Loading...
HomeMy WebLinkAboutContract 60169-PM1CG CSC No. 60169-PM1 FoRTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF LOGAN SQUARE -- PHASE 2 WATER, SEWER, DRAINAGE, PAVING, AND STREET LIGHT IMPROVEMENTS City Project No. 103991 FID No. — 30114-0200431-103991.-EO7685 File No. K-2965 11X" No. X- 27306 IPRC22-0067 MATTIE PARKER David Cooke Mayor City Manager Christobher P. Harder, P.E. Director, Water Department MICHAEL OWEN, P.E. City Engineer, Transportation and Public Works Prepared for The City of Fort Worth July 2023 PAPE-DA WSON rmd ENGINEERS DALLAS I SAN ANTOMO j AUSTIN { HOUSTON I FORT WORTH 6105 TENNYSON PARKWAY, STE 210 f PLANO, TX 75024 1214.420.8494 TBPE Firm Registration #470 1 TBPLS FIRM REGISTRATION#10194390 r � .. ............................. . /MATTHEW T. GILBERTSONdo 01.... .*...................... 0•130853 p dr OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 1 of 8 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 kwitation to Bidders 03/20/2020 0021 13 Instmetions to Bidders 03/20/2020 00 41 00 Bid Fo 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 0043 13 Bid Ben 04/02/2014 0045 11 04/02/2014 0045 12 Prequalification Statement 09/01/2015 0045 13 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 0 EnIcA se Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 0135 13 Speeia Pr-gjeet n,.,,eedufes 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 f e r St Use no,.mit TRed fiea4 t Tr 07/01/2011 -Feet and ens -a n4:& 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 0334 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31- Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses 32 1129 Lime Treated Base Courses 32 1133 Cement Treated Base Courses 32 1137 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3231 13 Chain Fences and Gates Date Modified CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 3 of 8 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast -in -Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 3304 10 Joint Bonding and Electrical Isolation 3304 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation, Embedment, and Backfill 3305 12 Water Line Lowering 3305 13 Frame, Cover and Grade Rings - Cast Iron 3305 13.10 Frame, Cover and Grade Rings - Composite 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre -Stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 1211 Large Water Meters 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber -Seated Butterfly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow -off Valve Assembly 3331 12 Cured in Place Pipe (CIPP) CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 4 of 8 3331 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 3331 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 3339 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 3341 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 3341 12 Reinforced Polyethlene (SRPE) Pipe 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast -in -Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 3441 10 Traffic Signals 3441 10.01 Attachment A — Controller Cabinet 3441 10.02 Attachment B — Controller Specification 3441 10.03 Attachment C — Software Specification 3441 11 Temporary Traffic Signals 3441 13 Removing Traffic Signals 3441 15 Rectangular Rapid Flashing Beacon 3441 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 3471 13 Traffic Control CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 5 of 8 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httll:Hfortworthtexas.goy/tUw/contractors/ or tt a ns.fortworthtexas,=/ProiectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0241 14 T T+44-y n o,..eya i A a -a r.. e 12/20/2012 0241 15 Pcriig Rol 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 0334 13 Gefit+elled Low Strength N44e.;^i (Cr SM 12/20/2012 03 34 16 Coner-ete Base Material for- Trene Repai f 12/20/2012 03 80 00 M di fieatio s to Existing Gone -ete Stfuet , -es 12/20/2012 Division 26 - Electrical 26 05 00 Common `x'efk Results for- Eleet i^^' 11/22/2013 2605 10 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Eorrz.-rtunic^atie s Multi TM'^+ Gen " t 02/26/2016 Division 31- Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 31 23 23 BOFFO 01/28/2013 312400 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabiens 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 3201 17 no,.ma-aent Asphalt a-ying p'~^" ' 12/20/2012 3201 18 Tomg 12/20/2012 32 01 29 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Gemant Troa'Sia Base Getff ses 12/20/2012 32 1137 Li"Tr-eate oil FXAili er 08/21/2015 32 1216 AGr4 alt IWAag 12/20/2012 32 1273 A .,,- haI4 Pa-yi g C .^^v SeAa is 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 1416 Driok- Unit Paving 12/20/2012 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 6 of 8 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 1725 Cw4, Address PaifA ~^ 11/04/2013 3231 13 min nonce^ and 12/20/2012 32 31 26 Wire Fe ees and Gatos 12/20/2012 32 31 29 Wood Fe ees and Gates 12/20/2012 3232 13 Cast -in -Place Concrete Retaining Walls 06/05/2018 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 3292 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Tr-ee0 and &.mamba 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 3303 10 Bypaw Pump;ng _ f E*i tiag Sewef Syste 12/20/2012 3304 10 jeif4 Beading and Eleetfieal iselatioifl. 12/20/2012 3304 11 Gorroakoxt OeI}trc� Tort E:-atiens 12/20/2012 33 04 12 Magnesium A,tede G.,tt,, die Pr-eteeti ,r Syste ffl 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Goner-ete Water- Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 33 05 20 Auger- Befing 12/20/2012 33 05 21 Tunnel Liner- Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 14and 'T twine iag 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 1210 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Lafge Wale" Aao+or; 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 33 1221 A WW A Rubbo,. Seated BtWer-fly Valve 12/20/2012 33 1225 Connection to Existing Water Mains 02/06/2013 33 1230 . Systems ComNiW Air- Valve Assemblies lies for- Potable W 12/20/2012 a e 33 1240 Fire Hydrants 01/03/2014 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Page 7 of 8 33 1250 Water Sample Stations 12/20/2012 33 1260 Standard Blow eff Valve Assembly 06/19/2013 3331 12 C,,,.oa in Place Pipe (Cmn) 12/20/2012 3331 13 Fibe glas^ Reinf r-ee Pipe for- Gr-avity &aiiiar,, Sewers 12/20/2012 3331 15 High Density Polyethylene lunDRl Pipe `'[ani r,- Sewer- 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 333121 PolyvinylChloride (PIX) ClosedProfile Gr-a-y:k, Eani�; e 12/20/2012 Pipe 33 31 22 Sanitafy Sewo Flip Lining 12/20/2012 33 31 23 l Bftiwtsrfflext 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Cc\-nNmfra" Air- Valve for- Samna,. Sewer- For-ee Mains 12/20/2012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiber -glass Manholes 12/20/2012 33 39 40 Wastewater- n eees^ Chamber- (ALAG) C) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 3341 11 High Dmzzib, 12/20/2012 3341 12 Reinf reed Polyethlene CEP, E) Piro 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 atom Drair� 07/01/2011 33 46 02 ch DnirL 07/01/2011 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 3441 10 T-affie Signals 10/12/2015 3441 10.01 Attaehment AGe}trellef^binet 12/18/2015 3441 10.02 02/2012 3441 10.03 Att-aehmen4 C Se€twarespeeifietien 01/2012 3441 11 To,,,,,^,.^ -y T -a ffie Signals 11/22/2013 3441 13 Removing . T -^ff o Fig-nals 12/20/2012 3441 15 Reet gula- PL-i. 11/22/2013 3441 16 gedoEArizan Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Ar,.,z6al LED Aa Lz ir.wir s 06/15/2015 34 41 20.02 Freeway LED Read "^•' 1/X'%KXW.r-Q& 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single Mede Fibef Optie G 02/26/2016 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUMENTS Appendix Page 8 of 8 GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements III\I IZI] ay Oct] I IQ] I CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March 20, 2020 WATER, SEWER, AND DRAINAGE IMPROVEMENTS CONTRACTOR: BURNSCO CONSTRUCTION, INC. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist Item) Description I Specification Section No. I Unit of I Bid No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3305.0109 Trench Safety 33 05 10 LF 4,966 $ 2 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TN 5.28 $ 3 3311.0241 8" Water Pipe 33 1110, 33 1112 LF 4,966 $ 4 3312.0001 Fire Hydrant 33 12 40 EA 8 $ 5 3312.2003 1" Water Service 3312 10 EA 136 $ 6 3312,2003 1" Irrigation Water Service 33 12 10 EA 3 $ 7 3312.3003 8" Gate Valve 33 12 20 EA 13 $ 3312.0108 Connection to Existing 4"-12" Water 8 33 12 25 EA 4 $ Main 9999.00014" PVC Schedule 40 Conduit Sleeve (50 9 LF Sleeves) EA 6 $ TOTAL UNIT I: WATER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Nla) 22, 2019 00 42 43 DAP - BID PROPOSAL Pagel of3 Bidder's Proposal Unit Price I Bid Value 0.10 $496.60 6,500.00 $34,320.00 65.00 $322,790.00 7,700.00 $61,600 00 1,400.00 $190,40000 1,550.00 $4,650.00 2,560.00 $33,280.00 1,300.00 - $5,200.00 870.00 $5,220.00 $657,956.60 00 42 43_Bid Proposal_DAP_WSD sls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidlist Item) No Description Project Item Information Specification Section No. ( Unit of I Bid Measure Quantity UNIT II: SANITARY SEWER IMPROVEMENTS 00 42 43 DAP-BIDPROPOSAL Page 2 of 3 a Bidder's Proposal Unit Price I Bid Value 1 3110.0101 Site Clearing 311000 LS 1 $ 500.00 $500.00 2 3305.0109 Trench Safety 33 05 10 LF 5,207 $ 1.00 $5,207.00 3 3301.0002 Post -CCTV Inspection 330131 LF 5,207 $ 3.00 $15,621.00 4 3301.0101 Manhole Vacuum Testing 330130 EA 35 $ 130.00 $4 550.00 5 3331.31014" Sewer Service 333150 EA 136 $ 1,370.00 $186,320.00 6 3331.4115 8" PVC Sewer Pipe 33 1110, 33 3112, 33 312C LF 5,207 $ 63.00 $328,041.00 7 3331.4116 8" Sewer Pipe, CSS Backfil) 33 1110, 33 3112, 33 31 2C LF 345 $ 50.00 $171250.00 8 3305.0113 Trench Water Stop 33 05 15 EA 13 $ 375.00 $4,875.00 9 3137.0105 Medium Stone Riprap, Grouted 313700 SY 157 $ 125.00 $19,625.00 10 3339.0001 Epoxy Manhole Liner 33 39 60 VF 22 $ 360.00 $7,920.00 11 3339.10014' Manhole 33 3910, 33 39 20 EA 32 $ 4,400.00 $1401,8100.00 12 3339.1003 4' Extra Depth Manhole 34 3910, 33 39 20 VF 72 $ 217.00 $15,624.00 9999.0002 4' Manhole w/ Drop Structure, Epoxy 13 Liner, Water -Tight Hinged Manhole Frame, Cover & EA 1 $ 8,800.00 Grade Rings $8,800.00 9999,0003 4' Manhole w/ Drop Structure, Hydraulic 14 Slide & Epoxy Liner EA 1 $ 7,400.00 $7,400.00 9999.0004 4' Manhole w/ Water -Tight Hinged 15 Manhole Frame, Cover & Grade Rings EA 1 $ 5,000.00 $5,000.00 16 9999.0005 CSS Backfill to Top of Channel Bank Cy 755 $ 150.00 , $113,250.00 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $880,783.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DFVELOPER AWARDED PROJECTS Fom Version Ma) 22, 2019 00 42 43_Bid Proposal_DAP_WSD.As SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist Item) No. Description 1 3305.0109 Trench Safety 2 3341.0201 21" RCP, Class III 3 3341.0205 24" RCP, Class III 4 3341.0302 30" RCP, Class III 5 3341.0309 36" RCP, Class III 6 3341.0409 48" RCP, Class III 7 3349.001 4'Storm Junction Box 8 3349.0003 6' Storm Junction Box 9 3349.5001 10' Curb Inlet 10 3349.5002 15' Curb Inlet 11 3349.5003 20' Curb Inlet 12 3349.4107 30" SET, 1 Pipe 13 3349.4113 48" SET, 1 Pipe 14 3137.0105 Medium Stone Riprap, Grouted 15 9999.0006 6' Concrete Pilot Channel 16 9999.0007 Inlet Protection 17 9999.0008 SWPPP Maintenance 00 42 43 DAP• BID PROPOSAL Page 3 of 3 -. • •'; ' ; • • • Unit of Bid Specification Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 33 05 10 LF 2,780 32 41 10 LF 289 334110 LF 61 33 41 10 LF 1,291 34 41 10 LF 543 33 41 10 LF 596 33 49 10 EA 9 33 49 10 EA 3 33 49 20 EA 10 33 49 20 EA 5 33 49 20 EA 2 33 49 40 EA 1 33 49 40 EA 1 313700 Sy 562 Sy 407 EA 17 MO 5 TOTAL UNIT III: DRAINAGE IMPROVEMENTS Bid Summary UNIT I: WATER IMPROVEMENTS UNIT It: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Burnsco Construction, Inc. 6331 Southwest Blvd. Benbrook, TX 76132 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. END OF SECTION Total Construction Bid Bidder's Proposal Unit Price I Bid Value $ 0.50 $1,390.00 $ 80.00 $.23,120.00 $ 91.00 $5,551.00 $ 119.00 $153,629.00 $ 156.00 $84,708.00 $ 245.00 $146,020.00 $ 5,900.00 $53,100.00 $ 6,900.00 $20,700.00 $ 5,600.001 $56,000.00 $ 7,700.001 $38,500.00 $ 10,300.001 $20.,600.00 $ 2:800.001 $2,800.00 $ 3800.00 $3,800.00 $ 125.00 $70,250.00 $ 99.00 $40293.00 $ 200.00 $3,400.00 $ 3,000.00 $15,000.00 BY: r TITLE: Vice President 14� DATE: July 11, 2023 $738,861.00 $657,956.60 $880,783.00 $738,861.00 $2,277,600.60 85 working days after the date when the CITY OF PORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version Ma) 22, 2019 00 42 43_Bid Propos:J_DAP_1VSD GIs 0045 12 DAP PREQUALIFICATION STATEMENT Page I of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Mai or Work Type" box provide the complete major work. type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water and Wastewater New Development Open Cut (all Bumsco Construction 6/30/2024 sizes) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BY: (Signature TITLE: Vice President DATE: August 2, 2023 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103991. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Burnsco Construction, Inc. Company 6331 Southwest Blvd. Address Benbrook, TX 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Albert Grantges (Pl se Pr' t) Signature: Title: Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Albert Grantges , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Burnsco Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r day of Sk , 2022. CESILIA CANALES z° Notary ID #131652996 P My Commission Expires July 24, 2026 (7C&L* -� Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Logan Square, Phase 2 City Project No. 103991 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 8.15.2023 is made by and between the Developer, 4 LGI Homes — Texas, LLC, authorized to do business in Texas ("Developer"), and 5 Burnsco Construction, 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 1. 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 Water, Sanitary Sewer, and Drainage Improvements for Logan Square, Phase 2 16 City Project No. 103991 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 85 working days after the date when 23 the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 24 Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 29 City Conditions of the Construction Contract for Developer Awarded Projects. The 30 Contractor also recognizes the delays, expense and difficulties involved in proving in a 31 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 32 time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated 33 damages for delay (but not as a penalty), Contractor shall pay Developer One Thousand 34 Dollars ($1.000.00) for each day that expires after the time specified in Paragraph 3.2 for 35 Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 -2 Developer Awarded Project Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Two Million Two Hundred Seventy -Seven 39 Thousand Six Hundred and 60/100 Dollars ($2,277,600.60). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalifrcation Statement 49 3) State and Fede fal a,.,.ume is Ow-ejeet .. ,0et 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 € Pewer of Attemfor t 55 g. Worker's Compensation Affidavit 56 y 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment or, 61 if not attached, as incorporated by reference and described in the Table of Contents 62 of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after- the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No, 103991 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification Provision is specifically intended to ouerate 80 and be effective even if it is alleged or Proven that all or some of the damages beine 81 sought were caused, in whole or in Part, by anv act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification Provision 91 is specifically intended to overate and be effective even if it is alleged or Proven that all 92 or some of the damages being sought were caused, in whole or in Part, by anv act. 93 omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the 98 Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7:5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 005243-4 Developer Awardcd Project Agreement Page 4 of 4 115 116 7.6 Authority to Sign. 117 Contractor shall attach evidence of authority to sign Agreement, if other- than duly authorized 118 signatory of the Contractor. 119 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. I22 123 This Agreement is effective as of'the last date signed by the Parties ("Effective Date"). 124 Contract Developer: Burn a Con traction LGI Homes — Texas, LLC � By( By: (Signature) (Signature) 125 John Burns (Printed Name) Title: president Company Name: Address: 6331 Southwest Blvd- City/State/Zip: Benbrook, TX 76132 08-08-2023 Date �L6uA. e- �� 5 (Printed Name) Title: C Zf-' Company name: LGI Homes — Texas, LLC Address: 1450 Lake Robbins Drive, Suite 430 City/State/Zip: The Woodlands, TX 77380 F / S- Date CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 Bond #022236942 00 62 13 - 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Burnsco Construction, Inc. , known as "Principal" herein and 9 Liberty Mutual Insurance Company , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC, authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City'), in the penal sum of, Two Million Two Hundred Seventy -Seven Thousand Six Hundred 14 and 60/100 Dollars ($2,277,600.60), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obliges, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number 23-01 16 and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the _ 15th day of August , 2023, which Contract is hereby referred to and made a part 23 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 24 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 25 as provided for in said Contract designated as Logan Square, Phase 2. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be detennined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 15th day of 9 August , 2023. 10 I 12 13 14 15 ATTES 16 17 `, 18 (Principa) Secretary a" 19 20 21 22 23 l 24 Witness as to Principal 25 26 27 28 29 30 31 32 33 34 35 36 37 �C\� 38 39 Witness as to Surety 40 41 PRINCI Bun o Con tion, Inc. BY: SiPture John Burns, President Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company BY: ( inu 4za7 Sibnature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 42 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 43 from the by-laws showing that this person has authority to sign such obligation. If 44 Surety's physical address is different from its mailing address, both must be provided. 45 46 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Logan Square, Phase 2 103991 Bond #022236942 00 62 14 - 1 PAYMENTBOND Page 1 of 2 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Burnsco Construction, Inc. known as "Principal" herein, 8 and Liberty Mutual Insurance Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the Developer, LGI Homes - Texas, 11 LLC., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of Two Million Two Hundred Seventy -Seven 13 Thousand Six Hundred and 60/100 Dollars ($2,277,600.60), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment 15 of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 20 CFA Number 23-0116 ; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 22 the _ 15th day of August , 2023, which Contract is hereby referred to and 23 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 24 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 25 said Contract and designated as Logan Square, Phase 2. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 00 6214 - 2 PAYMENTBOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15th _ day of Auaust , 2023. ATTEST: (Principal) Secretary ct a "'i C(� Witness as to Principal ATTEST jltla- akle, (Surety) Secretary Wi iess as to Surety PRINCIPAL: Bums ons c ' on, Inc. BY: Sigma John Burls, President Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company BY: _ ��i1J1 Sigma e Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 Kraig of Prussia, PA 19406 Telephone Number: 214-989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Logan Square, Phase 2 City Project No. 103991 Bond #022236942 00 6219 - 1 MAINTENANCE BOND Page 1 of 3 SECTION 00 6219 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Burnsco Construction, Inc. - known as "Principal" herein and 9 Liberty Mutual Insurance Company a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC., authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sum of Two Million Two Hundred Seventy -Seven Thousand Six Hundred 14 and 60/100 Dollars ($2,277,600.60), in lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer 16 and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number 23-0116 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 15th day of Auqust , 2023, which Contract is hereby 24 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 25 equipment labor and other accessories as defined by law, in the prosecution of the Work, including 26 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Logan Square, Phase 2; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will remain 31 free from defects in materials or workmanship for and during the period of two (2) years after the 32 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 33 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 00 62 19 - 2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 2 receiving notice from the Developer and/or City of the need thereof at any tone within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 6 any defective Work, for which timely notice was provided by Developer or City, to a completion 7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full 8 force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such defective 12 Work to be repaired and/or reconstructed with all associated costs thereof being borne by the 13 Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 20 recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT NORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 00 6219 - 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 15th day of 3 August , 2023. 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 HC V ) Secretary r Wes► ►--7 Witness as to Principal ATTEST: PRINCIPAL. Burl o Con truction, Inc. BY: /vk" Sfature John Burns, President Name and Title Address: 6331 Southwest Blvd. Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company BY: < ". "_ Signature Sophinie Hunter, Attomey-In-Fact Name and Title Q 111c �wC� Address: 2200 Renaissance Blvd. Suite 400 (Surety) Secre King of Prussia, PA 194b6 Wi ess as to Surety Telephone Number: 214-989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205467-022020 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Don E. Cornell; Joshua Saunders; Kelly A. Westbrook; Mikaela Peppers; Ricardo J. Reyna; Robbi Morales; Sophinie Hunter; Tina McEwan; Tonic Petranek all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of April 2021 Liberty Mutual Insurance Company \NS(/�, �(( INSU \NSt//iThe Ohio Casualty Insurance Company l�JP°oRPOq C% 0— -,-q" Yk RgrF y�jP��4p' �o1PORgr�'L� West American Insurance Company 3 o cn u� 3 o m Lu 3 o m 1912 0 0 2 1919 o Q 1991 0 o uS E N �J>9SSg CHUS��•dL SOHAMPS�`p D� `( �H°IANP D� GCifJ/� , iLUf' .20 eV7 * ��, �y� * a s�M * � By: as David M. Carey, Assistant Secretary a- "6 M State of PENNSYLVANIA — 2 rn County of MONTGOMERY ss o E .0 = On this 23rd day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance N aa) Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c U) 0-0 02 f¢'�, L`i �^ <rs ✓ `,' Commonwealth of Pennsylvania - Notary Seal A_ Teresa Pastella, Notary Public (D 60 Montgomery County O .�-� "` My commission expires March 28, 2025 B ���Gu�-� O N Commission number 1126044 y• ' Teresa Pastella, Notary Public Q `o �. <} ry Member, Pennsylvania Association of Notaries 4— `4.,.