less, will be�aid. Pre�ious payments under tIie Icem will he deducted frnrrz this amnunt. d}A bid co�tainin� a tatal far "Ntah'riizatina" in eicess of �l�r.�r•r� .r�r�.i�i►ii��►n rrl1�,►,�rrl� °Io of total pariag, draiaage or pa►+iagldraiosge cantt^�ct:hall be cQnsidered unb�ced a�d $ raase for considerat�on of rejectian. 3} The wark pe�ormed and ma#eriats furnished for demabiii7atian in accordanr.e with this Itern are su�sidiary ta the �arious Items hid and no etl�er aampensation wili be alIawed. 2. RemabiIizatian for 5�spensipn nf Wark as specificaliy required in the Con#ract Oo�uments a. Measurement ]) Measurement for this Item shall be per each remoloilization per#'ormed. b. Payment 1} The work per#'ormed and maieria�s furnished in accordaz�ce with this Item ar�d measured as pro�ided under "Measurement" witl he paid for at the unit price per each "Specified Remobiliza2ion" in accordan�e with Contract Uocutttents. c. Tiie price shall include: 1} Demobilia.ation �s described in Section 1.1.A.2.a.1} 2) l�ernabilir.ativn as describ�d in Section 1.1.A.2.a.Z) d. No payments will be made for standby, idIe tirne, or lost prof�ts associated this Ftem. 4F 3. Remabilixation far suspensian of Woric as required by City 42 a. Measurement and Payrnent 43 1) This shall be submitted as a Contract Claisn in accordance with Articie IQ 44 of Sectinn �0 72 QQ. 45 2} No payments witl h�e made far standby, idle �me, or Inst pro�ts associated 46 with this Item. 47 4. Mohilixations and Demobilizations for Miscelianeaus Projects 48 a. Measurement CITY �F FQRT WDRTF3 MORNiI�FGSTAR - 5ECTIQN � 0, PHASE l S'FANDARD CONSTRUCTION SPECIFlCATEQN DOCUM6"NTS CITY PRQlEGT IVv.; ]03488 Re�ised Nn�ember 22, 2Q 1 fi 01 7U 00 - S MOBILIZATION AND REMOBILIZATION Page 5 of 6 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) Measurement for this Itein shall be for each Mobilization and Demobilization required by the Contract Documents 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 per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shaIl include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A3.a.2} d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 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 per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shalI be considered subsidiary to mobiiization and shall not be paid for separately. c. 'The price shall include 1) Mobitiza.tion as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 29 1.3 REFERENCES [NOT USED] 30 1.4 ADMINISTRATIVE REQUIItEMENTS [NOT USED] 31 1.5 SUBMITTALS [NOT USED] 32 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 33 1.7 CLOSEOUT SUSMITTALS [NOT USED] 34 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 3S 1.9 QUALITY ASSURANCE [NOT USEDj 36 1.I0 DELIVERY, STORAGE, AND HANDLING [NOT USED] 37 38 1.11 FIELD [SITE] CONDTTIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 103488 Revised November 22, 2016 01 74 00 - 6 MOBILIZATION AND REMOBILIZATION Page 6 of 6 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No.: 103488 Revised November 22, 2016 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 1 2 3 4 PART1- GENERAL 5 1.1 SUMMARY 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 017123 CONSTRUCTION STAKING AND SURVEY REVISIONS INBOLD AND ITALIC A. Section Includes: l. Requirements for construction sta.king and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. Staking is provided by and paid for by the Developer. 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 25 13 A. Measurement and Payment 1. Construction Staking a. Measurement I) Staking is provided by and paid for by the Developer. b. Payment I) Staking is provided by and paid for by the Developer. 2. Construction Survey a. Measurement 1) Staking is provided by and paid far by the Developer. b. Payment 1) Staking is provided by and paid for by the Developer. REFERENCES [NOT USED] 26 1.4 ADMINISTRA,TIVE REQiTIltEMENTS [NOT USED] 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section O1 33 00. 29 B. All submitta.ls shall be approved by the City prior to delivery. 30 1.6 ACTION SUBNIITTALSlINFORMATIONAL SUBMITTALS 31 A. Certificates 32 1. Provide certificate certifying that elevations and locations of improvements are in 33 conformance or non-conformance with requirements of the Contract Documents. 34 a. Certificate must be sealed by a registered professional land surveyor in the 35 Sta.te of Texas. 3b B. Field Quality Control Submittals 37 1. Documentation verifying accuracy of field engineering work. CITY OF FORT WORTH MORNINGSTAR— SECTION ]0, PHASE 1 ; STANDA.RD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 103488 I Revised December 20, 2012 oi�ia�-z CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 3 1.9 QUALTTY ASSURANCE 4 A. Construction Staking 5 1. Staking u provided by and paid for by the Developer. 