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Contract 60457-PM1
CSC No. 60457-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, PA VING, DRAINAGE & STREET LIGHT IMPROVEMENTS TO SERVE SANDER OS PHASE -1 IPRC 22-0238 City Project No.104630 File No. W-2900, X-27644 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Director Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth t n. P ��P�E OF T�9 1►1 S % Quangong Chi j 140511i I111'F !CENSE� G % ! P.E. t11���` Date: 12704/2023 2023 teague nail & perkins 5237 N_ Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.236.5773 ph 8 17.3 36.2813 fx TBPE Registration No. F-230 www.tnpinc.com OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 7 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 A nn�5 nno i�3 nno�3 v11aY1i.u1 vai/,9i} Addend invitation to Biddersn� mTvrrzvzz 07inz in s in�20 0031 15 nno 32 15 nn 35 13 �� lastrdetions to Bidders Engineer Projeet Schedule G rstfuetion Pr-ojeet Sehed„io (`o f1;et ^fr�� ,,:tip �t�r� 03 n�io-r,- ^�$ 071a 02 24/ 00 41 00 Bid Form 03/09/2020 00 42 43 nno 43 13 Proposal Form Unit Price Bid 01/20/2012 nnii�T nn n3 37 vv�T nno -Bond Vendor r�L��Z�O t^ State raw N n fesi off+ a;aao Bidders U-o.,u l;fieations ntii z 45 11 0045 12 nno Prequalification Statement made,- Pregtia4 f;,.., ie n pplie., ie r r,,...,.iianee ray a,er-s' r,,,.. r 0710z 07/01/2011 03,00 004526 nn�9 99-45 41- t+t+aetor- with pensatioa r,rinot:ity Business Eft«er-pr- se Goal Sm. 11 Business Enterprise Goal 0710z ntiin 5 06,109,12015 00 52 43 Agreement 09/06/2019 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/09/2020 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 nl�o Preconstruction Meeting 08/17/2012 min 0132 16 Pr-ejeet Meefng �+ +^" n ess Sehe „ie E��l`UIU11. i 07O1 i2ni i �z 01 32 33 Preconstruction Video 07/01/2011 013300 Submittals 12/20/2012 01 My 13 Spee i Pfeleet n-oeedi, -es i i z 01 1523 Tlesting and Irma•;^ es- 0310s 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 13 Tm�ro r, ^t c; .� .^ n7inm�li 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 7 0�123 cvascractlCn E"tlaiing- 02442019 01 74 23 Cleaning 07/01/2011 0177 19 Closeout Requirements 07/01/2011 01 78 39 Project Record Documents 07/01/2011 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified 0241 13 I Selective Site Demolition 7/9/2020 Division 33 - Utilities 33 39 60 I Epoxy Liners for Sanitary Sewer Structures 7/9/2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv:Hfortworthtexas.i!ov/ti)w/contractors/ or httvs:Hapus.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition A 12/20/2012 i�tz 02 4 1 14 Utility Re ...,,yal ban p,.. e 0241 15 Paving Removal 1 � 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 0334 13 Controlled Low Strength Material (CLSM) 12/20/2012 Goner-ete Base AiTa e--F.- r'T 93-34-�C f.� � ���'� i3pmr 17�7n�7n17 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 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 Communications Multi -Duct Conduit 02/26/2016 Division 31- Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 312400 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 2,� 12/20/2012 Gabions 31 37 00 Riprap 12 12/20/2012 CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 7 Division 32 - Exterior Improvements Z7�T Ue,-,v,.,,-,e.,t Asphalt It Pm4f,a Depai 17/'lzz90QOz2 3201 18 1 �/r�rsvrzvii 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Z7�3 Lime Treated Base Courses ram. 12/20/2012 17/7r�-sQQ0Q 32 11 3,z Ge,v,ent Treated Base r :a,,:,1 T-ea4e,7 Sol Stabilize Q8QiQ0i5 32 1216 Asphalt Paving 12/20/2012 �� Asphalt Paving G-.. 1 �� l�alant� �>z2 1290/201 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 2'� Hfia1' ULnit Pa :gig 1' /�1-z 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 Z7�5 Pavement Markings !'ufb Address nai ti . 11/22/2013 1 1 /nor n�3 27�o 32 3, 29 Wire > enees a*,1 Gates Wood Fenees and Gates 1 2/ z 1'1rr QOQOQ 3232 13 Cwt-in Plaoo C.'...e,-ete Retaining Axlalls 86iOQ018 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 3 2�no joifft Bending Eleetfieal isolation 12 /wiz 33 04 } 22� and CofT-0sio n,,,,t 01 Tg`t E"ations Magnesium Anode !-'.,tbe,l:e D.-eteat:..,-, Systeffi 12/�iz 12QOQ012 33 04-30 33 04 40 Te,,,po-a,.,, Water- Se,.,,:e Cleaning and Acceptance Testing of Water Mains 07/no 1�2014- 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 32�0Atiger-1'11 ZZ�i Concrete Collars T,,,„nel Plate 12/20/2012 /�QOv 2012 12/72 330523 23 Liner- Hend TunnOing 1'11 /7zzr20/2012 CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 7 33 0524 installation�Cr.*,r-F 111ifair !''