`rv'+/tY O VimID C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 3: E•E Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 m ARTICLE IV — OFFICERS: Section 12. Power of Attorney. °O Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the � o C) President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ( > C: any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -0 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a) Z0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the -2 provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such paver or authority. n LL ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15th day of August, 2023 P� \Ns/!R� PV0 IN&& \NSUpq �J ooaPoggT y� yJ °°NPor�T �92 \GP°°aPOagr yC� � 3 Fo c° vQ 3 Fo m w 1912 o y 1919 o s 40 1991 0 d�9sSACNu5a3 y0 gAMPsa� a� ( NMAW 15 By. 8j) * �y1 * *ad s�,M * ��,a Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIL Multi Co 02/21 TEXAS IMPORTANT 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 (I I I -1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.aov E-mail: ConsumerProtection(a.tdi.texas.gov 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (I I I A A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection a 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) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP70680901 LMS-15292 10/15 PAVING IMPROVEMENTS CONTRACTOR: RPM xCONSTRUCTION, LLC 111,111111' c Bidlist Item' No. 00 42 43 DM - BID PROPOSAL Page t of I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Description I Specification Section No, UNIT IV: PAVI 1 3211.0400 Hydrated Lime 2 3211.0501 6" Lime Treatment 3 3213.01016" Conc Pvmt 4 3213.03014" Concrete Sidewalk 5 3213.0501 Barrier Free Ramp, Type R-1 6 3213.0506 Barrier Free Ramp, Type P-1 7 3291.0100 Topsoil (Finishing Parkways & Medians) 8 3292.0100 Black Sod Placement 9 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. (R1-1 � 10 3441. 003 Furnish/Install Alum Sign Ground Mount City Std. D3-1) 11 3137.0104 Medium Stone Riprap, dry 12 9999.0001 Mailbox Cluster Concrete Foundation 311129 321129 32 13 13 32 12 20 32 13 20 321320 32 91 19 32 92 13 344130 344130 32 37 00 13 9999.0002 SWPPP Maintenance 14 9999.0003 Connect to Existing Pavement 15 9999.0004 Remove Type III Barricade 16 9999.0005 Type III Barricade 17 9999.0006 Concrete Header TOTAL UNIT IV: Bidder's Application Bidder's Proposal Unit of Measure Bid Quantity Unit Price Bid Value 'S TN 329 $255.00 $83,895.00 Sy 18,825 $4.00 _ $75,300.00 Sy 17,686 $58A0 $1,025,788,00 SF 2,566 $7.25 -- --- - -- $18,603.50 --- EA 8 $2,300.00 -__ _ $18,400.00 EA 10 $2,300.00 $23,000.00 Cy 51.045 — $120.00 _$6,125.40 Sy 314 $14.00----__$4,396.00 EA 9 $85.00 _-765.00 EA 22 $175.00 $3,850.00 SY 64 $75.00 $4,800.00 SF 162 $15.00 $2,430.00 _.---_. _____ - _._-___ MO 4 $2,000.00 $6,000.00 EA 4 $1,000.00 SO 0.00 EA 4 $750.00 $3,000.00 EA 2 $1,1,41.11 _ _ $2,282.22 EA 2 $1,141.10 $2,282.20 IMPROVEMENT $1,286,917.32 Bid Summary ' UNIT IV: PAVING IMPROVEMENTS $1,286,917.32� Total Construction Bid $1,286,917.32 This Bid is submitted by the entity named below: BIDDER: B/Joshua.RPM xConstruction, LLC6500 Meyer Way McKinney, TX 75070 TITLDAT Contractor agrees to complete WORK for FINAL ACCEPTANCE within 60 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS F.—Version May22,20I9 004243_Bid Proposal DAP Paving.xls 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxnennit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application mustbe 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvpe" box provide the complete maior work tvpe and actual description as _provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Construction/ Reconstruction Unlimited RPM xConstruction, LLC 6/9/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: RPM xConstruction, LLC 6500 Meyer Way, Ste.100 McKinney, TX 75070 BY: Pete Dawson, TITLE: � DATE: 06/13/2023 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS (Signature) 0045 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 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 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103991. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: RPM xContruction, LLC Company6500 Meyer Way Suite 100 McKinnev. TX 75070 Address City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Peter Dawson, (Please Print) Signature: Title: VP (Please Print) BEF ME, the undersigned authority, on this day personally appeared f is Z t�rso1J , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of"-p for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2022. CHASITY LARAI JACKSON . SP• vB 2; Notary Public, State of Texas sNa• Comm. Expires 04-22-2026 Notary ID 133722934 a-Nota*Publin and or the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Logan Square, Phase 2 City Project No. 103991 1 2 SECTION 00 52 43 AGREEMENT 00 52 43 - 1 Developer Awarded Project Agreement Pagel of4 3 THIS AGREEMENT, authorized on 8.15.2023 is made by and between the Developer, 4 LGI Homes — Texas, LLC, authorized to do business in Texas ("Developer"), and 5 RPM xConstruction, LLC authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 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 Paving Improvements for Logan Square, Phase 2 16 City Project No. 103991 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 60 working days after the date when 23 the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City 24 Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 29 City Conditions of the Construction Contract for Developer Awarded Projects. The 30 Contractor also recognizes the delays, expense and difficulties involved in proving in a 31 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 32 time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated 33 damages for delay (but not as a penalty), Contractor shall pay Developer One Thousand 34 Dollars ($1.000.00) for each day that expires after the time specified in Paragraph 3.2 for 35 Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of One Million Two Hundred Ei4hity-Siv Thousan4 39 Nine Hundred Seventeen and 32/100 Dollars ($1,286,917.32). uu - 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State .-ad Feder, t a,,e nents in*eet s e ) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 fl. Power- of Attefney for- the Ben& 55 g. Worker's Compensation Affidavit 56 h. CC4rcXtn-.,,n1 F,,R +Tr,.o,, ir-ea 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment or, 61 if not attached, as incorporated by reference and described in the Table of Contents 62 of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification nrovision is specifically intended to overate 80 and be effective even if it is alleged or nroven that all or some of the damages being 81 &sight were caused. in whole or in nart. by anv act. omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification nrovision 91 is sliecifically intended to overate and he effective even if it is alleged or rrn��cn that all 92 or some of the damages being souuht were caused. in whole ar in nart. by anv act. u u uuu 93 pmission or negligence of the city, 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the 98 Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. ill 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 115 116 117 118 119 120 121 122 123 124 125 005243-4 Developer Awarded PrjectAgreemeat Page 4 of4 7.6 Authority to Sign. 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'. Contractor: RPM xConstmction, LLC Developer: LGI Homes —Texas. LLC Bv: Bv: (Signature) (Signature) Peter D.... //L (Printed Name) /�� (Printed Name) Title: VP Title: O 747 C-0' Company Name: Company name: LGI Homes — Texas, LLC RPM xCoohuctioa, LLC 6500 Meyer Way Address: sate mo Address: 1450 Lake Robbins Drive. Suite 430 McKinney, TX 75070 Citv/State/Zin: City/State/Zin: The Woodlands_ TX 77380 08/08/2023 ? 15- 2a�3 Date Date CITY OF PORT WORTH STANDARD CONSTRUCTION SMC1FTCATION DOCUMBNTS- 10399J Revlaed June 16,2016 Logan Square, Phase 2 City P ject No. 0062 13- 1 PERFORMANCE BOND Page I of 2 Bond No. 2348628 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, RPM xConstruction, LLC , known as "Principal" herein and 9 Swiss Re Corporate Solutions America Insurance Corporation , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC, authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the penal sum of, One Million Two Hundred Eighty -Six Thousand Nine Hundred 14 Seventeen and 32/100 Dollars ($1,286,917.32), lawful money of the United States, to be paid in 15 Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made 16 jointly unto the Developer and the City as dual obliges, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number 23-0116 and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 15th day of August , 2023, which Contract is hereby referred to and made a part 23 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 24 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 25 as provided for in said Contract designated as Logan Square, Phase 2. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in frill force and effect. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CrrY CONDrrIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the day of 9 1f/y16 )2023. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: (Principal) Secretary Yite s to Principal Witn s as to rety PRINCIPAL: BY: /,,� Signature Peter Dawson, Vice President Name and Title Address: 6500 Meyer Way, Suite 100 McKinney, TX 75070 SURETY: Swiss Re Corporate Solutions America Insurance Corporation Signature Andrea Rose Crawford, Attorney -in -Fact Name and Title Address: 1200 Main Street, Suite 800 Kansas Citv. MO 64105 Telephone Number: 816-235-3700 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORTwORTI i Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 0062 14- 1 PAYMENT BOND Page I of 2 Bond No. 2348628 I SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, RPM xConstruction, LLC known as "Principal" herein, 8 and Swiss Re Corporate Solutions America Insurance Corporation , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or snore), are held and firmly bound unto the Developer, LGI Homes - Texas, 11 LLC., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of One Million Two Hundred Eighty -Six 13 Thousand Nine Hundred Seventeen and 32/100 Dollars ($1,286,917.32), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well 15 and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 20 CFA Number 23-0116 : and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 22 the _ 15th _day of August , 2023, which Contract is hereby referred to and 23 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 24 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 25 said Contract and designated as Logan Square, Phase 2. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. Crl'Y OF FORT' WORTH Logan Square, Phase 2 STANDARD CPI'Y CONDITIONS — DEVELOPER AWARDED PROJECTS Cily Project No. 103991 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the day of 6 s �/%%�i��2,F 2023. 7 PRINCIPAL: RPM xConstructio LLC ATTEST: BY: _ r Signa re 8 9 10 11 12 13 14 (Principal) Secretary wit ness7as to Principal ATTEST: \ t!J�n `1-v � ( urety) ��\a Secretary Ct ess as t urety Peter Dawson, Vice President Name and Title Address: 6500 Meyer Way, Suite 100 McKinnev. TX 75070 SURETY: Swiss Re Corporate Solutions America Insurance Corporation Andrea Rose Crawford, Attorney -in -Fact Name and Title Address: 1200 Main Street, Suite 800 Kansas Gity, Mn 641 nr, Telephone Number: 816-235-3700 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Cily Project No. 103991 Revised January 31, 2012 0062 19- 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we RPM xConstruction, LLC , known as "Principal" herein and 9 Swiss Re Corporate Solutions America Insurance Corporation , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC., authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sutra of One Million Two Hundred Eighty -Six Thousand Nine Hundred Seventeen 14 and 32/100 Dollars ($1,286,917.32), in lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer 16 and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number 23-0116 _; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 15th day of August , 2023, which Contract is hereby 24 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 25 equipment labor and other accessories as defined by law, in the prosecution of the Work, including 26 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Logan Square, Phase 2; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will remain 31 free from defects in materials or workmanship for and during the period of two (2) years after the 32 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 33 CITY OF FORT wows I Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument byyL duly authorized agents and officers on this the /% day of 3 �_Q/)75r0/�S . 2023. 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 ATTEST: (Principal) Secretary i ess aZ�rincipal TTEST- /uret�j Secretary tness a o Surety PRINCIPAL: RPM xConstruct' LLC BY: Signature Peter Dawson, Vice President Name and Title Address: 6500 Meyer Way, Suite 100 McKinney, TX 75070 SURETY: Swi a Corporate Solutions America Insurance Corporation n Signature Andrea Rose Crawford, Attorney -in -Fact Name and Title Address: 1200 Main Street, Suite 800 Kansas City, MO 64105 Telephone Number: 816-235-3700 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION F/K/A NORTH AMERICAN SPECIALTY INSURANCE COMPANY ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION F/K/A WASHINGTON INTERNATIONAL INSURANCE COMPANY ("SRCSPIC") W ESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint: JOHN R. WARD, THOMAS DOUGLAS MOORE, EMILY ALLISON MIKESKA, ALLYSON W. DEAN, MONICA RUBY VEAZEY, JOHN WILLIAM NEWBY, TROY RUSSELL KEY, DEBRA LEE MOON, ANDREA ROSE CRAWFORD, SANDRA LEE RONEY, DANA ILENE MOORE AND COLIN E. CONLY JOINTLY or SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWO HUNDRED MILLION ($200,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." of uTip�doys'.,,,,,,J1W10E QeP .��s„'sot.urroN,By �` GO� it ,Kyfi? Q�;p FURjj. o' • S Q'.• G <''•.'A "- Erik Janssens, Senior Vice President or SRCSAIC &Senior Vice President � • ;�� SEAL `ao S E A L > of SRCSPIC & senior vice President of WIC sstot At/,Ssoua�'ti? By a •�rtttnr ,�0,� GeraldJa rowski,VicePresidentofSRCSAIC&VicePresidentofSRCSPIC .. C? B & Vice President of WIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of AUGUST 2022 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ss Westport Insurance Corporation On this 2nd day of AUGUST , 20 22 , before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary actand deed of their respective companies. YAjJA1NA DAitl ti �,tCa,nrntssa t se:r Mir M i01 Yasmin A. Patel, Notary I, Jeffrev Goldberi;, the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seats of the Companies thi:, 15thday of J August ,, 20 23. Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC and WIC IMPORTANT NOTICE In order to obtain information or make a complaint You may contact Jeffrey Goldberg, Vice President - Claims, at 1-800-338-0753. You may call Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation's toll -free number for information or to make a complaint at: 1-800-338-0753 You may also write to Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation at the following address: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httn://www.tdi.state.tx.us E-mail: Cons umerProtection(atdi.state.tx. us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the Swiss Re Corporate Solutions America Insurance Corporation or Swiss Re Corporate Solutions Premier Insurance Corporation. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter tin queja: Puede comunicarse con Jeffrey Goldberg, Vice President - Claims, al 1-800-338-0753. Usted puede llamr al numeeo de telefono gratis de Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation's para informacion o para someter una queja al: 1-800-338-0753 Usted tambien puede escribir a Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation al: 1450 American Lane, Suite 1100 Schaumburg, IL 60173 Puede escribir al Departmento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1- 800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httu://www.tdi.state.tx.us E-mail: Co us u merProtection(i�td i.state. tx. us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Swiss Re Corporate Solutions America Insurance Corporation o Swiss Re Corporate Solutions Premier Insurance Corporation primero. Si no se resuelve la disputa, puede entonces comunicarse con el Departmento de Seguros de Texas. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de infromacion y no se converte en parte o condicion del documento adjunto. STREET LIGHT IMPROVEMENTS CONTRACTOR: BEAN ELECTRICAL, INC. UNIT PRICE BID 004243 OAP -BID PROPOSAL. Page I of I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item information Bidder's Application Specification Unit of Bid IBidlistIteml No. Description i Section No. I Measure I Quantity UNIT V: STREET LIGHTING IMPROVEMENTS 1 2" Conduit PVC Schedule 80 (T) 34 41 20 I LF 2,100 2 I2605.3015 3441,141 NO 10Insulated Elec Condr 344110 LF 6,300 3 13441.1646 Furnish/Install Type 33B Arm 344120 EA 26 3441.305 Furnish/Install LED Lighting Fixture (70 watt ATBO 344120 EA 26 4 Cobra Head) 5 13441.3301 Rdwy Illum Foundation TY 1,2, and 4 344120 EA 26 6 13441.3351 Furnish/Install Rdway Illum TY 11 Pole 34 41 20 1 EA 26 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTw Bid Summary Bidder's Proposal Unit Price I Bid Value $21.25 I $44,625.00 $1.80 1 $11,340.00 $540.00 $14,040.00 $595.00 I $15,470.00 $1,575.00 1 $40,950.00 $2,525.00 $65.650.00 I UNIT V: STREET LIGHTING IMPROVEMENTS _ _ -_ J--- -- Total Construction Bid This Bid is submitted by the entity named below: BIDDER: Bean Electrical, LLC 821 E. Enon Avenue Fort Worth, TX 76140 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. $192,075.001 $192,075.001 $192,075.001 BY: Roy Bean 11 TITLE: �%7 SI�J lJlrtAj IGNJ DATE: �7/11 Z�Z3 55 working days after the date when the END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 00 42 4J_Hid Propasal_DAP_Strcer Light—Is Form Version May 22, 2019 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxnennit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application mustbe 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 103991 Revised April 2, 2014 0045 12 DAP PREQUALIFICATION STATEMENT Page I of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvve" box provide the complete maior work tvve and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Street Lighting Bean Electrical 3/8/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Bean Electrical LLC 821 E Enon Fort Worth, TX 76140 9 L---- (Signature) TITLE: VP SW Region DATE: 8/10/2023 I �►11Z�]�.9��TIIL[�7►i CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103991. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Bean Electrical LLC Company 821 E Enon Address Fort Worth, TX 76140 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Roy E. Bean II e e Print) Signature: 71 Title: VP SW Reqion (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Rov E. Bean II , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Bean Electrical LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1014A. _day of �1k,l Sk , 202/3. �.�''Prar��• CHERYLE R. ESPREE Notary Public, State of Texas Comm. Expires 02-29-2024 074 F�; Notary P c in an he S to of Texas ,,1,,,�� Notary ID 1890225 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Logan Square, Phase 2 City Project No. 103991 P SECTION 00 52 43 AGREEMENT 00 52 43 - 1 Developer Awarded Project Agreement Page I of 4 3 THIS AGREEMENT, authorized on 8.15.2023 is made by and between the Developer, 4 LGI Homes — Texas, LLC. authorized to do business in Texas ("Developer"), and 5 Bean Electrical, LLC, authorized to do business in Texas, acting by and through its duly authorized 6 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 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 Street Light Improvements for Logan Square, Phase 2 16 041 Project No. 103991 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within _ 55 _ working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard 29 City Conditions of the Construction Contract for Developer Awarded Projects. The 30 Contractor also recognizes the delays, expense and difficulties involved in proving in a 31 legal proceeding the actual loss suffered by the Developer if the Work is not completed on 32 time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated 33 damages for delay (but not as a penalty), Contractor shall pay Developer One Thousand 34 Dollars ($1,000.00) for each day that expires after the time specified in Paragraph 3.2 for 35 Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 36 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of One Hundred Ninety -Two Thousand Seventy -Five and 39 00/100 Dollars ($192,075.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State .-ad Feder, t a,,,.,,ments in*eet s e ) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 fl. Power- of Attemey for- the Ben& 55 g. Worker's Compensation Affidavit 56 h. CC4rcXtn-.,,n1 F,,R +Tr,.o,, ir-ea 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment or, 61 if not attached, as incorporated by reference and described in the Table of Contents 62 of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification nrovision is specifically intended to overate 80 and be effective even if it is alleged or nroven that all or some of the damages being 81 &sight were caused. in whole or in nart. by anv act. omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for costs, 83 expenses and legal fees incurred by the city in defending against such claims and causes 84 of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification nrovision 91 is sliecifically intended to overate and he effective even if it is alleged or lirogen that all 92 or some of the damages being souuht were caused. in whole ar in Dart. by anv act. u u uuu 93 pmission or negligence of the city, 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of the 98 Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. ill 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised June 16, 2016 00 52 43 .4 Developer AW.,&d Projed hvrt— nt P.g.4.f4 115 116 7.6 Authority to Sign. 117 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized 118 signatory of the Contractor. 119 120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 121 counterparts. 122 123 This Agreement is effective as of the last date signed by the Parties ("Effective Date'). 124 IPA Contractor: Bean Elleect/riiccak LLC By: LLL/// (Signahue) Ro E. Bean It �rinted Name) Title: Company Name: Bean Electrical, LLC Address: 821 E. Been Avenue City/State/Zin: Fort Worth, TX 76140 8/10/2023 Date Developer: LGI Homes —Texas, LLC By: --- (Signature) �(((Printed Name) Title: Q4' ; Company name: LGI Homes — Texas, LLC Address: 1450 Lake Robbins Drive, Suite 430 City/State/Ziv: The Woodlands, TX 77380 /y2oL3 Date CITY OF FORT WORTH Logen Sqw., Plano 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS City Projed No. 103991 Ro,Wd Jun. 16,2016 0062 13- 1 PERFORMANCE BOND Page I of 2 1 SECTION 00 62 13 2 PERFORMANCE BOND 3 Bond No. 800135502 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Bean Electrical LLC known as "Principal" herein and 9 Atlantic Specialty Insurance Company , a corporate surety(suretics, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC, authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the penal sum of, One Hundred Ninety -Two Thousand Seventy -Five and 00/100 14 Dollars ($192,075.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obliges, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 20 CFA Number 23-0116 ; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 15th day of August , 2023, which Contract is hereby referred to and made a part 23 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 24 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 25 as provided for in said Contract designated as Logan Square, Phase 2. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH LoganSquare, Phase 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 . Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 15th day of 9 August , 2023. 10 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 ATTE mcipa ecretary Witness as to al Witness as to Surety Nicholas Lattarulo PRINCIPAL• Bean Ele ri BY: Signature 47 Name and Title Address: 821 E.Enon Avenue Fort Worth, TX 76140 SURETY: Atlantic Specialty Insurance Company 1 BY: AR I I -A V-1 Ail Signature Susan J. Lattarulo, Attorney -in -Fact Name and Title Address: 605 Highway 169 North Suite 800 Plymouth, MN 55441 Telephone Number: 952-852-2431 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 1 2 3 4 5 6 SECTION 00 62 14 PAYMENT BOND 0062 14- 1 PAYMENT BOND Page 1 of 2 Bond No.800135502 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 7 That we, Bean Electrical LLC , known as "Principal" herein, 8 and Atlantic Specialty Insurance Company , a corporate surety ( or 9 sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the Developer, LGI Homes - Texas, 11 LLC., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of One Hundred Ninety -Two Thousand Seventy- 13 Five and 00/100 Dollars ($192,075.00), lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto 15 the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 19 CFA Number 23-0116 ; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, awarded 21 the _ 15th _day of August , 2023, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 23 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 24 said Contract and designated as Logan Square, Phase 2. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statute. CITY OF FORT WORTH Logan &luare, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Cigy Project No. 103991 Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 15th _ day of 3 August , 2023. 4 5 6 7 8 9 10 11 ATTEST: (Principa ecretary Witness as to ATTEST: Not Applicable (Surety) Secretary Witness as to Surety Nicholas Lattarulo PRINCIPAL: Bean Electric Signature Nat& and Title Address: 821 E. Enon Avenue . Fort Worth, TX 76140 SURETY: Atlantic Specialty Insurance Companv BY: Signature Susan J. Lattarulo, Attorney -in -Fact Name and Title Address: 605 Highway 169 North Suite 800 Plymouth, MN 55441 Telephone Number: 952-852-2431 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No, 103991 Revised January 31, 2012 006219-1 MAINTENANCE i3OND Pagel of 3 1 SECTION 00 62 19 2 MAINTENANCE BOND Bond No. 800135502 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Bean Electrical LLC known as "Principal" herein and 9 Atlantic Specialty Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one I 1 or more), are held and firmly bound unto the Developer, LGI Homes - Texas, LLC., authorized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sum of One Hundred Ninety -Two Thousand Seventy -Five and 00/100 Dollars 14 ($192,075.00), in lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made jointly unto the Developer and the City 16 as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 conununity facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number 23-0116 _; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 15th Jay of Auqust , 2023, which Contract is hereby 24 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 25 equipment labor and other accessories as defined by law, in the prosecution of the Work, including 26 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Logan Sgucnre, Phase 2; and 28 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will remain 31 free from defects in materials or workmanship for and during the period of two (2) years after the 32 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 33 CITY OF FORT WORTH Logan .Square, Phase 2 STANDARD CiTY CONDITIONS — DEVELOPER AWARDED PROJECTS 103991 Revised January 31, 2012 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 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ 15th _ day of August , 2023. PRINCIPAL: Bean Electr' al C / cl BY: Signature ATTWipaoSt (Prinary Name and Title Address: 821 E. Enon Avenue Fort Worth, TX 76140 Witness as to Pri SURETY: Atlantic Specialty Insurance Company BY: VAMALO ignatur Susan J. Lattarulo, Atto y-in-Fact ATTEST: Name and Title Not Applicable Address: 605 Highway 169 North (Surety) Secretary Suite 800 Plymouth, MN 55441 Witness a to Surety Telephone Number: 952-852-2431 Nicholas �attarulo *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Logan Syuare, Phase 2 103991 Attachment Code: D618545 Master ID: 1525357, Certificate ID: 19572927 Waiver Of Subrogation (Blanket) Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. MCI Prem Return Prem GLO 3116890-00 12/01/2022 12/01/2023 12/01/2022 09079000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. UGL-925-B CW (12/01) Page 1 of 1 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572927 Additional Insured — Automatic — Owners, Lessees Or Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 3116890-00 Effective 12/1/2022 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 19 ZURICH A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-2162-A CW (02/19) Page 1 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572927 in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is 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, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (C) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572927 (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: 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: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings 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 the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; (2) We receive written notice of a claim or "suit" as soon as practicable; and (3) A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 Attachment Code: D618546 Master ID: 1525357, Certificate ID: 19572927 F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III - Limits Of Insurance: Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. U-GL-2162-A CW (02/19) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 Coverage Extension Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 3116888 Effective Date: 12/1/2022 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured ZURICH 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do 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. C. Fellow Employee Coverage U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II — Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total 'loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 (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 for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same 'loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of 'loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph BA.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos - Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos - Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos - Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto — World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following: 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. U. Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III — Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 Attachment Code: D618547 Master ID: 1525357, Certificate ID: 19572927 V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total 'loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the 'loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-H CW (10/21) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 Attachment Code: D618544 Master ID: 1525357, Certificate ID: 19572927 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/15/2023 Policy No. WC 3116889-00 Endorsement No. Insured Bean Electrical, LLC Premium $ Insurance Company Zurich American Insurance Company by Countersigned WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WC000313 intact M INSURANCE f0vo KNOW ALL MEN BY THESE PRESENT'S, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Sheila J. Montoya, John Browning, Jodi L. Jennings, Justin Tomlin, Thomas F McCoy Jr, Kelli E Housworth, Susan J Lattarulo, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. �Q4ic'\GpFPORq tvSC "s =y' SEAL 1986 0 = By :a STATE OF MINNESOTA Paul J. Brehm, Senior Vice President HENNEPIN COUNTY On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. r �—_ - - A- i9..A �,' ALISON DWAN NASH•TROUT NOTARY PUBLIC - MINNESOTA e My Commission Expires January 31, 2026 Notary Public 1, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated_ 15th _clay of _ August, 023 . SEAL 1986 0= This Power of Attorney expires ' t, 1, Yn 4 a -- January 31, 20251 .'r � 11. Kara Barrow, Secretary Please direct bond verifications to suretvnintactinsurance.com 007200-1 GENERAL CONDITIONS Page 1 of 1 1 2 3 PART 1-GENERAL SECTION 00 72 00 GENERAL CONDITIONS 4 1.1 FORM OF GENERAL CONDITIONS 5 A. The General Conditions of this Contract is the Engineers Joint Contract Documents 6 Committee (EJCDC) Document C-700 "Standard General Conditions of the 7 Construction Contract", 2007 Edition, hereinafter referred to as the "General 8 Conditions" and is attached following this page. 9 1.2 RELATED SECTIONS 10 A. Section 00 73 00 — Supplementary Conditions 11 1.3 SUPPLEMENTARY CONDITIONS 12 A. Refer to Document 00 73 00 for amendments to these General Conditions 13 PART 2 -PRODUCTS — NOTUSED 14 PART 3 - EXECUTION — NOT USED 15 END OF DOCUMENT Logan Square, Phase 2 103991 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology...........................................................................................................1 15.01 Defined Terms...............................................................................................................................1 15.02 Terminology.................................................................................................................................. 5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance................................................................................. 6 2.02 Copies of Documents.................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.04 Starting the Work..................................................................................................................... 7 2.05 Before Starting Construction......................................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives .................................... 7 2.07 Initial Acceptance of Schedules........................................................................................................ 7 Article 3 — Contract Documents: Intent, Amending, Reuse ................ 3.01 Intent..................................................................................... 3.02 Reference Standards......................................................... 3.03 Reporting and Resolving Discrepancies ............................ 3.04 Amending and Supplementing Contract Documents ...... 3.05 Reuse of Documents........................................................ 3.06 Electronic Data................................................................. ........................................................... 8 ............................................................. 8 ........................................................... 8 ............................................................. 9 ........................................................... 9 .........................................................10 .........................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...................................................................................................... 11 4.01 Availability of Lands........................................................................................................................11 4.02 Subsurface and Physical Conditions...........................................................................................11 4.03 Differing Subsurface or Physical Conditions..............................................................................12 4.04 Underground Facilities................................................................................................................13 4.05 Reference Points..........................................................................................................................14 4.06 Hazardous Environmental Condition at Site........................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................................... 16 5.01 Performance, Payment, and Other Bonds.......................................................................................16 5.02 Licensed Sureties and Insurers........................................................................................................16 5.03 Certificates of Insurance..................................................................................................................17 5.04 Contractor's Insurance.....................................................................................................................17 5.05 Owner's Liability Insurance............................................................................................................ 19 5.06 Property Insurance............................................................................................................................ 19 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds............................................................................ 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i 5.09 Acceptance of Bonds and Insurance; Option to Replace.............................................................. 21 5.10 Partial Utilization, Acknowledgment of Property Insurer............................................................. 22 Article 6 - Contractor's Responsibilities......................................................................................................... 22 6.01 Supervision and Superintendence............................................................................................... 22 6.02 Labor; Working Hours................................................................................................................ 22 6.03 Services, Materials, and Equipment............................................................................................22 6.04 Progress Schedule........................................................................................................................23 6.05 Substitutes and "Or-Equals".......................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 25 6.07 Patent Fees and Royalties................................................................................................................ 27 6.08 Permits.........................................................................................................................................27 6.09 Laws and Regulations................................................................................................................. 28 6.10 Taxes...........................................................................................................................................28 6.11 Use of Site and Other Areas............................................................................................................ 28 6.12 Record Documents...................................................................................................................... 29 6.13 Safety and Protection................................................................................................................... 29 6.14 Safety Representative..................................................................................................................30 6.15 Hazard Communication Programs.............................................................................................. 30 6.16 Emergencies......................................................................................................................................30 6.17 Shop Drawings and Samples...................................................................................................... 31 6.18 Continuing the Work............................................................................................................. 32 6.19 Contractor's General Warranty and Guarantee.............................................................................. 33 6.20 Indemnification................................................................................................................................. 33 6.21 Delegation of Professional Design Services.................................................................................. 34 Article 7 - Other Work at the Site.............................................................................................................. 35 7.01 Related Work at Site.............................................................................................................. 35 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships..................................................................................................................... 36 Article 8 - Owner's Responsibilities............................................................................................................... 36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer................................................................................................................. 36 8.03 Furnish Data................................................................................................................................ 36 8.04 Pay When Due............................................................................................................................. 36 8.05 Lands and Easements; Reports and Tests................................................................................... 36 8.06 Insurance........................................................................................................................................... 36 8.07 Change Orders.............................................................................................................................37 8.08 Inspections, Tests, and Approvals............................................................................................... 37 8.09 Limitations on Owner's Responsibilities.................................................................................... 37 8.10 Undisclosed Hazardous Environmental Condition..................................................................... 37 8.11 Evidence of Financial Arrangements.............................................................................................. 37 8.12 Compliance with Safety Program................................................................................................... 37 Article 9 - Engineer's Status During Construction 9.01 Owner's Representative .................... .............................................. 37 .............................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site.......................................................................................................................... 37 9.03 Project Representative.................................................................................................................38 9.04 Authorized Variations in Work.............................................................................................. 38 9.05 Rejecting Defective Work...................................................................................................... 38 9.06 Shop Drawings, Change Orders and Payments............................................................................. 39 9.07 Determinations for Unit Price Work...................................................................................... 39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 39 9.09 Limitations on Engineer's Authority and Responsibilities......................................................... 39 9.10 Compliance with Safety Program................................................................................................... 40 Article 10 - Changes in the Work; Claims ............. 10.01 Authorized Changes in the Work ....... 10.02 Unauthorized Changes in the Work ... 10.03 Execution of Change Orders ............... 10.04 Notification to Surety .......................... 10.05 Claims .................................................. ............................................................................... 40 ............................................................................... 40 ............................................................................... 41 ................................................................................... 41 ................................................................................... 41 ................................................................................... 41 Article 11 - Cost of the Work; Allowances; UnitPrice Work.................................................................... 42 11.01 Cost of the Work................................................................................................................... 42 11.02 Allowances........................................................................................................................................45 11.03 Unit Price Work..................................................................................................................... 45 Article 12 - Change of Contract Price; Change ofContract Times................................................................46 12.01 Change of Contract Price................................................................................................................. 46 12.02 Change of Contract Times.......................................................................................................... 47 12.03 Delays................................................................................................................................................ 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance ofDefective Work ...................... 48 13.01 Notice of Defects.........................................................................................................................48 13.02 Access to Work...................................................................................................................... 48 13.03 Tests and Inspections....................................................................................................................... 49 13.04 Uncovering Work.................................................................................................................. 49 13.05 Owner May Stop the Work.................................................................................................... 50 13.06 Correction or Removal of Defective Work............................................................................. 50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work............................................................................................... 51 13.09 Owner May Correct Defective Work...................................................................................... 52 Article 14 - Payments to Contractor and Completion..................................................................................... 52 14.01 Schedule of Values........................................................................................................................... 52 14.02 Progress Payments............................................................................................................................ 52 14.03 Contractor's Warranty of Title............................................................................................... 55 14.04 Substantial Completion............................................................................................................... 55 14.05 Partial Utilization........................................................................................................................ 56 14.06 Final Inspection................................................................................................................................ 57 14.07 Final Payment................................................................................................................................... 57 14.08 Final Completion Delayed............................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 14.09 Waiver of Claims........................................................................................................................ 58 Article 15 — Suspension of Work and Termination......................................................................................... 59 15.01 Owner May Suspend Work.................................................................................................... 59 15.02 Owner May Terminate for Cause................................................................................................ 59 15.03 Owner May Terminate For Convenience.................................................................................... 60 15.04 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 —Dispute Resolution....................................................................................................................... 61 16.01 Methods and Procedures.................................................................................................................. 