6 2. Coordination 7 a. Contact Developer's Project Representative at least 2 weeks in advance for 8 scheduling of Construction Staking. 9 b. It is the Contractor's responsibility to coordinate staking such that construction 10 activities are not delayed or negatively impacted. ll 3. General 12 a. Contractor is responsible for preserving and maintaining stakes furnished by 13 Developer's Surveyor. 14 b. If in the opinion of the City or Developer, a sufficient number of stakes or 15 markings have heen lost, destroyed or disturbed, by Contractor's neglect, such 16 that the contracted Work cannot take place, then the Contraciar will be required 17 to pay the Developer's Surveyor for new staking with a 25 percent markup. T'he 18 cost for staking will be deducted from the payment due to the Contractor for the 19 Project. 2U 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 41 42 43 44 45 B. Construct�on Survey 1. Construction Survey will be performed by the Developer's Surveyor. 2. Coordinativn a. Contractor to verify that control data established in the design survey remains inta.ct. b. Coordinate with the City/Developer prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negativety impacted. d. Notify City/Developer if any control data needs to be restored or replaced due to damage caused during construction operations. 1) Deve[oper's Surveyor shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City/Developer's Surveyor to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH MORNII�IGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS PROJECT NO.: 103488 Revised December 20, 2012 01 71 23 - 3 CONSTR.UCTION STAKING AND SURVEY Page 3 of 4 10 ll 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 c. J (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3} Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (I 1) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1 } Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 2501inear feet (b) Horizontai and vertical points of inflection, curvature, etc. (c) Cleanouts Construction survey wilt be perfonned in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. The Contractor will need to ensure coordination is maintained with the City/Developers Surveyor to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor's use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during constructian. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) Tf the instaliation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 49 1.10 DELIVERY, STORAGE, AND IiANDLING [NOT USEDj CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 103488 Revised December 20, 2012 O17123-4 CONSTRUCTION STAKING AND SUIiVEY Page 4 of 4 1 1.11 FTELD [STTE] CONDTTIONS [NOT USEDJ 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART3- EXECUTION 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USEDJ 3.3 PREPARATION [NOT USED] 3.4 A,PPLICATION 3.5 REPAII2 / RESTORATION [NOT USEDj 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain ail stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data. without approval ftom the City. 3.S 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 OP CHANGE 8/31/2012 D. Joltnson 24 CITY OF FORT WORTH MORNINGSTAR — SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PROJECT NO.: 103488 Revised December 20, 2012 01 74 23 -1 CLEANING Page 1 of 4 1 2 3 PAR.T 1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 I1 12 13 14 SECTION 0174 23 CLEANING A. Section Includes: 1. Intermediate and fnal 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 Specifcation 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 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the vazious Items bid. 17 No separate payment wilt be allowed for this Item. 18 13 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to fnal 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/IlYFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED) 30 1.10 STC)RAGE, AND HANDLING 3 t A. Storage and Handling Requirements 32 1. Store cteaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH MORNINGSTAR—SECTION 1Q PHASE 1 STANDARD CONSTRlJCT10N SPECIFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 2011 oi�4z�-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE) CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED) 3 PART 2 - PRODUCTS 4 2.1 OWNER-FURNISHED [ox) OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer I 1 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USEDJ 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAD�IINATION [NOT USED] ] 6 3.3 PREPARATION [NOT USEDJ 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAII2 / RESTORATION (NUT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD {oR] SITE QUALTTY CONTRC}L [NOT USED] 21 3.8 SYSTEM STA.RTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 24 25 26 27 28 29 30 31 32 �� 1�[e� A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH MORNtNGSTAR — SECTION 10, PHASE i STANDARD CONSTRUCTION SAECIFICATlON DOCUMENTS CITY PR0IECT NO.: 103488 Revised July 1, 2011 01 74 23 - 3 CLEANING Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 I8 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish ail Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction 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. 