.,s;,-,g or T,,,,,,el Liner r Plate nti/ivv49/2013 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 3311 i3 mrz� �'' Pipe Bar-�x 7,-appe.1 SteelG ��e�ete�es^"re ,—wTcc��ccr-vcccrc� 1 �. OY Type 12,QO/'O r�-avrzvzz 11�4 Buf e.1 Steel Pipe .,,.,d Fittei:rgJ 12,r�QQQ0Q 33 1210 Water Services 1-inch to 2-inch 02/14/2017 1'f/7zzQOQO �3 Q 11 33 1220 ZZ�1T I afge Water Meters Resilient Seated Gate Valve N7 12 12/20/2012 33 1225 ANVAVA Rubber- Seated BtAte.-fly Connection to Existing Water Mains i2QQQ0Q 02/06/2013 33 1230 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 1240 Fire Hydrants 01/03/2014 33 1250 Z2�no Water Sample Stations 12/20/2012 33 31 1) �z 33 31 13 Standard Blow off Nfa!N„e sse,v b! C�xre ir. it „e Pipe (CIDD\ Rein f ,-ee Pipe for- G-.,,4-y C'a*itafy C'e,,,e,-., Fiber 06/1 -3 1712 2012 �� 12420�2012 �� 22�s -glass High Density Polyethylene (14DPE) Pip far EaTt.tar, er izrsvrsvzz 1 "'�tz 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 333121 Polyvinyl Chloride (PNIG) Closed Profile Gfa-vi Eoll�,ar'j of Ripe r12,Q0Q012 33 31 23 ca-Ritafy Sew Uir, L;ffing12L20Q012 Sanitary Sewer- L'.ila-ge,�,en 17L20Qn17 �rz� 33 31 50 Sanitary Sewer Service Connections and Service Line r�-avrzvzz 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 333930 � , Di�a L r. 12QOQn12 rcrzvrzozz 22�no Wastewater- neeess rho ) 112i�12 333960 Epoxy Line e C1anitGr; cewe,. �«ems 12QQQ 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 �33 '✓ 11 11 71,..,, D HighDensity Polyethylene (HDP ) Pipe for- StGvr'1 rain 112zzrzvizviz 22�2 Rein f ,-ee,a Uel„ethlene (SRPE) PCe N b� 1 11 1 /1 5 1 /7� 33 6-00 33 4601 S Slotted O:1'SS T�I111,1� 2 QQ0 Q 701 O1 1 n�,-�,�n 3 2� %-nola DrQbSO n7/n�14 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Tiiffio 9 as 10/1 5 3n ^env 11 AAaehmefA A Gentrel-lerGabinet 1 i1 s 34 41 10.02 n p O� tt-ae�ei}t� ��tre�lerSeeif eatien 2 34 41 10.03 n rrtto•E13riient G S6ft-war"evSppe ceificuti9n CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 7 11 Temporary Tr #; e Sig , , in, 0 W 211 11 13 Removing Tr- ff; o 9,,-nalc , �'" z ?/1 11 �-c Rec�gular Rapid FLa3hilrg Baaeo 11"'�t3 34 41 1�o � 7 gedo�tri`a�I R;� 1 1 i�2Q0W �� 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 4120.01 � A After-ia LED D...,dw r .. .�amir�Iiras 0611 5QO c �� 34 4120.02 � Ffee,: ay LED n,,.,,1,,.r.. �an��i�0 0611 5QO c �� 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 2A� Aluminum Signs 11/12/2013 !1'1�'lvzQ6QO16 3471 13 Single Mode Fiber Optie Cable Traffic Control 11/22/2013 CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 7 Appendix GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised March 9, 2020 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS 002113-1 INSTRUCTIONS TO BIDDERS Pagel of 5 Terms used in these Instructions to Bidders which are defined in the General Conditions of the Agreement and Standard City Condition for Developer Awarded Project have the meanings assigned to them in the General Conditions. 2. COPIES OF BIDDING DOCUMENTS 2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from Owner/Engineer. The deposit for the Bidding Documents is non-refundable. 2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDER The successful Bidder will be required to be prequalified by the City of Fort Worth as set forth in Section 00 45 12. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. It is the responsibility of each Bidder before submitting a bid to (1) examine the Contract Documents thoroughly, (2) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work, (3) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work, (4) study and carefully correlate Bidder's observations with the Contract Documents and (5) notify Engineer or Owner of all conflicts, errors or discrepancies in the Contract Documents. 4.2. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner by owners of such underground facilities or other, and Owner does not assume responsibility for the accuracy or completeness thereof. 4.3. Before submitting a bid each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the work and which Bidder deems necessary to determine its bid for performing and furnishing the work in accordance with the time, price and other terms and conditions of the Contact Documents. SANDEROS PHASE 1 CITYPROJECT NO. 104630 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 5 51 4.4. On request in advance Owner will provide each Bidder access to the site to conduct such 52 explorations and tests, as each Bidder deems necessary for submission of a bid. Bidder shall fill 53 all holes, clean up and restore the site to its former condition upon completion of such 54 explorations. 