61 Article17 — Miscellaneous.............................................................................................................................. 61 17.01 Giving Notice.............................................................................................................................. 61 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations............................................................................................................... 62 17.05 Controlling Law................................................................................................................................ 62 17.06 Headings...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed ContractDocuments. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used byContractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order —A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into theAgreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons orproperty exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or apart. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) ofcontents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any partthereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicatedmeaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5 of 62 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost ofreproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. hi no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2 a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf ofeach respective parry. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2 Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 62 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferringparty. C. When transferring documents in electronic media format, the transferring parry makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required byParagraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionallyqualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's ownnegligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the ContractDocuments. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any otherreason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of useresulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required bythe Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers andarchitects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any ofthem. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance ofsuch duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such otherparty's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the ContractDocuments. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named i£ 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; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to anysubstitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objectionin the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by anyspecific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the ContractDocuments. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws orRegulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and OtherAreas A. Limitation on Use of Site and OtherAreas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endangerit. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course ofconstruction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any ofthem). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 615 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer mayrequire. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shallhave: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each suchvariation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2 normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2 recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such otherwork. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will beprovided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control ofOwner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, ifany. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 shall be delivered to the Engineer and the other parry to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any, take one of the following actions in writing: 1. deny the Claim in whole or inpart; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed adenial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A. I or specifically covered by Paragraph 11.0 LA.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuantto Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A. I and 11.0 LA.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A. I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0 LA.5, and 11.0I .B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to suchnotice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work inquestion, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work ofothers). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of allLiens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until finalpayment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to finalpayment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph6.04); 2. Contractor's disregard of Laws or Regulations ofany public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deemexpedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from suchtermination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referencedabove. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner orContractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 007300-1 SUPPLEMENTARY CONDITIONS Pagel of 2 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 4 1.1 SUMMARY 5 A. These Supplementary Conditions amend and supplement the General Conditions 6 defined in Document 00 72 00 and other provisions of the Contract Documents as 7 indicated below. The following paragraphs and subparagraphs take precedence over 8 the General Conditions. All provisions that are not so amended or supplemented 9 remain in full force and effect. 10 B. As detailed in 1.04 below, these Supplementary Conditions modify, change, delete 11 from or add to the General Conditions and shall apply to each and every Section of the 12 Work as though written in full therein. 13 C. The terms used in these Supplementary Conditions that are defined in the General 14 Conditions have the meanings assigned to them in the General Conditions. 15 D. Paragraph numbers and titles refer to like numbers and titles in the General Conditions. 16 E. In the event of a conflict between provisions in the Agreement, the General Conditions, 17 or these Supplementary Conditions, the most restrictive provision shall govern. 18 1.2 RELATED SECTIONS 19 A. Section 00 52 43 — Developer Awarded Project Agreement. 20 B. Section 00 73 10 — Standard City Conditions of the Construction Contract for 21 Developer Awarded Projects 22 1.3 REFERENCE STANDARDS — NOT USED 23 24 1.4 MODIFICATIONS TO GENERAL CONDITIONS 25 SC5.08 Add the following paragraphs immediately after Paragraph 5.08.H.: 26 Retainage 27 I. Owner shall make progress payments on account of the Contract Price on the basis of 28 Contractor's Applications for Payment no later than the 201h day of each month during 29 performance of the Work as provided in Article 12 — Completion in City of Fort Worth 30 Standard City Conditions — Developer Awarded Projects. All such payments will be 31 measured by the schedule of values established as provided in Developer Awarded 32 Projects — Proposal Form (and in the case of Unit Price Work based on the number of 33 units completed) or, in the event there is no schedule ofvalues, as provided in the General 34 Requirements. 35 1. Prior to Substantial Completion, progress payments will be made in an amount equal 36 to the percentage indicated below but, in each case, less the aggregate ofpayments Logan Square, Phase 2 103991 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 2 1 previously made and less such amounts as Engineer may determine or Owner may 2 withhold, including but not limited to liquidated damages, in accordance with Article 3 12 of the City of Fort Worth Standard City Conditions — Developer Awarded 4 Projects. 5 a. 90 percent of Work completed (with the balance being retainage). If the Work 6 has been 50 percent completed as determined by Engineer, and if the character 7 and progress of the Work have been satisfactory to Owner and Engineer, then as 8 long as the character and progress of the Work remain satisfactory to Owner and 9 Engineer, there will be no additional retainage; and 10 b. 90 percent of cost of materials and equipment not incorporated in the Work (with 11 the balance being retainage). 12 J. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total 13 payments to Contractor to 100 percent of the Work completed, less such amounts as 14 Engineer shall determine in accordance with Article 12 of City of Fort Worth Standard 15 City Conditions — Developer Awarded Projects and less 200 percent of Engineer's 16 estimate of the value of Work to be completed or corrected as shown on the tentative list 17 of items to be completed or corrected attached to the certificate of Substantial 18 Completion. 19 PART 2 - PRODUCTS - NOTUSED 20 PART 3 - EXECUTION - NOTUSED 21 END OF DOCUMENT Logan Square, Phase 2 103991 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 — Definitions and Terminology...........................................................................................................1 21.01 Defined Terms...............................................................................................................................1 21.02 Terminology.................................................................................................................................. 5 Article2 —Preliminary Matters.........................................................................................................................6 2.01 Before Starting Construction......................................................................................................... 6 2.02 Preconstruction Conference.......................................................................................................... 6 2.03 Public Meeting.............................................................................................................................. 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards......................................................................................................................6 3.02 Amending and Supplementing Contract Documents................................................................... 6 Article 4 — Bonds and Insurance........................................................................................................................ 7 4.01 Licensed Sureties and Insurers...................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds......................................................................... 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 —Contractor's Responsibilities.........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment............................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors)......................................16 5.07 Concerning Subcontractors, Suppliers, and Others....................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents...................................................................................................................... 20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative..................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals.................................................................................................................................... 22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification........................................................................................................................... 24 5.19 Delegation of Professional Design Services...............................................................................24 5.20 Right to Audit: ............................................................................................................................. 25 5.21 Nondiscrimination.......................................................................................................................25 Article 6 — Other Work at the Site................................................................................................................... 26 6.01 Related Work at Site................................................................................................................... 26 Article 7 — City's Responsibilities.................................................................................................................. 26 7.01 Inspections, Tests, and Approvals..............................................................................................26 7.02 Limitations on City's Responsibilities........................................................................................26 7.03 Compliance with Safety Program............................................................................................... 27 Article 8 — City's Observation Status During Construction............................................................................27 8.01 City's Project Representative......................................................................................................27 8.02 Authorized Variations in Work...................................................................................................27 8.03 Rejecting Defective Work...................................................................................................... 27 8.04 Determinations for Work Performed..........................................................................................28 Article9 — Changes in the Work..................................................................................................................... 28 9.01 Authorized Changes in the Work................................................................................................28 9.02 Notification to Surety..................................................................................................................28 Article 10 — Change of Contract Price; Change of Contract Time................................................................. 28 10.01 Change of Contract Price............................................................................................................28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays.......................................................................................................................................... 28 Article 11 — Tests and Inspections; Correction, Removal or Acceptance ofDefective Work.......................29 11.01 Notice of Defects........................................................................................................................ 29 11.02 Access to Work...........................................................................................................................29 11.03 Tests and Inspections..................................................................................................................29 11.04 Uncovering Work.................................................................................................................. 30 11.05 City May Stop the Work............................................................................................................. 30 11.06 Correction or Removal of Defective Work............................................................................ 30 11.07 Correction Period........................................................................................................................ 30 11.08 City May Correct Defective Work............................................................................................. 31 Article12 — Completion.................................................................................................................................. 32 1201 Contractor's Warranty of Title.................................................................................................... 32 12.02 Partial Utilization........................................................................................................................ 32 12.03 Final Inspection...........................................................................................................................32 12.04 Final Acceptance.........................................................................................................................33 Article13 — Suspension of Work..................................................................................................................... 33 13.01 City May Suspend Work............................................................................................................. 33 Article 14 — Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations 14.05 Headings ....................... CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 35 35 0073 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pagel of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms withinitial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) --A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recordedplat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not ContractDocuments. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of theAgreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of theAgreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of theProject. 28. Regular Working Hours — Hours beginning at 7:00 a. in. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will bejudged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at theSite. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the ContractDocuments. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the followingways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 eachoccurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide ' X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: NONE Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: NONE Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: NONE Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made byparticipating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of35 ❑ Required for this Contract. (Check this box if there is any City Participation) ® Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ® Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the llth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and OtherAreas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2 At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve theDamage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean- up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endangerit. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the ContractDocuments. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage causedby: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes ofactions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects 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 performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects 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 final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipatedproject. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects 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 Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. IL 03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed anegative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of35 Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-31 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 made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the otherparty. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receivingparty. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 011100-1 DAP SUMMARY OF WORK Pagel of 3 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 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 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various itemsbid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, andperforming 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements forthe 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 103991 Revised December 20, 2012 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 1 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 1. Do not enter upon private 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 been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 103991 Revised December 20, 2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 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 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects 103991 Revised December 20, 2012 013119-1 DAP PRECONSTRUCTION MEETING Pagel of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Workto 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, 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 prepare 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 delivery of the 28 distribution package to the City. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative 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. Developer and Consultant 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised August 30, 2013 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 0131 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. 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 Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings f£ Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised August 30, 2013 131 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 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 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised August 30, 2013 013233-1 DAP PRECONSTRUCTION VIDEO Pagel of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. Though not mandatory, it is highly recommended on infill developer projects. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOTUSED] CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised August 30, 2013 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 013300-1 DAP SUBMITTALS Pagel of 9 SECTION 0133 00 DAP SUBMITTALS PART 1- GENERAL 1.1 SUMMARY 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 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations inthe submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (ifrequired) b) Coordination with other submittals c) Testing d) Purchasing CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-2 DAP SUBMITTALS Page 2 of 9 1 e) Fabrication 2 f) Delivery 3 g) Similar sequenced activities 4 c. No extension of time will be authorized because of the Contractor's failure to 5 transmit submittals sufficiently in advance of the Work. 6 d. Make submittals promptly in accordance with approved schedule, and in such 7 sequence as to cause no delay in the Work or in the work of any other 8 contractor. 9 B. Submittal Numbering 10 1. When submitting shop drawings or samples, utilize a 9-character submittalcross- 11 reference identification numbering system in the following manner: 12 a. Use the first 6 digits of the applicable Specification Section Number. 13 b. For the next 2 digits number use numbers 01-99 to sequentially number each 14 initial separate item or drawing submitted under each specific Section number. 15 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 16 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 17 submittal number would be as follows: 18 19 03 30 00-08-B 20 21 1) 03 30 00 is the Specification Section for Concrete 22 2) 08 is the eighth initial submittal under this Specification Section 23 3) B is the third submission (second resubmission) of that particular shop 24 drawing 25 C. Contractor Certification 26 1. Review shop drawings, product data and samples, including those by 27 subcontractors, prior to submission to determine and verify the following: 28 a. Field measurements 29 b. Field construction criteria 30 c. Catalog numbers and similar data 31 d. Conformance with the Contract Documents 32 2. Provide each shop drawing, sample and product data submitted by the Contractor 33 with a Certification Statement affixed including: 34 a. The Contractor's Company name 35 b. Signature of submittal reviewer 36 c. Certification Statement CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 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 013300-3 DAP SUBMITTALS Page 3 of 9 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 %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 Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limitedto: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-4 DAP SUBMITTALS Page 4 of 9 1 c. Setting diagrams 2 d. Actual shopwork manufacturing instructions 3 e. Custom templates 4 f. Special wiring diagrams 5 g. Coordination drawings 6 h. Individual system or equipment inspection and test reports including: 7 1) Performance curves and certifications 8 i. As applicable to the Work 9 2. Details 10 a. Relation of the various parts to the main members and lines of the structure 11 b. Where correct fabrication of the Work depends upon field measurements 12 1) Provide such measurements and note on the drawings prior to submitting 13 for approval. 