1 Q. Do not burn on-site. B. Intermediate Cleaning during Construction l. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategicaliy located containerts): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a zninimum 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 irims 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 conirol 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 ta remove all rocks, pieces of asphalt, concrete or any other object that rnay hinder or disrupt the flow of tra�c along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised ]uly 1, 2011 MORNINGSTAR—SECTION 10, PHASE 1 CITY PROJECT NO.: 103488 Qi 74 23 -4 CLEANIlVG Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Ciean sigus, iights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.i3 MAINTENANCE [NOT USED] 7 3.14 ATTACffi1�NTS [NOT USED] 8 9 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE i0 CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C1TY PROJECT NO.: 103488 Revised July I, 2011 01 77 19 - I CLOSEOUT REQUIREMENTS Page 1 of 3 1 2 3 PART1- GENERAL 4 1.1 SUNIlVIARY SECTION 0177 ] 9 CLOSEOUT REQUIREMBNTS 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division U— Bidding Requirements, Contract Forms and Conditions of the Contract I 1 2. Division 1— General Requirements 12 1Z PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. � 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRA.TIVE REQUIREMENTS 18 A. Guarantees, Bonds and A�davits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily �led with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment wilI be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. C1TY OF FORT WORTH MORNINGSTAR — SECTIOIY 10, PHASE 1 STAIdDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROIECT NO.: 103488 Revised July l, 2011 0177 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBNIITTALS [NOT USED] 2 1.7 CLOSEOITT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS (NOT USEDj 4 PART 3 - EXECUTION 5 3.1 INSTALLERS jN4T USED] 6 3.2 EXANIINATION [NOT USED] 7 3.3 PREPARATION [NOT USED) 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 l. Project Record Documents in accordance with Section O1 78 39 ] 1 2. Opera.tion and Maintenance Data, if required, in accordance with Section O 1 78 23 12 l3 ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3b 37 38 39 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section Ol 74 23. C. FinalInspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the 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, iminediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3 4. 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, wi11 make a subsequent Final Inspection of the project. 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 oii 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 operativn of all equipment D. Notice of Project Completion CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 201 I 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 i. 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. A�davit 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 Fina1 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 / RESTORATION (NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 A.DJUSTING (NOT USED] 3.10 CLEANiNG [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.I2 PROTECTION [NOT USED] 3.I3 MAINTENANCE [NOT USEDj 3.14 ATTACHMENTS (NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS Revised ]uly 1, 2011 MORNINGSTAR — SECTION ] 0, PHASE 1 CITY PROJECT NO.: 103488 oi�szs-i OPERATION AND MAINTE�iANCE DATA Page ] of 5 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 23 OPERATION AND MAINTENANCE DATA 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not timified to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) I 1 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. Modified 1.2.A.1 l4 2. Added 1.2.A.2 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division Q— Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1— General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 20 21 22 23 24 1.3 A. Measurement and Payment 1. Unit Price - Work associated with this Item is considered subsidiary to the various Items bid. No separaxe payment will be allowed for this Itetn. 