55 56 4.5. The lands upon which the work is to be performed, right-of-way and easements for 57 access thereto and other lands designated for use by Contractor in performing the work are 58 identified in the Contract Documents. All additional lands and access thereto required for 59 temporary construction facilities or storage of materials and equipment are to be provided by 60 Contractor. Easements for permanent structures or permanent changes in existing structures are 61 to be obtained and paid for by Owner. 62 63 4.6. The submission of a bid will constitute an incontrovertible representation by Bidder that 64 Bidder has complied with every requirement of Item 4, that without exception the bid is premised 65 upon performing and furnishing the work required by the Contract Documents and such means, 66 methods, techniques, sequences or procedures of construction as may be indicated in or required 67 by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to 68 indicate and convey understanding of all terms and conditions for performance and furnishing of 69 the work. 70 71 4.7. Reference is made to the Supplementary Conditions for identification of: 72 73 a). Those reports or explorations and tests of subsurface conditions at the site which have 74 been utilized by Owner in preparation of the Contract Documents. Bidder may rely upon 75 the accuracy of the technical data contained in such reports, except as qualified in the 76 report, but not upon nontechnical data, interpretations or opinions contained therein or for 77 the completeness thereof for the purposes of bidding or construction. Contractor is 78 alerted to the fact that certain subsurface conditions may change (such as groundwater 79 levels) and that borings provide isolated information at the specific bore location only. 80 81 b). Those drawings of physical conditions in or relating to existing surface and subsurface 82 conditions (except underground facilities) which are at or contiguous to the site which 83 have been utilized by Owner in preparation of the Contract Documents. Bidder may rely 84 upon the accuracy of the technical data contained in such drawings but not upon the 85 completeness thereof for the purposes of bidding or construction. 86 87 Copies of such reports and drawings will be made available by Owner to any Bidder on 88 request. Those reports and drawings are not part of the contract documents, but the 89 technical data contained therein upon which Bidder is entitled to rely as provided in 90 Paragraphs a). and b). are incorporated therein by reference. Such technical data has 91 been identified and established in the Supplementary Conditions. 92 93 5. INTERPRETATIONS AND ADDENDA 94 95 5.1. All questions about the meaning or intent of the Contract Documents are to be directed to 96 Owner or Engineer. Interpretations or clarifications considered necessary by Owner or Engineer 97 in response to such questions will be issued by addenda and mailed or delivered to all parties 98 recorded by Engineer as having received the bidding documents. Questions received less than 48 99 hours prior to the time for opening bids may not be answered. Any addenda issued prior to the 100 opening of bids will be electronically transmitted by facsimile or electronic mail to each 101 contractor contemplating the submission of a proposal on this work. The Contractor will be 102 notified by phone of the issuance of the addenda. The proposal as submitted by the Contractor 103 will be so constructed as to include any addenda if such are issued by the Owner prior to twenty- SANDEROS PHASE 1 CITYPROJECT NO. 104630 0021 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 5 104 four (24) hours of the opening of bids. Only questions answered by formal written addenda will 105 be binding. Oral and other interpretations or clarifications will be without legal effect. 106 107 5.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 108 Owner or Engineer. 109 110 6. BID SECURITY — NOT APPLICABLE 111 112 7. LIQUIDATED DAMAGES 113 114 The time of completion is the essence of this Contract. For each day that any work shall remain 115 uncompleted after the time specified in the proposal and the Contract, or the increased time 116 granted by the Owner, $500 per working day shall be assessed as Liquidated Damages. 117 Liquidated damages shall be deducted from the monies due to the Contractor. 118 119 8. SUBCONTRACTORS, SUPPLIERS AND OTHERS 120 121 8.1. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and 122 other persons and organizations including those who are to furnish the principle items of 123 materials and equipment) to be submitted to Owner in advance of the specified date prior to the 124 Effective Date of the Agreement, the apparent Successful Bidder, and any other bidder so 125 requested, shall within seven days after the bid opening submit to Owner a list of all such 126 Subcontractors, Suppliers and other persons and organizations proposed for those portions of the 127 Work for which such identification is required. Such list shall be accompanied by an experience 128 statement with pertinent information regarding similar projects and other evidence of 129 qualification for each such Subcontractor, Supplier, person or organization if requested by 130 Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed 131 Subcontractor, Supplier, other person or organization, either may before the Notice of Award is 132 given request the apparent Successful Bidder to submit an acceptable substitute, in which case the 133 apparent Successful Bidder shall submit an acceptable substitute, that Bidder's Bid price will be 134 increased (or decreased) by the difference in cost occasioned by such substitution and Owner may 135 consider such price adjustment in evaluating Bids and making the contract award. 136 137 If apparent Successful Bidder declines to make any such substitutions, Owner may award the 138 contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers and 139 other persons and organizations. The declining to make requested substitutions will not constitute 140 grounds for sacrificing the Bid security of any Bidder. Any subcontractor, Supplier, other person 141 or organization listed and to whom Owner or Engineer does not make written objection prior to 142 the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to 143 revocation of such acceptance after the Effective Date of the Agreement. 144 145 8.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or 146 organization against whom Contractor has reasonable objection. 147 148 9. PROPOSAL 149 150 9.1. The proposal is included in the Bidding Documents and additional copies may be obtained 151 from Owner or Engineer. All bids must be submitted on the Proposal Form. 152 153 9.2. The Bidder shall use the original Proposal forms included in these bid documents. The 154 Proposal must be completed in ink or by typewriter. 155 SANDEROS PHASE 1 CITYPROJECT NO. 104630 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 5 156 9.3. Bids by corporations must be executed in the corporate name by the president or a vice- 157 president (or other corporate officer accompanied by evidence of authority to sign) and the 158 corporate seal must be affixed and attested by the secretary or an assistant secretary. The 159 corporate address and state of incorporation must be shown below the signature. 160 161 9.4. Bids by partnerships must be executed in the partnership name and signed by a partner, 162 whose title must appear under the signature and the official address of the partnership must be 163 shown below the signature. 164 165 9.5 All names must be typed or printed below the signature. 166 167 9.6. The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which 168 must be filled in on the Proposal). 169 170 9.7. The address and telephone number for communications regarding the Bid must be shown. 171 172 9.8. The entire proposal must be completed for the entire scope of work. If the bidder does 173 not provide one of the track options, strike through that option. All other components of the bid 174 proposal must be filled in. 175 176 10. MODIFICATION AND WITHDRAWAL OF BIDS 177 178 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner 179 that a bid must be executed) and delivered to the place where Bids are to be submitted at any time 180 prior to the opening of Bids. 181 182 11. BIDS TO REMAIN SUBJECT TO ACCEPTANCE 183 184 All bids will remain subject to acceptance for sixty (60) days after the day of the Bids opening, 185 but OWNER may, in its sole discretion, release any Bid prior to that date. 186 187 12. AWARD OF CONTRACT 188 189 12.1 Owner reserves the right to reject any and all Bids, to waive any and all formalities, and 190 the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, 191 Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in 192 the best interest of the Project to make an award to that Bidder, whether because the Bid is not 193 responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other 194 pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units 195 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 196 unit price in words and the unit price in figures will be resolved in favor of the price in words. 