14 G. Product Data 15 1. For submittals of product data for products included on the City's Standard Product 16 List, clearly identify each item selected for use on the Project. 17 2. For submittals of product data for products not included on the City's Standard 18 Product List, submittal data may include, but is not necessarily limited to: 19 a. Standard prepared data for manufactured products (sometimes referred to as 20 catalog data) 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 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 CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-5 DAP SUBMITTALS Page 5 of 9 1 1. As specified in individual Sections, include, but are not necessarily limitedto: 2 a. Physical examples of the Work such as: 3 1) Sections of manufactured or fabricated Work 4 2) Small cuts or containers of materials 5 3) Complete units of repetitively used products color/texture/pattern swatches 6 and range sets 7 4) Specimens for coordination of visual effect 8 5) Graphic symbols and units of Work to be used by the City for independent 9 inspection and testing, as applicable to the Work 10 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 11 be fabricated or installed prior to the approval or qualified approval of such item. 12 1. Fabrication performed, materials purchased or on -site construction accomplished 13 which does not conform to approved shop drawings and data is at the Contractor's 14 risk. 15 2. The City will not be liable for any expense or delay due to corrections or remedies 16 required to accomplish conformity. 17 3. Complete project Work, materials, fabrication, and installations in conformance 18 with approved shop drawings, applicable samples, and product data. 19 J. Submittal Distribution 20 1. Electronic Distribution 21 a. Confirm development of Project directory for electronic submittals to be 22 uploaded to City's Buzzsaw site, or another external FTP site approved by the 23 City. 24 b. Shop Drawings 25 1) Upload submittal to designated project directory and notify appropriate 26 City representatives via email of submittal posting. 27 2) Hard Copies 28 a) 3 copies for all submittals 29 b) If Contractor requires more than 1 hard copy of Shop Drawings 30 returned, Contractor shall submit more than the number of copies listed 31 above. 32 c. Product Data 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 d. Samples CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-6 DAP SUBMITTALS Page 6 of 9 1 1) Distributed to the Project Representative 2 2. Hard Copy Distribution (if required in lieu of electronic distribution) 3 a. Shop Drawings 4 1) Distributed to the City 5 2) Copies 6 a) 8 copies for mechanical submittals 7 b) 7 copies for all other submittals 8 c) If Contractor requires more than 3 copies of Shop Drawings returned, 9 Contractor shall submit more than the number of copies listed above. 10 b. Product Data 11 1) Distributed to the City 12 2) Copies 13 a) 4 copies 14 c. Samples 15 1) Distributed to the Project Representative 16 2) Copies 17 a) Submit the number stated in the respective Specification Sections. 18 3. Distribute reproductions of approved shop drawings and copies ofapproved 19 product data and samples, where required, to the job site file and elsewhere as 20 directed by the City. 21 a. Provide number of copies as directed by the City but not exceeding the number 22 previously specified. 23 K. Submittal Review 24 1. The review of shop drawings, data and samples will be for general conformance 25 with the design concept and Contract Documents. This is not to be construed as: 26 a. Permitting any departure from the Contract requirements 27 b. Relieving the Contractor of responsibility for any errors, including details, 28 dimensions, and materials 29 c. Approving departures from details furnished by the City, except as otherwise 30 provided herein 31 2. The review and approval of shop drawings, samples or product data by the City 32 does not relieve the Contractor from his/her responsibility with regard to the 33 fulfillment of the terms of the Contract. 34 a. All risks of error and omission are assumed by the Contractor, and the City will 35 have no responsibility therefore. CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-7 DAP SUBMITTALS Page 7 of 9 1 3. The Contractor remains responsible for details and accuracy, for coordinating the 2 Work with all other associated work and trades, for selecting fabrication processes, 3 for techniques of assembly and for performing Work in a safe manner. 4 4. If the shop drawings, data or samples as submitted describe variations and showa 5 departure from the Contract requirements which City finds to be in the interest of 6 the City and to be so minor as not to involve a change in Contract Price or time for 7 performance, the City may return the reviewed drawings without noting an 8 exception. 9 5. Submittals will be returned to the Contractor under 1 of the following codes: 10 a. Code 1 11 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 12 comments on the submittal. 13 a) When returned under this code the Contractor may release the 14 equipment and/or material for manufacture. 15 b. Code 2 16 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 17 the notations and comments IS NOT required by the Contractor. 18 a) The Contractor may release the equipment or material formanufacture; 19 however, all notations and comments must be incorporated into the 20 final product. 21 c. Code 3 22 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 23 assigned when notations and comments are extensive enough to require a 24 resubmittal of the package. 25 a) The Contractor may release the equipment or material formanufacture; 26 however, all notations and comments must be incorporated into the 27 final product. 28 b) This resubmittal is to address all comments, omissions and 29 non -conforming items that were noted. 30 c) Resubmittal is to be received by the City within 15 Calendar Days of 31 the date of the City's transmittal requiring the resubmittal. 32 d. Code 4 33 1) "NOT APPROVED" is assigned when the submittal does not meet the 34 intent of the Contract Documents. 35 a) The Contractor must resubmit the entire package revised to bringthe 36 submittal into conformance. 37 b) It may be necessary to resubmit using a different manufacturer/vendor 38 to meet the Contract Documents. 39 6. Resubmittals CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 013300-8 DAP SUBMITTALS Page 8 of 9 1 a. Handled in the same manner as first submittals 2 1) Corrections other than requested by the City 3 2) Marked with revision triangle or other similar method 4 a) At Contractor's risk if not marked 5 b. Submittals for each item will be reviewed no more than twice at the City's 6 expense. 7 1) All subsequent reviews will be performed at times convenient to the City 8 and at the Contractor's expense, based on the City's or City 9 Representative's then prevailing rates. 10 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 11 all such fees invoiced by the City. 12 c. The need for more than 1 resubmission or any other delay in obtaining City's 13 review of submittals, will not entitle the Contractor to an extension of Contract 14 Time. 15 7. Partial Submittals 16 a. City reserves the right to not review submittals deemed partial, at the City's 17 discretion. 18 b. Submittals deemed by the City to be not complete will be returned to the 19 Contractor, and will be considered "Not Approved" until resubmitted. 20 c. The City may at its option provide a list or mark the submittal directing the 21 Contractor to the areas that are incomplete. 22 8. If the Contractor considers any correction indicated on the shop drawings to 23 constitute a change to the Contract Documents, then written notice must be 24 provided thereof to the Developer at least 7 Calendar Days prior to release for 25 manufacture. 26 9. When the shop drawings have been completed to the satisfaction of the City, the 27 Contractor may carry out the construction in accordance therewith and no further 28 changes therein except upon written instructions from the City. 29 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 30 following receipt of submittal by the City. 31 L. Mock ups 32 1. Mock Up units as specified in individual Sections, include, but are notnecessarily 33 limited to, complete units of the standard of acceptance for that type of Work to be 34 used on the Project. Remove at the completion of the Work or when directed. 35 M. Qualifications 36 1. If specifically required in other Sections of these Specifications, submit aP.E. 37 Certification for each item required. 38 N. Request for Information (RFI) CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 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 13300-9 DAP SUBMITTALS Page 9 of 9 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Vista West 11, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103624 Revised August 30, 2013 014523-1 DAP TESTING AND INSPECTION SERVICES Pagel of 3 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART 1-GENERAL 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 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 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set ofQuality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's document management system, or another form of 38 distribution approved by the City. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March, 20, 2020 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 3 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered loadof 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 3/20/20 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March, 20, 2020 14523-3 DAP TESTING AND INSPECTION SERVICES Page 3 of 3 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised March, 20, 2020 015000-1 DAP TEMPORARY FACILITIES AND CONTROLS Pagel of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, butnot 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 1) Contact City 1 week before water for construction is desired 2 d. Contractor Payment for Construction Water 3 1) Obtain construction water meter from City for payment as billed by City's 4 established rates. 5 3. Electricity and Lighting 6 a. Provide and pay for electric powered service as required for Work, including 7 testing of Work. 8 1) Provide power for lighting, operation of equipment, or other use. 9 b. Electric power service includes temporary power service or generatorto 10 maintain operations during scheduled shutdown. 11 4. Telephone 12 a. Provide emergency telephone service at Site for use by Contractor personnel 13 and others performing work or furnishing services at Site. 14 5. Temporary Heat and Ventilation 15 a. Provide temporary heat as necessary for protection or completion of Work. 16 b. Provide temporary heat and ventilation to assure safe working conditions. 17 B. Sanitary Facilities 18 1. Provide and maintain sanitary facilities for persons on Site. 19 a. Comply with regulations of State and local departments of health. 20 2. Enforce use of sanitary facilities by construction personnel at job site. 21 a. Enclose and anchor sanitary facilities. 22 b. No discharge will be allowed from these facilities. 23 c. Collect and store sewage and waste so as not to cause nuisance or health 24 problem. 25 d. Haul sewage and waste off -site at no less than weekly intervals and properly 26 dispose in accordance with applicable regulation. 27 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 28 4. Remove facilities at completion of Project 29 C. Storage Sheds and Buildings 30 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 31 above ground level for materials and equipment susceptible to weather damage. 32 2. Storage of materials not susceptible to weather damage may be on blocks off 33 ground. 34 3. Store materials in a neat and orderly manner. 35 a. Place materials and equipment to permit easy access for identification, 36 inspection and inventory. 37 4. Equip building with lockable doors and lighting, and provide electrical service for 38 equipment space heaters and heating or ventilation as necessary to provide storage 39 environments acceptable to specified manufacturers. 40 5. Fill and grade site for temporary structures to provide drainage away from 41 temporary and existing buildings. 42 6. Remove building from site prior to Final Acceptance. 43 D. Temporary Fencing 44 1. Provide and maintain for the duration or construction when required in contract 45 documents CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised JULY 1, 2011 015000-3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 E. Dust Control 2 1. Contractor is responsible for maintaining dust control through the duration ofthe 3 project. 4 a. Contractor remains on -call at all times 5 b. Must respond in a timely manner 6 F. Temporary Protection of Construction 7 1. Contractor or subcontractors are responsible for protecting Work from damage due 8 to weather. 9 1.5 SUBMITTALS [NOT USED] 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 11 1.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13 1.9 QUALITY ASSURANCE [NOT USED] 14 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS [NOT USED] 18 PART 3 - EXECUTION [NOT USED] 19 3.1 INSTALLERS [NOT USED] 20 3.2 EXAMINATION [NOT USED] 21 3.3 PREPARATION [NOT USED] 22 3.4 INSTALLATION 23 A. Temporary Facilities 24 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 3.6 RE -INSTALLATION 3 3.7 FIELD [oR] 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 to 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 END OF SECTION 15 16 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised JULY 1, 2011 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 —Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A.Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 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 Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary signmeeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign canbe 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsawwebsite. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Pagel of 3 1 SECTION 01 5713 2 STORM WATER POLLUTION PREVENTION 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions ofthe 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations andAcronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A.Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual forConstruction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 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 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres ofdisturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to 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 3. 5 acres or more ofDisturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 42 43 44 45 46 47 A. SWPPP 1. Submit in accordance with Section 0133 00, except as statedherein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Departmentof Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 15713-3 DAP STORM WATER POLLUTION 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 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [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 [NOTUSED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised July 1, 2011 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Pagel of 2 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE 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 Standard Product List in these Contract 18 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 for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 0133 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/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 016000-2 DAP PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily 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 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 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 allow 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. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 016600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 1 4. Deliver products or equipment in manufacturer's original unbroken cartons orother 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage andhandling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose 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 times to all 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 minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOTUSED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any otherway 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 1 2 017000-1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 6 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization 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) Relocation of necessary general facilities for the Contractor'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 facilities 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. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017000-2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 6 1) Demobilization 2 a) Transportation of Contractor's personnel, equipment, and operating 3 supplies from the Site including disassembly or temporarily securing 4 equipment, supplies, and other facilities as designated by the Contract 5 Documents necessary to suspend the Work. 6 b) Site Clean-up as designated in the Contract Documents 7 2) Remobilization 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies to the Site necessary to resume the Work. 10 b) Establishment of necessary general facilities for the Contractor's 11 operation at the Site necessary to resume the Work. 12 3) No Payments will be made for: 13 a) Mobilization and Demobilization from one location to another on the 14 Site in the normal progress of performing the Work. 15 b) Stand-by or idle time 16 c) Lost profits 17 3. Mobilizations and Demobilization for Miscellaneous Projects 18 a. Mobilization and Demobilization 19 1) Mobilization shall consist of the activities and cost on a Work Order basis 20 necessary for: 21 a) Transportation of Contractor's personnel, equipment, and operating 22 supplies to the Site for the issued Work Order. 23 b) Establishment of necessary general facilities for the Contractor's 24 operation at the Site for the issued Work Order 25 2) Demobilization shall consist of the activities and cost necessary for: 26 a) Transportation of Contractor's personnel, equipment, and operating 27 supplies from the Site including disassembly for each issued Work 28 Order 29 b) Site Clean-up for each issued Work Order CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 6 1 c) Removal of all buildings or other facilities assembled at the Site for 2 each Work Oder 3 b. Mobilization and Demobilization do not include activities for specific items of 4 work for which payment is provided elsewhere in the contract. 5 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 6 a. A Mobilization for Miscellaneous Projects when directed by the City and the 7 mobilization occurs within 24 hours of the issuance of the Work Order. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limitedto: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Mobilization and Demobilization 16 a. Measure 17 1) This Item is considered subsidiary to the various Items bid. 18 b. Payment 19 1) The work performed and materials furnished in accordance with this Item 20 are subsidiary to the various Items bid and no other compensation will be 21 allowed. 22 2. Remobilization for suspension of Work as specifically required in the Contract 23 Documents 24 a. Measurement 25 1) Measurement for this Item shall be per each remobilization performed. 26 b. Payment CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017000-4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 6 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under "Measurement" will be paid for atthe 3 unit price per each "Specified Remobilization" in accordance with 4 Contract Documents. 5 c. The price shall include: 6 1) Demobilization as described in Section 1.1.A.2.a.1) 7 2) Remobilization as described in Section 1.1.A.2.a.2) 8 d. No payments will be made for standby, idle time, or lost profits associated this 9 Item. 10 3. Remobilization for suspension of Work as required by City 11 a. Measurement and Payment 12 1) This shall be submitted as a Contract Claim in accordance with Article 10 13 of Section 00 72 00. 14 2) No payments will be made for standby, idle time, or lost profits associated 15 with this Item. 16 4. Mobilizations and Demobilizations for Miscellaneous Projects 17 a. Measurement 18 1) Measurement for this Item shall be for each Mobilization and 19 Demobilization required by the Contract Documents 20 b. Payment 21 1) The Work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement" will be paid for at the 23 unit price per each "Work Order Mobilization" in accordance with 24 Contract Documents. Demobilization shall be considered subsidiary to 25 mobilization and shall not be paid for separately. 26 c. The price shall include: 27 1) Mobilization as described in Section 1.1.A.3.a.1) 28 2) Demobilization as described in Section 1.1.A.3.a.2) 29 d. No payments will be made for standby, idle time, or lost profits associated this 30 Item. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 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 017000-5 DAP MOBILIZATION AND REMOBILIZATION Page 5 of 6 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 atthe 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 1) Mobilization 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. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Logan Square, Phase 2 103991 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 4 G7 017000-6 DAP MOBILIZATION AND REMOBILIZATION Page 6 of 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017123-1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A.Section Includes: 6 1. Requirements for construction staking and construction survey 7 B.Deviations from this City of Fort Worth Standard Specification 8 1. See Changes (Highlighted in Yellow). 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 13 A.Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will be 27 allowed. 28 3. As -Built Survey 29 a. Measurement 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and the materials furnished in accordance with this 33 Item are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 1.3 REFERENCES 36 A.Definitions 37 1. Construction Survev - The survey measurements made prior to orwhile 38 construction is in progress to control elevation, horizontal position, dimensions and 39 configuration of structures/improvements included in the Project Drawings. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1 2. As -built Survev —The measurements made after the construction ofthe 2 improvement features are complete to provide position coordinates for the features 3 of a project. 4 3. Construction Staking — The placement of stakes and markings to provide offsets 5 and elevations to cut and fill in order to locate on the ground the designed 6 structures/improvements included in the Project Drawings. Construction staking 7 shall include staking easements and/or right of way if indicated on the plans. 8 4. Survev "Field Checks" — Measurements made after construction staking is 9 completed and before construction work begins to ensure that structures marked on 10 the ground are accurately located per Project Drawings. 11 B.Technical References 12 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw 13 website) — 01 71 23.16.01— Attachment A Survey Staking Standards 14 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 15 on City's Buzzsaw website). 