2. Lump Sum Price - Work associated with this Item is included in the total lumv sum price. REFERENCES [NOT USED] 25 1.4 ADIMINISTRA.TIVE REQUIl2EMENTS 26 A. Schedule 27 1. Submit manuals in final form to the City within 30 calendaz days of product 28 shipment to the project site. 29 1.5 SUBNIITTALS 30 A. Submittals shall be in accordance with Section O1 33 00 . All submittals shall be 31 approved by the Ciiy prior to delivery. 32 1.6 INFORMATIONAL SUBMITTALS 33 A. Submittal Form 34 1. Prepare data in form of an instructiona.l rnanual for use by Ciiy personnel. 35 2. Format 36 a. Size: 8%z inches x l 1 inches CITY OF FORT WORTH STANDARD C4NSTRUCTION MORNINGSTAR — S6CTION 10, PHASE 1 SPECIFICATION DOCUMENT5 — WATER FACTLITY PROJECTS CITY PROJECT NO.: 103488 Revised December 20, 20I2 01 78 23 - 2 OAERATION AND MAiNTENANCE DATA Page 2 of 5 1 2 3 4 5 6 7 8 9 10 I1 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3 4. b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metai c. Text: Manufacturer's printed data, or neatly typewritten d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c} Identity of general subject matter covered in the manual Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, conrelate the data into related consistent groupings. If available, provide an electronic fornn of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 37 2. Product Data 38 a. Include only those sheets which are pertinent to the specific product. 39 b. Annotate each sheet to: 40 1) Clearly identify speciitc product or paxt installed 41 2) Clearly identify data applicable to installation 42 3) Delete references to inapplicable information 43 3. Drawings 44 a. Supplement product data with drawings as necessary to clearly illustrate: 45 1) Relations of component parts of equipment and systems 46 2) Control and flow diagrams 47 b. Coordinate dra.wings with information in Project Record Documents to assure 48 correct iliustration of completed insta.11ation. CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE 1 SPECIF[CATION DOCUMENTS — WATER FACILITY PROlECTS CTTY PROJECI' NO.: ] 03488 Revised December 2D, 2U12 01 78 23 - 3 OPERATION AND MAINTEIdANCE DATA Page 3 of 5 i c. Do not use Project Record Drawings as maintenance drawings. 2 4. Wrifxen text, as required to supplement product data for the particulaz installation: 3 a. Organize in consistent format under separate headings for different procedures. 4 b. Provide Iogical sequence of instructions of each procedure. 5 5. Copy of each warranty, bond and service contrac# issued 6 a. Provide information sheet for City personnel giving: 7 1) Proper procedures in event of failure 8 2} Instances which might af%ct validity of warranties or bonds C. Manual for Materials and Finishes ]0 11 12 I3 14 15 16 17 18 19 20 1. Submit 5 copies of complete manual in final form. 2. Content, for architec#ural products, applied materiats and fmishes: a. Manufacturer's da.ta, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3j Recommended schedule for cleaning and maintenance 2l 3. Content, for moisture protection and weather exposure products: 22 a. Manufacturer's data, giving full information on products 23 1) Applica.bte standards 24 2) Chemical composition 25 3) Details of insta.11ation 26 h. Instructions for inspection, maintenance a.nd repair 27 D. Manual for Equipment and Systems 28 1. Submit 5 copies of complete rnanual in final form. 29 2. Content, for each unit of equipment and system, as appropriate: 30 a. Description of unit and component parts 3l 1) Function, normal operating characteristics and limiting conditions 32 2) Performance curves, engineering data and tests 33 3) Complete nomenclature and commercial number of replaceable parts 34 b. Operating procedures 35 1) Start-up, break-in, routine and normal operating instructions 36 2) Regulation, control, stopping, shut-down and emergency instructions 37 3) Summer and winter operating instructions 38 4) Special operating instructions 39 c. Maintenance procedures 40 1) Routine operations 41 2) Guide to "trouble shooting" 42 3) Disassembly, repair and reassembly 43 4) Alignrnent, adjusting and checking 44 d. Servicing and lubrication schedule 45 1) List of lubricants required 46 e. Manufacturer's printed operating and maintenance instructions 47 f. Description of sequence of opera.tion by control manufacturer CITY OF FORT WORTH STANDARD CONSTRUCTION M�RTTINGSTAR — SECT[ON 10, PHASE 1 SPECIFiCATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: ] 03488 Revised December 20, 2012 O17823-4 OAERAI'iOId AND MAIN'1'ENANCE DATA Page 4 of 5 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 IS 16 17 18 14 20 21 zz 23 24 25 26 27 28 29 30 3l 32 33 34 � 4. 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spaze parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As insta.11ed color coded piping diagrams i. Charts of vaive tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1} Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and connmercial number of replaceable parts b. Circuit direc#ories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures i ) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instnzetions g. List of original manufaciurer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 35 1.7 CLOSEOUT SUBNIITTA.LS [NOT USED] 36 1.$ MAINTENANCE MATERIAL SUBNIITTALS [NOT USED] 37 1.9 QUALTTY ASSURANCE 38 A. Provide operation and maintenance data by personnel with the following criteria: 39 1. Trained and experienced in maintenance and operation of described products 40 2. Skilled as technical writer to the extent required to communicate essential data 41 3. Skilled as draftsman competent to prepare required drawings C(TY �F FORT WORTH STANDARD CONSTRUCT[ON MORNINGSTAR — SECTION ! 0, PHASE 1 SPECIFICATION DOCUMENTS — WATER FACILlTY PROJECTS CITY PRO7ECT NO.: 103488 Revised December20, 2012 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.i0 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE� CONDIT'IONS (NOT USED] 3 1.i2 WARRANTY jNOT USEDj 4 PA.RT 2- PRODUCTS [NUT USED) 5 PART 3- EXECUTION (NOT USED] G END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.S.A.1 —title of section removed CITY OF FORT WORTH STANDARD CONSTRUCTION MORNINGSTAR — SECTION 10, PHASE 1 SPECiFICATION DOCUMENTS — WATER FACILITY PROJECTS CITY PROJECT NO.: 103488 Revised December 20, 2012 01 78 39 -1 PROJECT RECORD DOCUMENTS Page 1 of 4 r 2 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 ]b 17 18 19 20 21 +3„►� SECTION 0178 39 PROJECT RECORD DOCUMENTS 1.1 SUMMARY A. Section Includes: 1. Work associated with the docurr►enting 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 Sta.ndard Specifcation 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 I. Work associated with this Item is considered subsidiary to fihe various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUII2EMENTS [NOT USED] 23 1.5 SUBNIITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative_ 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBNIITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 l. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other pocuments where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH MORNINGSTAR— SECTION 10, PHASE 1 STAMDARD CONSTRUCTfON SPECTFICATION DOCUMENTS CITY PROJECT NO.: 103488 Revised July ], 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 examinafiion. 1.10 STORAGE AND 1�ANDLING A. Storage and Handling Requirements 1. Mainta.in the job set of Record Documents completely protected from deterioration and from loss and damage until campletion of the Work and transfer of all recorded data to the finaI Project 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 originalIy required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WA�t]RANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [ox] OWNER-SUPPLIED PRODUCTS [NOT U5ED] 19 20 21 22 2.2 RECORD DOCUMENTS A. Job set 1. Promptty following receipt of the Notice to Proceed, secure from the City, afi no charge to the Coniractor, 1 complete set of a11 Documents coinprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior ta Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS (NOT USED] 30 31 32 33 34 35 3.2 EXAMINATION [NOT USEDj 3.3 PREPARATION [NOT USEDj 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Imtnediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH MORN[NGSTAR — SECTION i0, PHASE t STANDARD CONSTRUCTION SPECIFICATiON DOCUMENTS CITY PROJECT NO.: 103488 Revised July 1, 2011 Ol 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 4 � 2 3 4 5 6 7 8 9 10 Il 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3$ 39 40 41 42 43 44 45 46 47 2. p2'BSCNfl�IOri a. Considering the Contract completion time, the probable number of occasions upon which the job set nnust be taken out for new entries and for examination, and #he conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entty 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 O1 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 schernatic 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} Finat 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 finai physical layout of items which are shown only schennatically 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 physicat arraiigement 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 sui�iiciently 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 da.ta io Drawings a. Carefully transfer change daxa. 