16 3. Texas Department of Transportation (TxDOT) Survey Manual, latestrevision 17 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice forLand 18 Surveying in the State of Texas, Category 5 19 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A.The Contractor's selection of a surveyor must comply with Texas Government Code 22 2254 (qualifications based selection) for this project. 23 1.5 SUBMITTALS 24 A.Submittals, if required, shall be in accordance with Section 0133 00. 25 B.All submittals shall be received and reviewed by the City prior to delivery of work. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 27 A.Field Quality Control Submittals 28 1. Documentation verifying accuracy of field engineering work, including coordinate 29 conversions if plans do not indicate grid or ground coordinates. 30 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 31 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 32 1.7 CLOSEOUT SUBMITTALS 33 B. As -built Redline Drawing Submittal 34 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 35 constructed improvements signed and sealed by Registered Professional Land 36 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 37 — Survey Staking Standards) . CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 2. Contractor shall submit the proposed as -built and completed redline drawing 2 submittal one (1) week prior to scheduling the project final inspection for City 3 review and comment. Revisions, if necessary, shall be made to the as -built redline 4 drawings and resubmitted to the City prior to scheduling the construction final 5 inspection. 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A.Construction Staking 9 1. Construction staking will be performed by the Contractor. 10 2. Coordination 11 a. Contact City and Developer's Project Representative at least one weekin 12 advance notifying the City of when Construction Staking is scheduled. 13 b. It is the Contractor's responsibility to coordinate staking such that construction 14 activities are not delayed or negatively impacted. 15 3. General 16 a. Contractor is responsible for preserving and maintaining stakes. If 17 Developer's Project Representative is required to re -stake for any reason, the 18 Contractor will be responsible for costs to perform staking. If in the opinion of 19 the City, a sufficient number of stakes or markings have been lost, destroyed 20 disturbed or omitted that the contracted Work cannot take place then the 21 Contractor will be required to stake or re -stake the deficient areas. 22 B.Construction Survey 23 1. Construction Survey will be performed by the Contractor. 24 2. Coordination 25 a. Contractor to verify that horizontal and vertical control data established in the 26 design survey and required for construction survey is available and in place. 27 3. General 28 a. Construction survey will be performed in order to construct the work shown on 29 the Construction Drawings and specified in the Contract Documents. 30 b. For construction methods other than open cut, the Contractor shall perform 31 construction survey and verify control data including, but not limited to, the 32 following: 33 1) Verification that established benchmarks and control are accurate. 34 2) Use of Benchmarks to furnish and maintain all reference lines and grades 35 for tunneling. 36 3) Use of line and grades to establish the location of the pipe. 37 4) Submit to the City copies of field notes used to establish all lines and 38 grades, if requested, and allow the City to check guidance system setup prior 39 to beginning each tunneling drive. 40 5) Provide access for the City, if requested, to verify the guidance system and 41 the line and grade of the carrier pipe. 42 6) The Contractor remains fully responsible for the accuracy of the work and 43 correction of it, as required. 44 7) Monitor line and grade continuously during construction. 45 8) Record deviation with respect to design line and grade once at each pipe 46 joint and submit daily records to the City. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 9) If the installation does not meet the specified tolerances (as outlined in 2 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 3 the installation in accordance with the Contract Documents. 4 C. As -Built Survey 5 1. Required As -Built Survey will be performed by the Contractor. 6 2. Coordination 7 a. Contractor is to coordinate with City to confirm which features require as -built 8 surveying. 9 b. It is the Contractor's responsibility to coordinate the as -built survey and 10 required measurements for items that are to be buried such that construction 11 activities are not delayed or negatively impacted. 12 c. For sewer mains and water mains 12" and under in diameter, it is acceptable to 13 physically measure depth and mark the location during the progress of 14 construction and take as -built survey after the facility has been buried. The 15 Contractor is responsible for the quality control needed to ensure accuracy. 16 3. General 17 a. The Contractor shall provide as -built survey including the elevation and 18 location (and provide written documentation to the City) of construction 19 features during the progress of the construction including the following: 20 1) Water Lines 21 a) Top of pipe elevations and coordinates for waterlines at the following 22 locations: 23 (1) Minimum every 250 linear feet, including 24 (2) Horizontal and vertical points of inflection, curvature, 25 etc. 26 (3) Fire line tee 27 (4) Plugs, stub -outs, dead-end lines 28 (5) Casing pipe (each end) and all buried fittings 29 2) Sanitary Sewer 30 a) Top of pipe elevations and coordinates for force mains and siphon 31 sanitary sewer lines (non -gravity facilities) at the following locations: 32 (1) Minimum every 250 linear feet and any buried fittings 33 (2) Horizontal and vertical points of inflection, curvature, 34 etc. 35 3) Stormwater — Not Applicable 36 b. The Contractor shall provide as -built survey including the elevation and 37 location (and provide written documentation to the City) of construction 38 features after the construction is completed including the following: 39 1) Manholes 40 a) Rim and flowline elevations and coordinates for eachmanhole 41 2) Water Lines 42 a) Cathodic protection test stations 43 b) Sampling stations 44 c) Meter boxes/vaults (All sizes) 45 d) Fire hydrants 46 e) Valves (gate, butterfly, etc.) 47 f) Air Release valves (Manhole rim and vent pipe) 48 g) Blow off valves (Manhole rim and valve lid) 49 h) Pressure plane valves CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 i)Underground Vaults 2 (1) Rim and flowline elevations and coordinates for each 3 Underground Vault. 4 3) Sanitary Sewer 5 a) Cleanouts 6 (1) Rim and flowline elevations and coordinates for each 7 b) Manholes and Junction Structures 8 (1) Rim and flowline elevations and coordinates for each 9 manhole and junction structure. 10 4) Stormwater — Not Applicable 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY 14 PART 2 - PRODUCTS 15 A.A construction survey will produce, but will not be limited to: 16 1. Recovery of relevant control points, points of curvature and points of intersection. 17 2. Establish temporary horizontal and vertical control elevations (benchmarks) 18 sufficiently permanent and located in a manner to be used throughout construction. 19 3. The location of planned facilities, easements and improvements. 20 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 21 areas, utilities, streets, highways, tunnels, and other construction. 22 b. A record of revisions or corrections noted in an orderly manner for reference. 23 c. A drawing, when required by the client, indicating the horizontal and vertical 24 location of facilities, easements and improvements, as built. 25 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 26 construction staking projects. These cut sheets shall be on the standard city template 27 which can be obtained from the Survey Superintendent (817-392-7925). 28 5. Digital survey files in the following formats shall be acceptable: 29 a. AutoCAD (.dwg) 30 b. ESRI Shapefile (.shp) 31 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 32 standard templates, if available) 33 6. Survey files shall include vertical and horizontal data tied to original project 34 control and benchmarks, and shall include feature descriptions 35 PART 3 - EXECUTION 36 3.1 INSTALLERS 37 A.Tolerances: CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 1. The staked location of any improvement or facility should be as accurate as 2 practical and necessary. The degree of precision required is dependent on many 3 factors all of which must remain judgmental. The tolerances listed hereafter are 4 based on generalities and, under certain circumstances, shall yield to specific 5 requirements. The surveyor shall assess any situation by review of the overall plans 6 and through consultation with responsible parties as to the need for specific 7 tolerances. 8 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 9 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 10 1.0 ft. tolerance. 11 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 12 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 13 walkways shall be located within the confines of the site boundaries and, 14 occasionally, along a boundary or any other restrictive line. Away from any 15 restrictive line, these facilities should be staked with an accuracy producing no 16 more than 0.05ft. tolerance from their specified locations. 17 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 18 electric lines, shall be located horizontally within their prescribed areas or 19 easements. Within assigned areas, these utilities should be staked with an 20 accuracy producing no more than 0.1 ft tolerance from a specified location. 21 e. The accuracy required for the vertical location of utilities varies widely. Many 22 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 23 should be maintained. Underground and overhead utilities on planned profile, 24 but not depending on gravity flow for performance, should not exceed 0.1 ft. 25 tolerance. 26 B.Surveying instruments shall be kept in close adjustment according to manufacturer's 27 specifications or in compliance to standards. The City reserves the right to request a 28 calibration report at any time and recommends regular maintenance schedule be 29 performed by a certified technician every 6 months. 30 1. Field measurements of angles and distances shall be done in such fashion as to 31 satisfy the closures and tolerances expressed in Part 3.1.A. 32 2. Vertical locations shall be established from a pre -established benchmark and 33 checked by closing to a different bench mark on the same datum. 34 3. Construction survey field work shall correspond to the client's plans. Irregularities 35 or conflicts found shall be reported promptly to the City. 36 4. Revisions, corrections and other pertinent data shall be logged for future reference. 37 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 3.4 APPLICATION 41 3.5 REPAIR / RESTORATION 42 A.If the Contractor's work damages or destroys one or more of the control 43 monuments/points set by the Developer's Project Representative, the monuments shall be 44 adequately referenced for expedient restoration. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 1. Notify City or Developer's Project Representative if any control data needs tobe 2 restored or replaced due to damage caused during construction operations. 3 a. Contractor shall perform replacements and/or restorations. 4 b. The City or Developer's Project Representative may require at any time a 5 survey "Field Check" of any monument or benchmarks that are set be verified 6 by the Developer's Project Representative before further associated work can 7 move forward. 8 3.6 RE -INSTALLATION [NOT USED] 9 3.7 FIELD [oR] SITE QUALITY CONTROL 10 A.It is the Contractor's responsibility to maintain all stakes and control data placed by the 11 Developer's Project Representative in accordance with this Specification. This includes 12 easements and right of way, if noted on the plans. 13 B.Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP 15 A. Survey Checks 16 1. The City reserves the right to perform a Survey Check at any time deemed 17 necessary. 18 2. Checks by City personnel or 3' party contracted surveyor are not intended to 19 relieve the contractor of his/her responsibility for accuracy. 20 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 DATE NAME 8/31/2012 D. Johnson Revision Log SUMMARY OF CHANGE Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 103991 Revised February 14, 2018 017423-1 DAP CLEANING Pagel of 4 1 SECTION 0174 23 2 CLEANING 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning ofclosed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbedby 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 74 23 - 2 DAP 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 [oR] 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 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 74 23 - 3 DAP CLEANING Page 3 of 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associatedwith 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the rightto 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris andrubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Exterior (Site or Right of Way) Final Cleaning 22 1. Remove trash and debris containers from site. 23 a. Re -seed areas disturbed by location of trash and debris containers in accordance 24 with Section 32 92 13. 25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 26 that may hinder or disrupt the flow of traffic along the roadway. 27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 28 junction boxes and inlets. 29 4. If no longer required for maintenance of erosion facilities, and upon approval by 30 City, remove erosion control from site. 31 5. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] 36 37 38 39 40 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 01 7719 CLOSEOUT REQUIREMENTS 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Pagel of 3 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 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will 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. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOTUSED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 017839 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 7823 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City'swritten 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Lightbulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation ofall 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 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 17719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017823-1 DAP OPERATION AND MAINTENANCE DATA Pagel of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART 1-GENERAL 4 1.1 SUMMARY 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 limitedto: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. 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 Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days ofproduct 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shallbe 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by Citypersonnel. 32 2. Format 33 a. Size: 8 1/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title ofProject 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in themanual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. ProductData 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheetto: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of eachprocedure. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 £ Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories ofpanelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 17823-5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 — title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Pagel of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART 1-GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes toproject 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B.Deviations from this City of Fort Worth Standard Specification 13 1. 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 Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Itemsbid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 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 SUBMITTALS [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 1. 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 Documents 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 Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A.Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, atno 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B.Final Record Documents 24 1. At a time nearing the completion of the Work and prior to 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 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A.Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and forreview 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum clearly mark any deviations from Contract Documents 11 associated with installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Record any deviations from Contract Documents. 14 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 15 change by graphic line and note as required. 16 c. Date all entries. 17 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 18 e. In the event of overlapping changes, use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physical layout. 24 1) Final physical arrangement is determined by the Contractor, subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the final physical layout of items which are 28 shown only schematically on the Drawings. 29 b. Show on the job set of Record Drawings, by dimension accurate to within 1 30 inch, the centerline of each run of items. 31 1) Final physical arrangement is determined by the Contractor, subject to the 32 City's approval. 33 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 34 ceiling plenum", "exposed", and the like). 35 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 c. The City may waive the requirements for conversion of schematic layouts 38 where, in the City's judgment, conversion serves no useful purpose. However, 39 do not rely upon waivers being issued except as specifically issued in writing 40 by the City. 41 B.Final Project Record Documents 42 1. Transfer of data to Drawings 43 a. Carefully transfer change data shown on the job set of Record Drawings to the 44 corresponding final documents, coordinating the changes as required. 45 b. Clearly indicate at each affected detail and other Drawing a full description of 46 changes made during construction, and the actual location of items. 47 c. Call attention to each entry by drawing a "cloud" around the area or areas 48 affected. CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to otherpocuments a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 4/7/2014 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH Logan Square, Phase 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 103991 Revised April 7, 2014 APPENDIX Transportation/Public Works Department Standard Products List Water Department Standard Products List FORT WORTH. CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 10/04/2023 Approval I Spec No. Concrete Ckissili'ation Nla—l-fin- Model No. National Spec 19/9/2022 03 30 00 Mix Design American Concrete Company 30CAF029 3000 psi Concrete for Sidewalks & ADA Ramps 19/9/2022 03 30 00 Mix Design American Concrete Company 01JAF382 1000 psi Concrete Base Material for Trench Repair 19/9/2022 03 30 00 Mix Design American Concrete Company 40CNF065 4000 psi Concrete for Manholes & Utility Structures 19/9/2022 03 30 00 Mix Design American Concrete Company 45CAF076 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D10000001737 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D 1000000 17914500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D 1000000 1793 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D 1000000 1103 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D10000002107 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D 1000000 1273 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Argos D10000001617 3600 psi Concrete for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Argos D10000008381 4500 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Argos D10000009857 50 psi Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Argos D10000001055 3000 psi Concrete for Inlets, Junction Boxes, Manholes, Channel Liners, Sidewalks, Driveways, Curb & Gutter 19/9/2022 03 30 00 Mix Design Argos D1000001043S 3000 psi Concrete for Sidewalks, Curbs 19/9/2022 03 30 00 Mix Design Argos D1000001565S 3000 psi Concrete for Curbs, Curb & Gutters, Sidewalks, Driveways, ADA Ramps 19/9/2022 03 30 00 Mix Design Argos D1000001615 3600 psi Concrete for Inlets, Boxes, Encasement, Blocking 19/9/2022 03 30 00 Mix Design Argos D10000001061 3600 psi Concrete for Inlets, Boxes, Encasement, Blocking 19/9/2022 03 30 00 Mix Design Argos D10000001083S 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking 19/9/2022 03 30 00 Mix Design Argos D 1000000 1083 4000 psi Concrete for Valve Pads, Inlets, Structures, Headwalls, Thrust Blocking 19/9/2022 03 30 00 Mix Design Argos D 1000000 1685 4000 psi Concrete for Valve Pads 19/9/2022 03 30 00 Mix Design Argos D10000005751 750 Psi Concrete Base for Trench Repair 19/9/2022 03 30 00 Mix Design Argos D 1000000 16814000 psi Concrete for Headwalls, Retaining Walls, Box Culverts, Valley Gutters 19/9/2022 03 30 00 Mix Design Big D Concrete 7SKGRT 3000 psi Concrete for Grouting 19/9/2022 03 30 00 Mix Design Big D Concrete 14500AE 4500 psi Concrete for High Early Strength Paving 1 5/2/2023 32 13 13 Mix Design Big D Concrete CM14520AE 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Big Town Concrete 452065-1 4500 psi hand placed paving 19/9/2022 03 30 00 Mix Design Big Town Concrete 450065-1 4500 psi hand placed paving 19/9/2022 03 30 00 Mix Design Bumco Texas 45U500BG 4500 psi Concrete Mix for Hand Placed Paving, Storm Structures 19/9/2022 03 30 00 Mix Design Bumco Texas 40U553BG 4000 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Bumco Texas 55UI20AG 4000 psi Concrete Mix for High Early Strength Paving 19/9/2022 03 30 00 Mix Design Bumco Texas 30U100AG 3000 psi Concrete Mix for Pipe Collars, Inlets, Thrust Blocks, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Bumco Texas 30U101AG 3000 psi Concrete Mix for Flatwork I9/9/2022 03 30 00 Mix Design Bumco Texas 30U500BG 3000 psi Concrete Mix for Blocking, Encasement, Curb Inlets, Junction Boxes, Fire Hydrant Pads, Driveways, Curb & Gutters, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Bumco Texas 40U500BG 4000 psi Concrete Mix for Storm Drain Structures, Driveways, Screen Walls, Collars 19/9/2022 03 30 00 Mix Design Bumco Texas 36U500BG 3600 psi Concrete Mix for Lighting and Traffic Signal Foundations 19/9/2022 03 30 00 Mix Design Bumco Texas 08Y450BA 800 psi Concrete Mix for Base for Trench Repair 19/9/2022 03 30 00 Mix Design Bumco Texas 01 Y690BF 100 psi Concrete Mix for Flowable Fill 14/1/2023 03 34 16 Mix Design Bumco Texas 1OYH50BF 1000 psi Concrete Base Material for Trench Repair 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC602021 4500 psi concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC552091 3600 psi for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC602091 3600 psi for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC359101 Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Carder Concrete FWFF237501 Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC602001 4000 psi Concrete for Storm Drain Structures, Manholes, Headwalls, Retaining Walls, Valley Gutters, Drive Approaches 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC502021 3500 psi concrete for Sidewalks, Driveways, Ramps, Curb & Gutter 19/9/2022 03 30 00 Mix Design Carder Concrete FWCC502001 3000 psi for Sidewalks, Driveways, Ramps, Curb & Gutter, Flatwork 19/9/2022 03 30 00 Mix Design Charley's Concrete 4142 3600 psi Concrete for Curb Inlets, Junction Boxes 19/9/2022 03 30 00 Mix Design Charley's Concrete 4518 4000 psi Concrete for Headwalls, Wingwalls 19/9/2022 03 30 00 Mix Design Charley's Concrete 5167 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Charley's Concrete 4609 4500 psi Concrete Mix for Hand Placed Paving, Manholes 19/9/2022 03 30 00 Mix Design Charley's Concrete 6103 4500 psi Concrete Mix for Hand Placed Paving, Manholes 19/9/2022 03 30 00 Mix Design Charley's Concrete 4502 3000 psi Concrete Mix for Sidewalks 19/9/2022 03 30 00 Mix Design Charley's Concrete 3759 3000 psi Concrete Mix for Sidewalks 19/9/2022 03 30 00 Mix Design Charley's Concrete 1502 150 psi Concrete for Flowable Fill-CLSM 19/9/2022 03 30 00 Mix Design Charley's Concrete 1518 150 Psi Concrete for Flowable Fill-CLSM 19/9/2022 03 30 00 Mix Design Charley's Concrete 5642 4000 psi Concrete for Storm Drain Structures 19/9/2022 03 30 00 Mix Design Charley's Concrete 6595 5000 psi Concrete Mix for High Early Strength Paving 19/9/2022 03 30 00 Mix Design Charley's Concrete 6589 4500 psi Concrete Mix for High Early Strength Paving 19/9/2022 03 30 00 Mix Design Chisholm Trail Redi Mix CI3020AE 3000 psi Concrete for Driveways, Curb & Gutter 19/9/2022 03 30 00 Mix Design City Concrete Company 11-350-FF 50-150 psi Concrete for Flowable Fill-CLSM FORT WORTH: CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT Approval Spec No. STANDARD PRODUCTS LIST AS OF 10/04/2023 Classification NI,mul-tur" Model No. National Spec 1 Concrete (Continued) 19/9/2022 03 30 00 Mix Design City Concrete Company 30HA25II 3000 psi Concrete for Rip -Rap 19/9/2022 03 30 00 Mix Design City Concrete Company 30HA20II 3000 psi Concrete Mix for Blocking, Sidewalks, Flatwork, Pads 19/9/2022 03 30 00 Mix Design City Concrete Company 45NG25II 3600 psi Concrete Mix for Drilled Shafts/Lighting and Traffic Signal Foundations 19/9/2022 03 30 00 Mix Design City Concrete Company 50QG25H 3600 psi Slurry Displaced Drilled Shaft 19/9/2022 03 30 00 Mix Design City Concrete Company 45NA20II 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design City Concrete Company 36LA2011 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design City Concrete Company 36JA001 J 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design City Concrete Company 40LA2011 4000 psi Concrete Mix for Storm Drain Structures 1 11/16/2022 03 30 00 Mix Design City Concrete Company CLNG25I13600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundations 1 5/5/2023 03 30 00 Mix Design City Concrete Company CCNA25OAG 3600 psi Concrete for Drilled ShaftsLighting and Traffic Signal Foundations 15/5/2023 03 30 00 Mix Design City Concrete Company CSSQA25OAG 3,600 psi Concrete for Slurry Displacement Shafts, Underwater Shafts 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 250 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 350 3000 psi Concrete Mix for Sidewalks, Driveways, ADA Ramps 19/9/2022 03 34 13 Mix Design Cow Town Redi Mix 9 70 psi Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Cow Town Redi Mix 9-5-2 70 psi Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Cow Town Redi Mix 220-8 50 psi Concrete Mix for Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Cow Town Redi Mix 320-8 50 psi Concrete Mix for Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 230-8 750 psi Concrete Base Material for Trench Repair 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 330-58 750 psi Concrete Base Material for Trench Repair 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 353 3000 psi Concrete Mix for Sidewalks, ADA Ramps, Driveways, Curb & Gutter, Safety End Treatments, Non-TxDOT Retaining Walls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 253-W 3000 psi Concrete Mix Sidewalks, ADA Ramps, Driveways, Curb & Gutter, Safety End Treatments, Non-TxDOT Retaining Walls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260 4000 psi Concrete Mix for Bridge Slabs, Box Culverts, Headwalls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260-1 3600 psi Concrete Mix for Headwalls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 260-2 3600 psi Concrete Mix for Box Culverts, Headwalls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 360 4000 psi Concrete Mix for Bridge Slabs, Box Culverts, Headwalls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 360-1 3600 psi Concrete Mix for Box Culverts, Headwalls, Wingwalls 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 264-N 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 366 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 265 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 365 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370-NC 4500 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370-lNC 5000 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 375-NC 5000 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 267 4200 psi Concrete Mix for Manholes and Drainage Structures 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 270 5000 psi Concrete Mix for Cast -in -Place Box Culverts 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 370 5000 psi Concrete Mix for Cast -in -Place Box Culverts 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255-2 3000 psi Concrete Mix for Inlets, Thrust Blocking, Concrete Encasement 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 257 3600 psi Concrete mix for Valley Gutters 1 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 34 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi Concrete Mix for Machine Placed Paving 19/9/2022 35 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255-LP 3000 psi Concrete Mix for Curb & Gutter 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 355-LP 3000 psi Concrete Mix for Curb & Gutter 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 255 3500 psi Concrete Mix for Flatwork, Inlets, Thrust Blocking Concrete Encasement 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 355 3000 psi Concrete Mix for Inlets, Thrust Blocking, Concrete Encasement 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 365-STX 4000 psi Concrete for Bridge slabs, top slabs of direct traffic culverts, approach slabs 19/9/2022 03 30 00 Mix Design Cow Town Redi Mix 357 3600 psi Concrete Mix for Valley Gutters 16/21/2023 03 30 00 Mix Design Cow Town Redi Mix 360-DS 3600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundation 1 1/18/2023 03 30 00 Mix Design Cow Town Redi Mix 380-NC 4500 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4000 4000 psi Concrete for for Sidewalks, Ramps, Headwalls, Inlets, and Storm Drain Structures 19/9/2022 03 30 00 Mix Design GCH Concrete Services GCHVS 4000 psi Concrete for Machine Placed Paving 19/9/2022 03 30 00 Mix Design GCH Concrete Services GCH4500 4500 psi Concrete Hand Placed Paving 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates C47PV5E5 3000 psi Concrete for Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-70J23504 3000 psi Concrete for Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-147QW5D5 3000 psi Concrete Mix for Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-056PS5D5 4000 psi Concrete Machine Placed Paving 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR-161UV5DM 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 2MWR- I OMQS50N 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 161PSSEM 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates C47PV5E5 3000 psi Concrete Mix for Sidewalks, ADA Ramps 14/7/2023 03 30 00 mix Design Ingram Concrete & Aggregates 1OLQS50N 3,600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 19/9/2022 03 30 00 Mix Design Ingram Concrete & Aggregates 161PS5EM 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1551 3000 psi Concrete Mix for Blocking FORT WORTH: CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 10/04/2023 Approval Spec No. Classification Manufacturer Model No. National Spec Concrete(Continued) 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5177 3000 psi Concrete Mix for Sidewalks 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1261 3000 psi Concrete Mix for Sidewalks 19/9/2022 4 30 00 Mix Design Holcim - SOR, Inc. 2125 4500 psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1701 4000 psi Concrete Mix for Storm Drain Structures, Sanitary Sewer Manholes, Junction Box 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5409 4000 psi Concrete Mix for Sidewalks, Inlets 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 5507 4500 psi Concrete Mix for Hand Placed Paving 1 12/15/2022 3 30 00 Mix Design Holcim - SOR, Inc. 3741 100 psi concrete for flowable flll/CSLM 19/9/2022 04 30 00 Mix Design Holcim - SOR, Inc. 5017 200 psi Concrete for Base Material for Trench Repair 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 9600 3600 psi Concrete for Drill Shafts/Lighting and Traffic Signal Foundations 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1851 4500 psi Concrete for Storm Drain Structures, Hand Placed Paving 1 12/5/2022 4 30 00 Mix Design Holcim - SOR, Inc. 1822 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 19/9/2022 03 30 00 Mix Design Holcim - SOR, Inc. 1859 4000 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 14/7/2023 03 30 00 Mix Design Liquid Stone C301D 3,000 psi Concrete for Sidewalks, Approaches, and Driveways. 14/27/2023 03 30 00 Mix Design Liquid Stone C361DNFA 3,600 psi Concrete for Retaining wall, driveway, junction box apron, approach 14/7/2023 03 30 00 Mix Design Liquid Stone C361DHR 3,600 psi Concrete for Drilled Shaft/Lighting and Traffic Signal Foundations 1 1/24/2023 03 30 00 Mix Design Liquid Stone C451DHR-A 4500psi Concrete for HES Paving 19/9/2022 03 30 00 Mix Design Martin Marietta R2132214 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta D9490SC 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2131214 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2131314 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2136014 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2136214 3,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2141224 4,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2141024 4,000 psi Concrete for Sidewalks & Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2136224 3,600 psi Concrete for Curb Inlets 19/9/2022 03 30 00 Mix Design Martin Marietta R2141233 3,600 psi Concrete for Storm Structures, Inlets, Blocking & Encasement 19/9/2022 03 30 00 Mix Design Martin Marietta FLOW25A 50 psi Concrete for Flowable Fill/CLSM 19/9/2022 03 30 00 Mix Design Martin Marietta R2142233 3,600 psi Concrete for Manholes, Inlets & Headwalls 19/9/2022 03 30 00 Mix Design Martin Marietta R2146333 3,600 psi Concrete for Manholes, Inlets & Headwalls, Concrete Encasement 19/9/2022 03 30 00 Mix Design Martin Marietta R21412304,000 psi Concrete for Manholes, Inlets & Headwalls, Valve Pads 19/9/2022 03 30 00 Mix Design Martin Marietta R2146035 4,000 psi Concrete for Manholes, Inlets & Headwalls, Valve Pads 19/9/2022 03 30 00 Mix Design Martin Marietta R2146335 4,500 psi Concrete for Hand Placed Paving, Inlets, Storm Drain Structures 111/2/2022 32 13 13 Mix Design Martin Marietta Q214IN27 4,000 psi Concrete for Machine Placed paving 111/2/2022 32 13 13 Mix Design Martin Marietta Q214IK30 4,000 psi Concrete for Machine Placed Paving 111/2/2022 32 13 13 Mix Design Martin Marietta R2146N36 4,500 psi Concrete for Hand Placed Paving 1 11/15/2022 33 13 13 Mix Design Martin Marietta R2146K36 4,500 psi Concrete for Hand Placed Paving 1 11/15/2022 3413 13 Mix Design Martin Marietta R21461`36 4,500 psi Concrete for Hand Placed Paving 111/2/2022 32 13 13 Mix Design Martin Marietta R2146K36 4,500 psi Concrete for Hand Placed Paving 111/2/2022 32 13 13 Mix Design Martin Marietta R2146N35 / 6.11 sacks / 4,500 psi concrete for Hand Place Paving, Inlets, Manholes, Headwalls 111/2/2022 32 13 13 Mix Design Martin Marietta R2146K34 4,000 psi Concrete for Inlets, Manholes, Headwalls 111/2/2022 32 13 13 Mix Design Martin Marietta R2141N24 4,000 psi Concrete for Sidewalks and Ramps 111/2/2022 32 13 13 Mix Design Martin Marietta R2141K24 4,000 psi Concrete for Junction Boxes, Sidewalks and Ramps 19/9/2022 03 30 00 Mix Design Martin Marietta R2146038 4,500 psi Concrete for Inlets, Storm Drain Structures 19/9/2022 03 30 00 Mix Design Martin Marietta R2146036 4,500 psi Concrete for Hand Placed Paving, Inlets 19/9/2022 03 30 00 Mix Design Martin Marietta R2146042 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Martin Marietta R2146242 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Martin Marietta R2146236 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Martin Marietta D9493SC 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Martin Marietta R2147241 4,500 psi Concrete for Hand Placed Paving 14/l/2023 32 1320 Mix Design Martin Marietta R2136N14 / 5.00 sacks / 3,000 psi concrete for Sidewalks 14/l/2023 03 30 00 Mix Design Martin Marietta R2146P33 / 6.01 sacks / 4,000 psi concrete for Bridge Deck 14/l/2023 03 30 00 Mix Design Martin Marietta R2146033 4,000 psi Concrete for Riprap 14/7/2023 32 1320 Mix Design Martin Marietta R2136K14 3,000 psi concrete for sidewalks and ramps 14/7/2023 32 13 13 Mix Design Martin Marietta R2161K70 6,000 psi (3,000 psi (& 24lux) for HES Paving 14/l/2023 03 30 00 Mix Design Martin Marietta 310LBP 3,600 psi Concrete for Retaining Walls 1 5/22/2023 32 13 13 Mix Design Martin Marietta R2146K37/6.22 sack / 4,500 psi Concrete for Hand Placed Paving 14/l/2023 03 30 00 Mix Design Martin Marietta R2141030 4,000 psi Concrete for Riprap FORT WORTH: CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT Approval Spec No. STANDARD PRODUCTS LIST AS OF 10/04/2023 Classification Manufacturer Model No. National Spec 1 Concrete(Conthmed) 1 5/3/2023 03 30 00 Mix Design Martin Marietta M7842344 4,000 psi Concrete for Bridge Deck 16/1/2023 32 1320 Mix Design Martin Marietta R2136R20 3,000 psi Concrete for Sidewalks and Ramps 16/1/2023 32 13 20 Mix Design Martin Marietta R2136N20 3,000 psi Concrete for Sidewalks and Ramps 16/27/2023 03 30 00 Mix Design Martin Marietta U2146N41 / 6.44sacks / 3,600 psi Concrete for Drilled Shafts / Lighting and Traffic Signal Foundations 16/27/2023 03 30 00 Mix Design Martin Marietta U2146K45 / 6.65 sacks / 3,600 psi Concrete for Drilled Shafts / Lighting and Traftc Signal Foundations 1 8/4/2023 03 30 00 Mix Design Martin Marietta U2146R41 / 6.44 sacks / 4,500 psi Concrete for Drilled Piers/Light Pole bases. 1 8/4/2023 03 30 00 Mix Design Martin Marietta R2136R14 / 5.00 sacks / 3,500 psi Concrete for Sidewalks and Ramps 1 8/4/2023 32 1320 Mix Design Martin Marietta R2141R24 / 5.53 / 4,000 psi Concrete for Junction Box, Box Culvert, Sidewalks and Ramps. 1 8/4/2023 03 30 00 Mix Design Martin Marietta R2146R35 / 6.11 / 4,500 psi Concrete for Inlets, Manholes, and Headwalls 1 8/4/2023 32 13 13 Mix Design Martin Marietta R2146R36 / 6.17 / 4,500 psi Concrete for Hand Placed Paving 1 8/30/2023 03 30 00 Mix Design Martin Marietta R2141R30 / 5.85 SK / 4,000 psi Concrete for Box Culverts & Headwalls 1 8/4/2023 32 13 13 Mix Design Martin Marietta Q2141R27 / 5.69 sacks / 4,000 psi Concrete for Machine Placed Paving 19/9/2022 32 1320 Mix Design NCS Redi Mix NCS5020A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalks 19/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-YY 3000 psi Concrete Mix for Curb Inlets 19/9/2022 03 30 00 Mix Design NBR Ready Mix TX C-NY 3000 psi Concrete Mix for Curb Inlets 19/12/2023 03 30 00 Mix Design NBR Ready Mix CLS Pl-YY / 6.00 Sacks / 4,000 psi Concrete for Collars, Manholes, Box Culverts 1 10/4/2023 03 30 00 Mix Design NBR Ready Mix CLS A-YY / 5.00 Sacks / 3,000 psi Concrete for Sidewalks & Ramps, and Curb & Gutter 1 10/4/2023 03 30 00 Mix Design NBR Ready Mix CLS A -NY/ 5.00 Sacks / 3,000 psi Concrete for Sidewalks & Ramps, and Curb & Gutter 1 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY / 5.50 Sacks / 3,600 psi Concrete for Machine Placed Paving 1 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF -NY 5.50 Sacks / 3,600 psi Concrete for Machine Placed Paving 1 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-YY / 6.50 Sacks / 4,500 psi Concrete for Hand Placed Paving 1 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-NY / 6.50 Sacks / 4,500 psi Concrte for Hand Placed Paving 1 10/4/2023 03 34 13 Mix Design NBR Ready Mix FTW FLOW FILL / 150 psi concrete for Flowable 17/10/2023 03 30 00 Mix Desing Osborn 30A50MR / 5 SK / 3,000 psi Concrete for Sidewalks 17/10/2023 32 13 13 Mix Design Osborn 45A60MR / 6 SK / 4,500 psi Concrete for Hand Placed Paving 1 1/24/2023 03 30 00 Mix Design Rapid Redi Mix RRM6320AHP 4500 psi Concrete for Hand Placed Paving 1 1/24/2023 03 30 00 Mix Design Rapid Redi Mix RRM5525A 3600 psi Concrete for Valley Gutters, Sidewalks, Approaches, ADA Ramps 11/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM6020ASS 4000 psi Concrete for Strom Drain Structures 1 1/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM5320A 3000 psi Concrete for Blocking 1 1/18/2023 03 30 00 Mix Design Rapid Redi Mix RRM5020A 3000 psi Concrete for Curb, Gutter, Driveways, Sidewalk, Ramps 19/9/2022 03 30 00 Mix Design Redi-Mix DCA2E554 3000 psi Concrete Mix for Rip Rap 19/9/2022 03 30 00 Mix Design Redi-Mix V0J11524 3000 psi Concrete Mix for Curb & Gutter 19/9/2022 03 34 13 Mix Design Redi-Mix FOCI 0021 215 psi Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Redi-Mix 1OJ11524 3000 psi Concrete Mix for Driveways, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Redi-Mix 1OJ11504 3000 psi Concrete Mix for Sidewalks 19/9/2022 03 30 00 Mix Design Redi-Mix 1 OLI 1504 3,600 psi Concrete Mix for Sidewalks, Curb & Gutter 19/9/2022 03 30 00 Mix Design Redi-Mix 1OL11524 3600 psi Concrete Mix Manholes, Inlets, Junction Boxes, Headwalls 19/9/2022 03 30 00 Mix Design Redi-Mix 1RJ11524 3500 psi Concrete Mix for Thrust Blocks, Valve Pads 1 9/29/2022 03 30 00 Mix Design Redi-Mix 1 OL21524 4000 psi Concrete Mix for Manholes 19/9/2022 03 30 00 Mix Design Redi-Mix 15611524 4000 psi Concrete Mix for Cast -in -Place Storm Drain Structures 19/9/2022 03 30 00 Mix Design Redi-Mix 1OL115E4 3600 psi Concrete Mix for Bridge substructures 19/9/2022 03 30 00 Mix Design Redi-Mix 156115D4 4000 psi Bridge Slabs 19/9/2022 03 34 13 Mix Design Redi-Mix F35238VN 100 psi Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Redi-Mix FOD138VM 100 psi Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Redi-Mix 1OJ11554 3000 psi Concrete Mix for Rip -Rap 19/9/2022 03 30 00 Mix Design Redi-Mix POG138K9 1000 psi Concrete Mix for Trench Repair Base Material 19/9/2022 03 30 00 Mix Design Redi-Mix 1OK11524 3600 psi Concrete Mix for Encasement 19/9/2022 03 30 00 Mix Design Redi-Mix 1 ON11507 4500 psi (2600 psi @ 24 hrs.) Concrete Mix for HES Paving 19/9/2022 03 30 00 Mix Design Redi-Mix 1ON11504 5000 psi (3600 psi @ 2 days) Concrete Mix for HES Paving 19/9/2022 03 30 00 Mix Design Redi-Mix 50KI1524 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Redi-Mix 1 OM115D4 4500 psi Concrete Mix for Hand Placed Paving, Storm Drain Structures 19/9/2022 03 30 00 Mix Design Redi-Mix 1 OMI 1524 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Redi-Mix 1OM11504 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Redi-Mix 145CD5P4 4500 psi Concrete Mix for Hand Placed Paving, Storm Drain Structures 1 11/2/2022 03 30 00 Mix Design Redi-Mix 145P25P4 4500 psi Concrete for Storm Drain Structures 1 12/5/2022 03 30 00 Mix Design Redi-Mix 1 OK115C4 3500 psi Concrete for Thrust Blocks, Valve Pads 1 12/5/2022 03 30 00 Mix Design Redi-Mix 156115C4 4000 psi Concrete for CIP Storm Drain Structures 1 12/5/2022 03 30 00 Mix Design Redi-Mix 1OL115C4 3600 psi Concrete for Manhole, Inlet, Junction Box, Headwall 15/15/2023 03 30 00 Mix Design Redi-Mix 80LI15135 3600 psi Concrete for Drilled Shafts/Lighting and Traffic Signal Foundations 15/15/2023 03 30 00 Mix Design Redi-Mix 1ONI ISD6 Slurry Displacement Shafts, Underwater Drilled shafts 19/9/2022 03 34 13 Mix Design SRM Concrete 30000 3,000 psi Concrete for Sidewalks and Ramps, Curb & Gutter 19/9/2022 03 34 13 Mix Design SRM Concrete 40050 4,000 psi Concrete for Headwalls, Retaining Wall, Collars 19/9/2022 03 30 00 Mix Design SRM Concrete 35023 3,600 psi Concrete for Machine Placed Paving 19/9/2022 03 30 00 Mix Design SRM Concrete 40068 3,600 psi Concrete for Machine Placed Paving 19/9/2022 03 30 00 Mix Design SRM Concrete 45000 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design SRM Concrete 45300 4,500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design SRM Concrete 40326 4,500 (3,00 @ 3-days) psi Concrete for HES Paving FORT WORTH: CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT Approval Spec No. STANDARD PRODUCTS LIST AS OF 10/04/2023 Classification Nl.riul-tur- Model No. National Spec 1 Concrete(Continued) 1 10/10/2022 03 30 00 Mix Design SRM Concrete 35000 3600 psi Concrete for Sewer Manholes 1 10/10/2022 03 30 00 Mix Design SRM Concrete 35300 3600 psi Concrete for Swere Manholes 19/9/2022 03 30 00 Mix Design SRM Concrete 35022 3,600 psi Concrete for Junction Box, Retaining Walls 19/9/2022 03 30 00 Mix Design SRM Concrete 30050 3,000 psi Concrete for Sidewalks, Ramps, Inlets, Junction Boxes, Thrust Blocks, Curb and Gutter, Driveways, Barrier Ramp 12/10/2023 03 30 00 Mix Design SRM Concrete 50310 5,000 psi Concrete for HES Paving 1 1/13/2023 32 13 13 Mix Design SRM Concrete 45023 4,500 psi Concrete for Hand Placed Paving 1 5/5/2023 03 30 00 Mix Design SRM Concrete D100008553CB 4,000 psi Concrete for Bdridge Approach Slab, Deck Slab 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW60AHP 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW6020AHP 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete TCFW6020AHP 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW7520AMR 4500 (3000 psi @ 3-days) psi Concrete HES Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW6520AMR 4500 (3000 psi @ 3-days) psi HES Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW5520AMP 3600 psi Concrete for Machine Placed Paving 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW5320A 3000 psi Concrete Mix for Blocking 19/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF150CLSM 50-150 psi Flowable Fill - CLSM 19/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF275 50-150 psi Flowable Fill - CLSM 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW6020A2 4000 psi Concrete Mix for Storm Drain Structures 1 10/10/2022 03 30 00 Mix Design Tarrant Concrete TCFW6025A2 4000 psi Concrete for Manholes 1 10/10/2022 03 30 00 Mix Design Tarrant Concrete TCFW5020A 3000 psi Concrete for Sidewalks 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW5025A 3000 psi Concrete Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design Titan Ready Mix 3020AE 3000 psi Concrete for Sidewalks 19/9/2022 03 30 00 Mix Design Tarrant Concrete CP5020A 3000 psi Concrete Mix for Curb and Gutter 19/9/2022 03 30 00 Mix Design Tarrant Concrete FW5525A2 3600 psi Concrete Mix for Sidewalks, Drive Approaches, ADA Ramp 19/9/2022 03 30 00 Mix Design Titan Ready Mix TRC4520 4500 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0250.230 3000 psi Concrete Mix for Flatwork, Curb & Gutter, Driveways, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 270.230 5000 psi Concrete for Hand Placed Paving 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0250.2301 3000 psi Concret Mix for Curb & Gutter, Driveways, Sidewalks, ADA Ramps 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0260.2302 4000 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0255.2301 3600 psi Concrete Mix for Machine Placed Paving 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0260.2301 4500 psi Concrete Mix for Hand Placed Paving 19/9/2022 03 30 00 Mix Design True Grit Redi Mix 0265.2301 4500 psi Concrete Mix for Valley Gutters, Hand Placed Paving 19/9/2022 03 3000 Mix Design Wise Redi Mix 3678 3600 psi Concrete Mix for Lighting and Traffic Signal Foundations A9v ftalt Pavinv 19/9/2022 322 16 Mix Design Austin Asphalt FT5D137965 PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design Austin Asphalt DA513135965 PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design Austin Asphalt FT5B117965 PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design Austin Asphalt FTIB139965 PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design Austin Asphalt FT1B117.2 PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design Reynolds Asphalt 1901D PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design Reynolds Asphalt 1112B PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design Reynolds Asphalt 1612B PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design Surmount Paving 341DV6422 PG64-22 Type D Fine Surface 1 11/26/2022 32 1216 Mix Design Surmount Paving 340DV6422 PG64-22 Type D Fine Surface 1 12/5/2022 33 1216 Mix Design Surmount Paving 3076B V6422 PG62-22 Type B Fine Base 19/9/2022 32 12 16 Mix Design Sunmount Paving 341-BRAP6422ERG PG64-22 Type B Fine Base 19/9/2022 32 1216 Mix Design TXBIT 37-211305-20 PG64-22 Type B Fine Base 19/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 P664-22 Type B Fine Base 19/9/2022 32 1216 Mix Design TXBIT 211305 (1757) PG64-22 Type B Fine Base 19/9/2022 32 12 16 Mix Design TXBIT 222475 (1857) PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design TXBIT 29-222475-19 PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design TXBIT 1-222475-20 PG64-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design TXBIT 64-224125-18 PG70-22 Type D Fine Surface 19/9/2022 32 1216 Mix Design TXBIT 12-222475-19 P664-22 Type D Fine Surface Detectable Warnin Surface 19/9/2022 32 13 20 D 1 - Pavers Pine Hall Brick (Winston Salem, NC) Tactile Pavers 19/9/2022 32 1320 DWS - Pavers Western Brick Co. (Houston, TX) Detectable Warning Pavers 19/9/2022 32 13 20 DWS - Composite Engineered Plastics, Inc. (Williamsville. Armor Tile 19/9/2022 32 13 20 DWS - Composite ADA Solutions (Wilmington, MA) Heritage Brick CIP Composite Paver 14/7/2023 32 13 20 DWS - Pavers ADA Solutions (Wilmington, MA) Detectable Warning Pavers FORT WORTH. CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT Approval Spec No. STANDARD PRODUCTS LIST AS OF 10/04/2023 Classification Nla.ul-turv, Model No. National Spec Silicone Joint Sealant 19/9/2022 1113 Joint Sealant Dow 890SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 19/9/2022 32 13 73 Joint Sealant Tremco 900SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 19/9/2022 �12 32 1373 Joint Sealant Pecora 300SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 19/9/2022 32 1373 Joint Sealant Crafco RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 Utility Trench Embedment Sand 19/9/2022 33 05 10 Embedment Sand Silver Creek Materials Utility Embedment Sand ASTM C33 19/9/2022 33 05 10 Embedment Sand Crouch Materials Utility Embedment Sand ASTM C33 19/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 19/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 19/9/2022 33 05 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand ASTM C33 Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 19/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD) MHRC #220605 (Size - **24" Dia.) ASTM A48 AASHTO M306 19/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 (Size - 32" Dial ASTM A48 AASHTO M306 19/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged) (Size - 32" Dial ASTM A48 AASHTO M306 19/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 (Size - 32.25" Dia.) ASTM A48 AASHTO M306 19/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-HV (Size - 32" Dia.) ASTM A48 AASHTO M306 14/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++ 2279ST (Size - 24" Dial ASTM A48 AASHTO M306 14/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++ 2280ST (Size - 32" Dia.) ASTM A48 AASHTO M306 1 10/8/2020 33 05 13 Manhole Frames and Covers EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A (Size - 32.25" Dia.) ASTM A536 AASHTO M306 **Note: AM new development and new installation manhole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 0513. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames anticovers. FORT WORTH: CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT Approval Spec No. STANDARD PRODUCTS LIST AS OF 10/04/2023 Classification NI,mul-turt, Model No. National Spec 1 Storm Sewer - Inlet & Structures 33-05-13 110/8/2020 33 49 20 Curb Inlets Forterrra FRT-I0x3-405-PRECAST** (Size - 10' X 3') ASTM C913 110/8/2020 33 49 20 Curb Inlets Forterrra FRT-I0x3-406-PRECAST** (Size - 10' X 31 ASTM C913 110/8/2020 33 49 20 Curb Inlets Forterrra FRT-I0x4.5-407-PRECAST** (Size - 10' X 4.5') ASTM C913 110/8/2020 33 49 20 Curb Inlets Forterrra FRT-I0x4.5-420-PRECAST** (Size - 10' X 4.5') ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-4X4-409-PRECAST-TOP (Size - 4' X 4� ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-4X4-409-PRECAST-BASE (Size - 4' X 4� ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-SX5-410-PRECAST-TOP (Size - 5' X 5') ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-5X5-410-PRECAST-BASE (Size - TX 5) ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-6X6-411-PRECAST-TOP (Size - 6' X fl ASTM C913 110/8/2020 33 3920 Manhole Forterrra FRT-6X6-411-PRECAST-BASE (Size - 6' X 6� ASTM C913 13/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-lOX3-405-PRECAST INLET** (Size - 10' X 3) ASTM 615 13/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG- 1 5X3-405-PRECAST INLET** (Size - 15' X 3') ASTM 615 13/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-20X3-405-PRECAST INLET** (Size - 20' X 7) ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP (Size - 4' X 4') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST BASE (Size - 4' X 4') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP (Size - 5' X 5') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE (Size - 5' X T) ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-6X6-41 1 -PRECAST TOP (Size - 6' X 6') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-6X6-41 1 -PRECAST BASE (Size - 6' X 61 ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6� ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-7X7-41 1 -PRECAST TOP (Size - TX 71 ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-7X7-41 1 -PRECAST BASE (Size - TX T) ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER (Size - TX T) ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-8X8-41 1 -PRECAST TOP (Size - 8' X 8') ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-8X8-41 1 -PRECAST BASE (Size - 8' X 81 ASTM 615 13/19/2021 33 3920 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X ASTM 615 13/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET (Size - 4' X 4) ASTM 615 13/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET (Size - 5' X 5') ASTM 615 13/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET (Size - 6' X 6) ASTM 615 18/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Stacked Manhole (Size - 4' X 4) ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box (Size - 5' X 8') ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Storm Junction Box (Size - TX T) ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 5' Storm Junction Box (Size - 5' X 5') ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 6' x 6' Storm Junction Box (Size - 6' X 6') ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 81 ASTM C478 18/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box Base (Size - 5' X 8� ASTM C478 18/28/2023 33 49 10 Manhole Rinker Materials Reinforced 48" Diameter Spread Footing Manhole (Size - TX 4') ASTM C433 18/28/2023 33 3920 Curb Inlet 10 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 18/28/2023 33 3920 Curb Inlet 15 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 18/28/2023 33 3920 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 **Note: Pre -cast inlets are appoved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to be cast in place. No exceptions to this requirement shall be allowed. Storm Sewer - Pipes & Boxes 33-05-13 14/9/2021 33 41 13 Storm Drain Pipes Advanced Drainage Systems, Inc. (ADS) ADS III? Storm Polvpropvlene (PP) Pipe (Size - 12" - 60") ASTM F2881 & AASHTO M330 18/28/2023 3349 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger) ASTM C76, C655 18/28/2023 33 49 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various) ASTM C789, C850 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) _ 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/13412113792 04/26/00 33 05 13 Offset Joint for 4' Dim. MH Hanson Concrete Products Drawing No 35-0048-001 04/26/00 33 0513 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 2504G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water WNW81^Manholes & Bases/Fiberelass 33-39-13 (1 1/26/99 3339 13 Fiberglass Manholc Fluid Containment, Inc. Flowtte ASTM 3753 Non -traffic —a 09/30/06 33 39 13 Fiberglass Manholc L.F. Manufacturing Non -traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectaneular 33-05-13 (Rev 2/3/ltj) * 33 05 13 MManholc Frames and Covers Western iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) 33 05 13 Manhole Frames and Covers We Mna Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. O8/24/18 33"' 3 " 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 01 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-LM (Hinged) ASTM A48 & AASHTO M306 30" dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Po —al Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pammx/rexus) RE32-R8FS 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V 1432-2 and V 1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 10/14/13 06/01/17 19/16111 10/07/21 * * * 03/08/00 04/20/01 PL 09/23/96 05/09/18 10/27/06 06/09/10 09/06/19 10/07/21 10/07/21 10/07/21 30" ERGO XL Assembly 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP IndusMes 2280 (32") ASTM A 48 CAP-ONE-30-FTW, Composite, w/ Lock 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Bing 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover Water & Sewer - Manholes & Bases/Frames & Covers/Water Tieht & Pressure Tieht 33-05-13 (Rev 2/3/16) 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 33 05 13 Manhole Frames and Covers Neenah Casting 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 Water & Sewer - Manholes & Bases/Precast Concrete ( tev 1/8/13) 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 33 39 10 Manhole, Precast Concrete The Turner Company 333910 Manhole, Precast Concrete Oldeastie Precast Inc. 333910 Manhole, Precast (Reinforced Polymer)Conerete US Composite Pipe 33 39 20 Manhole, Precast Concrete Forterm Pipe and Precast 32 39 20 Manhole, Precast Concrete Forterm Pipe and Precast 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armoroek 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Predl Systems SPL Item #49 48" I D. Manhole w/ 32" Cone 48", 60" I.D. Manhole w/ 32" Cone 48" I D. Manhole w/ 24" Cone Reinforced Polymer Concrete 60" & 72" I.D Manhole w/32" Cone 48" I.D Manhole w/32" Cone 48" & 60" LD Manhole w/32" Cone 48" & 60" I.D Manhole w/32" Cone ASTM C 478 ASTM C-443 ASTM C 478 ASTM C 478 ASTM C 478 ASTM C-76 ASTM C-76 ASTM C-77 ASTM C-478; ASTM C-923, 03/07/23 33 39 20 Manhole, Precast Concrete AmedTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 111120 Manhole, Fracas[ (Reinforced Polymer) Concrete P3 Polymers, RockHazdsop 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polyerete Pipe Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitio EI-14 Manhole Rehab Systems Quadex 04/23/01 EI-14 Manhole Rehab Systems Standard Cement Materials, Inc. EI-14 Manhole Rehab Systems AP/M Perreafonn 4/20/01 EI-14 Manhole Rehab System Strong Company 5/12/03 EI-14 Manhole Rehab System (Liner) Triplex Lining System 09/30/06 General Concrete Repair FlexKrete Technologies Reliner MSP Strong Sea] MS2A Rehab System MH repair product to stop infiltration Vinyl Polyester Repair Product 30" Dia 30" Dia. 30" Dia 30" Dia 24" Dia. 24" Dia. 24" Dia. 24" Dia. 24" Dia. 24" Dia. 48" 48" 48" w/32"cone 48", 60" 48" Diarn w 24" Ring 48" to 72" 60" & 72" 48" 48" & 60" 48" & 60" Non Traffic Areas L �- ASTM D5813 Misc. Use * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 05/20/96 EI-14 Manhole Rehab Systems Spmyroq, Spray Wall Polyurcthanc Coating ASTM D639/D790 12/14/01 Coating for Corrosion protectmn(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIHB, Sl, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Apphcations » >ru »> uwuppiwuug i*uu-rwwcu upixy ruin uur 1-1-9ui wucrcw 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Gmde (Asphatic Emulsion) Structures Only Water & Sewer - Manhole Inserts - Field Operations Use Only Bev 2/3/161 * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel For 24" dia 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, mr. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11,04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casio Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stamless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 3" dim I" 08/24/18 33 I1 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AW WA C150, C151 4" thm 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 4" thin 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AW WA C150, C151 * 33 11 10 Ductile Iron Pipe Mc Wane Cast Iron Pipe Co. AW WA C150, C151 Water & Sewer - Utility Line Marker (08/24/20181 Sewer - Coatines/Eyoxy 33-39-60 (ftjj 13) 02/25/02 Epoxy Loring System Sauereisen, Inc SewerGard 210R5 LA County 9210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Enech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Indmon Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIHB, Sl, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 05/25/18 1 33-31-70 1Air Release Valve I A R.I. USA, Inc. * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc * EI-04 Conc. Pipe, Reinforced Hydro Conduit Corporation * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products * EI-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. System PIM Corporation ourself Systems McLat Construction Systems Trenchless Replacement System D025LTP02(Composite Body) ASTM C 76 Class BI T&G, SPL Item #77 ASTM C 76 ASTM C 76 ASTM C 76 Polyethylene PIM Corp., Piscata Way, N.J. Approved Previously Polyethylene Houston, Texas Approved Previously Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberelass Reinforced/ 33-31-13(1/8/13) 7111117 03/22/10 04/09/21 33 31 13 33 31 13 3331 13 Cent. Cast Fiberglass (FRP) Fiberglass Pipe (FRP) Glass -Fiber Reinforced Polymer Pipe (FRP) Hobas Pipe USA, Inc. Ameron Thompson Pipe Group Hobos Pipe (Non -Pressure) Bondstmnd RPMP Pipe Thompson Pipe (Flowtde) ASTM D3262/D3754 ASTM D3262/D3754 ASTM D3262/D3754 03/07/23 33 31 13 Fiberglass Pipe (FRP) Future Pipe Industries Fiberstrong FRP ASTM D3262, ASTM D3681, ASTM D4161, AW WA M45 Sewer - Piye/Polytner Pipe 4/14,05 06/09/10 1 Polymer Modified Concrete Pipe EI-9 Reinforced Polymer Concrete Pipe Amdech USA Meyer Polycrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C33, A276, F477 ASTM C-76 V to 102", Class V Sewer - Pipes/IIDPE 33-31-23(1/8/13) * From Original Standard Products List CITY OF FORT WORTH FORT WORTH® WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer pipe larger than 15 inch diameter shall be approved for use b the Water Department on a project specific basis. Special bedding may be re uied for some pipes. Approval I * High -density, polyethylene pipe Phillips Ddscopipe, Inc. Optiwre Ductile Polyethylene Pipe ASTM D 1248 8" * High -density polyethylene pipe Plexco Inc. ASTM D 1248 8" * High -density, polyethylenc pipe Polly Pipe, Inc. ASTM D 1248 8" High -density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipclifc Jctstrcam PVC Pressure Pipe AWWA C900 4"thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thin 12" Sewer - Pioes/PVC* 33-31-20 (7/1/13) 33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) SDR-26 ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 ASTM D 3034 4" thou 15" * 33-31-20 PVC Sewer Pipe Lamson Vylon Pipe ASTM F 789 4" thou 15" 01/18/18 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer ASTM D3034 4" thou 15" 11/11/98 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation "S" Gravity Sewer Pipe ASTM F 679 18" to 27" * 33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle) SDR 26/35 PS 115/46 ASTM F 679 18" - 28" 09/11/12 33-31-20 PVC Sewer Pipe Pipelife Jet Stream SDR-26 and SDR-35 ASTM F-679 18" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation SDR 26/35 PS 115/46 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" * 33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake) Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 3120 PVC Sewer Pipe Pipeli£e Jet Stream SDR 35 ASTM F679 18"- 24" 3/19/2018 33 3120 PVC Sewer Pipe Pipeli£e Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 3120 Gasketed Finings (PVC) GPK Products, Inc. SDR 26 ASTM D3034/F-679 4"- 15" 10/21/2020 33 3120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 3120 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake) SDR 26/35 PS 115/46 ASTM P-679 18%36" * Place Pipe Insinform TexarkInc ASTM P 1216OS/03/99 �Cu'cd:u Cud n PlacePipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-5813 i 05/29/96 Cured in Place Pipe Reynolds Ine/Inliner Technolgy (Inliner USA) Inliner Technology ASTM F 1216 Sewer - Pipes/Rehab/Fold & Form * Fold and Form Pipe Cullum Pipe Systems, hic. 11/03/98 Fold and Form Pipe Insitiform Technologies, Inc. Insitifonn "NuPIpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc. Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultraliner Ultraliner PVC Alloy Pipeliner ASTM 17-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed 09/26/91 E100-2 PVC Sewer Pipe, Ribbed E100-2 PVC Sewer Pipe, Ribbed 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall I1/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall 05/16/11 Steel Reinforced Polyethylene Pipe Lamson Vylon Pipe Carton Vylon H C Closed Profile Pipe, ASTM F 679 18" to 48" Eztnsion Technologies, Inc. Ultra -Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" Uponor ETI Company Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" Advanced Drainage Systems (ADS) SatuTite I-IP Triple Wall Pipe ASTM F 2764 30" to 60" ConTech Construction Products Dmmaxx ASTM F 2562 24" to 72" * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 1 01/18/18 33-12-10 Double Strap Saddle Ronnie 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" pipe Ik08/28/02 Double Strap Saddle Smith Blair 1317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mucllcr Company DR2S Double (SS) Strap Di Saddle AWWA CM0 I "-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 13450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and I" 10/27/17 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M I %" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 5/21/2011 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co, Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co, Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FB16004-NL, B11-444-WR- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co, Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 1" B-25000N, B-24277N-3, B-20200N-3, H- AW WA C800, ANSF 61, 5/21/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 2" B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co, Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. 9406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) JCM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-IEPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-IEPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-IEPAF FTW Class"A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Be, Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/131 * E 1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" * El-I1 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/141 10/01/87 I I-I2 Dry Barrel Fire Hydrant American -Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/2V88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/2V87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No 6461 -0/14/97 E-1-12 Dry Barrel Fire Hydrant Mueller Company A423 Centurion AWWA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant Amencan Flow Control (AFC) Watemus Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 02/05/93 1 E101-5 Detector Check Meter 08/05/04 Magnetic Drive Vertical Turbine Ames Company I Model lg00 Detector Check Valve AWWAC550 4"-10" HerseyMagnetic Drive Vertical AW WA C701, Class 1 3/4" - 6" * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 Note: All water or sewer Dine larizer than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe re uired for some pipes. Approval 1. Classsification Manufacturer Model No. National (Water - PiDeS/PVC (Pressure Waterl 33-31-70 (01/08/13) F-01/I8/18 33-I1-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTMD1784 4"-12" 3/19/2018 331112 PVC Pressure Pipe Prpelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Prpelife Jet Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 1151018 33 1112 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 UL 1285 4"-28" ANSI/NSF 61 FM 1612 12/6/2018 33 1112 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 r+w' �JL'1i2 Yu-io 16„ 24" 9/6/2019 33 1112 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 331112 PVC Pressure Pipe NAPCO(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 331112 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"-12" 9/6/2019 33 1112 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water Ws & Fittinas/Ductile Iron Fittinvs 33-11-11 (01/08/131 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AW WA CI53 & C110 * EI-07 Ductile Iron Fittings Griffin Pipe Products, Cc Mechanical Joint Fittings AWWA C 110 * EI-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AWWA C 153, C 110, C 111 08/11/98 EI-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 EI-07 MJ Fillings Accucad Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 EI-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA Cl l l/C153 4" to 36" 05/14/98 EI-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle -Lock AW WA CI l l/CI53 4" to I" 11/09/04 EI-07 Ductile Iron Joint Restraints One Bolk Inc. One Bolt Restrained Joint Fitting AWWACIII/CI16/C153 4"to12" 02/29/12 33-I1-I1 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA CI11/CI16/CI53 4" to 42" 02/29/12 33-I1-I1 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI11/CI16/CI53 4" to I" 08/05/04 EI-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA CI l l/CI53 4" to 10" 03/06/19 33-I1-I1 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC94 - SLCS12 AW WA CI l l/CI53 4" to 12" 08/05/04 EI-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA CI l l/CI53 12" to 24" 08/10/98 EI-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - I" 10/12/10 EI-24 Intenor Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 EI-07 Mechanical Joint Fittings SIP Industries(Semmpore) Mechanical Joint Fittings AW WA C153 4" to 24" 11/07/16 33-I1-I1 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA C111 11/07/16 33-I1-I1 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA C111 EZ Grip Joint Restraint (EZD) Black For DIP -3/19/18 33-11-11 Mechanical Joint Retainer Glands SEP Industdes(Scrampore) ASTMA536AWWAC111 V-48" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SEP Industdes(Scrampore) EZ Grip Joint Restraint (EZD) Red for C900 ASTM A536 AWWA C111 4"-12" DR14 PVC Pipe 03/19/18 33-I1-I1 Mechanical Joint Retainer Glands SEP Industries(Serampore) c�—paemrNeTM ar4reeu mrc,yw ASTM A536AWWA ClIl 16"-24" �l Water - Pioes/Valves & Fittinas/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 09/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AWWA C515 16" 10/24/00 EI-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 EI-26 Resilient Wedge Gate Valve American AVK Company American, AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 EI-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller * EI-26 Resilient Seated Gate Valve Kennedy 4" - 12" * EI-26 Resilient Seated Gate Valve M&H 4" - 12" * EI-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AWWAC515 42" and 48" 01/28/88 EI-26 Resilient Wedge Gate Valve Clow Valve Co. AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" I1/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) 05/08/91 EI-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" * EI-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Menoseal 250, requacroa rs SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) EJ Fl—Master Crate Valve & Boxes 018/24/19 Mateo Gate Valve Mateo -Nona 225 MR AWWA/ANSI C115/An21.15 4" to 16" * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/07/2023 * EI-30 Rubber Seated Butterfly Valve Henry Pratt Co. AWWA C-504 24" * EI-30 Rubber Seated Butterfly Valve Mueller Co. AWWA C-504 24"and smaller 1/I1/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AWWA C-504 24" and larger 06/12/03 E1-30 Valmahc American Butterfly Valve Vuba nc Valve and Manufacturing Corp. Valmanc American Butterfly Valve. AWWA C-504 Up to 84" diameter 04/06/07 EI-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 331221 Rubber Seated Butterfly Valve G A. Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 30"-54" Water - Polyethylene Encasement 33-11-10 (01/08/13) 05/12/05 EI-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWAC105 8tail LLD 05/12/05 EI-13 Polyethylene Encasmcnt Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AWWAC105 8 mil LLD 05/12/05 EI-13 Polyethylene Encasmcnt AEP Industries Bullstrong by Cowtown Bolt &Gasket AWWAC105 8mit LLD 09/06/19 33-11-11 Polyethylene Encasmcnt Northtown Products Inc. PE Encasement for DIP AWWAC105 8 it LLD Water - Sampling Station 03/07/23 33 12 50 1 Water Sampling Station Eclipse Number 88, 12-inch Depth of Bury As shown in spec. 3312 50 Water - Automatic Flusher 10/21/20 04/09/21 04/09/21 Automated Flushing System Automated Flushing System Automated Flushing System Mueller Hydroguard Kupf le Foundry Company Kupferle Foundry Company HG2-A-IN--2-PVC-018-LPLG(Pemranent) Eclipse #9800wc Eclipse #9700 (Portable) * From Original Standard Products List