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 STATIDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 MORNINGSTAR — SECTION 10, PHASE 1 CITY PROJECT NO.: 103488 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of4 1 2 3 4 5 6 7 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a Call attention to each entry by dra.wing a"cioud" around the area or areas afFected. d. Make changes neatiy, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other pocume�ts a. If the Documents, other than l�rawings, 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 ofthose Dflcuments, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City a# the City's usuai charge for reproduction and handling, and ca.refully #ransfer the change data to the new copy to the approval of the City. 3S REPAIR / RESTORATION jNOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD (oR] SITE QUALITY CONTROL {NOT USED] 3.8 SYSTEM START`UP [NOT USED] 3.9 .A.DJUSTING (NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NUT USED] 3.14 ATTACffiV�NTS [NOT USEDJ END OF SECTION Revision Log DA1'E NAME SUMMARY OF CHANGE 26 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised ]uly 1, 2011 MORNINGSTAR—SECTION ]0, PHASE 1 CITYPROJECTNO.: ]03488 F�RT��RTH� �ITY �F FURT W�RTH WATER DEPARTMENT STANI�ARD PRUDUCT LIST Updated: December 6, 2018 The Fort Worth Riater Depaxtment's Standard Products List has been developed to minzmize the submittal review of products which meet the Fort Worth Water Department's Standard Specificaiions during utiiity construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specifica.tion wiil override the Fort Worth Water Department's Standard Specificatians and the Fort Worth Water Deparhnent's Standard Products List and apprava.l of the spec�c products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. ' Table of Content ' {Click on items to go directly % the page) Items Page A. Water & Sewer 1. Manholes & Bases/Companents ........................................................... I : 2. Manholes &. Bases/Fiberglass ............................................................... 2 3. Manholes & Bases/Frames & Covers/Rectangutar ............................... 3 4. Manholes & Bases/Frames & Covers/Round ....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8. Manholes & Bases/Rehab SystemslNonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only} ........................................ 9 10. Pipe Casing Spacer ...............................................................................10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker ............................................................................... l2 B. Sewer 13. Coatings/Epoxy ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 I5. Combination Air Valves ....................................................................... 15 1 b. Pipes/Concrete ......................................................................................16 17. Pipe Eniargement System (Method) .....................................................17 18. Pipes/Fiberglass Reinforced Pipe .........................................................18 l9. Pipes/HDPE .......................................................................................... 19 2Q. Pipes/PVC (Pressure Sewer} ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/RehabICIPP .................................................................................22 23. Pipes/Rehab/Foid & Form .................................................................... 23 24. Pipes/Open Profile 1.arge DiameYer ...................................................... 24 C. Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Vatve ...........................................................27 28. Dry Barrel Fire Hydrants ......................................................................28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. PipesNalves & Fittings/Ductiie Iron Fittings ....................................... 31 32. PipesNalves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 3�. Polyethylene Encasement ..................................................................... 34 35. Sampling Sta.tions ................................................................................. 35 � R � � E w � a 0. W A � � � a Q 3 a D � w � � V iYw l � a U � 0 a w � G � � � � 3 � w � � � ■ � � � 8 � � � u � � 4 � � � � � Q � � � $ � H � w � � 0. w A w � 3 x N a 0 � G�G 0 w w 0 E� � U H � a N U 7 A a aw � A � � � x � � F o� � � . _ 3 �s � � M � � � 0 ti 3 � � � � � � � 0 L' � � w �. � H w � a 0. 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