197 Discrepancies between the indicated sum of any column of figures and the correct sum thereof 198 will be resolved in favor of the correct Sum. 199 200 12.2. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not 201 the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, 202 as may be requested in the Bid Form or prior to the Notice of Award. 203 204 12.3. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and 205 other persons and organizations proposed for those portions of the Work as to which the identity 206 of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided 207 in the Supplementary Conditions. Owner also may consider the operating costs, maintenance 208 requirements, performance data and guarantees of major items of materials and equipment SANDEROS PHASE 1 CITYPROJECT NO. 104630 0021 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 5 209 proposed for incorporation in the Work when such data is required to be submitted prior to the 210 Notice of Award. 211 212 12.4. Owner may conduct such investigations as Owner deems necessary to assist in the 213 evaluation of any Bid and to establish the responsibility, qualifications and financial ability of 214 bidders, proposed Subcontractors, Suppliers, and other persons and organizations to perform and 215 furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the 216 prescribed time. 217 218 12.5. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award 219 within sixty (60) days after the day of the Bid opening. 220 221 13. CONTRACT SECURITY 222 223 Article 4 of the Standard City Conditions for Developer Awarded Projects set forth Owner's 224 requirements as to maintenance, performance and payment Bonds. When the Successful Bidder 225 delivers the executed Agreement to Owner, it must be accompanied by the required maintenance, 226 performance and payment Bonds. 227 228 14. TRENCH SAFETY 229 230 The successful Bidder will be required to provide a trench safety plan at the time contracts are 231 signed and within the 15-day time period after Notice of Award. All cost for providing and 232 implementing the trench safety plan shall be included in the bid item for trench safety. 233 234 15. SIGNING OF AGREEMENT 235 236 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the 237 required number of unsigned counterparts of the Agreement with all other written Contract 238 Documents attached. Within fifteen days, thereafter Contractor shall sign and deliver the 239 required number of counterparts of the Agreement and attached documents to Owner with the 240 required Bonds. Within ten days, thereafter Owner shall deliver one fully signed counterpart to 241 Contractor. 242 243 16. RETAINAGE 244 245 Retainage of all partial construction pay estimates, where the total contract amount is less than 246 $400,000.00 (Four Hundred Thousand Dollars) shall be ten (10) percent of the amount due for 247 work performed. Retainage on all partial construction pay estimates where the total contract 248 amount is $400,000 or more, shall be ten (10) percent of the amount due for work performed. 249 250 251 END OF SECTION SANDEROS PHASE 1 CITYPROJECT NO. 104630 SECTION A UTILITY, DRAINAGE CONTRACT FORMS 00 J_ -0 DAP - BM PPAPOSAI Nr i -(: UNIT PRICE BID Bidlist hem Yo. I I 1 I 2 I 3 I 4 I s I 6 I 7 I I I` I 1 I 3 I 4 I 5 I 6 I 7 I s 9 10 ll 1 I 1 1 2 I 3 I 4 15 I 6 I 7 I s I 9 I I SECTiDN 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application PM*t 11M hik=al m L`miI of Bid X1CscyjPgoA Spec lfiCatlull SeCI]D]] \v hleastre Quautity U_ NIT 1: ON-S ATFR IMPROVEMENTS 3311-0261 8"PVC Water Pipe 331112 LF 3,779 3311.0001 Ehtctile [FOR Water Fitt M wl Restraint 33 1111. TON 2 3312.3003 8" Gate Vdw 33 1220 E4 14 3312-0001 Fire Hydrant Assen"y 33 1240 EA 4 3312.2003 1" Water Service 33 12 10 EA 95 3305.0109 TreuehSa£eN 330510 LF 3,779 9999.0002 1'IItRIGATIONSERVICE 000000 EA 1 3331.4115 8" Sewer Pipe 3331A 116 CSS Bac B 3339.1001 4' Manhole 3339.1003 Extra ➢ewh Manhole f �C) 33313101 Sewer Service 3301.0002 Pa ticcw W-eS,tiaq 3301.0101 Flnuhvle Vantmil lesuuq 3339.000l 'v Manhole Liner 3305.0109 reach SafW, 9999-0003 Steel Came 9999.0004 Couuect to Fxistin£ Sewer 3341.0302 30" RCP. Class III 3341,0203 21' RCP, Class M 3341.0205 24' RCP, Class III 3341.0201 21" RCP, Class III 3349 W 15' Curb Inlet 3349.0001 4`;4' Slonu 3uuctiou Box 3137-0104 12" Srwx Rinrau, dN 3305-0109 Treucb Safety 9999.0005 30" RCP Slowed Headwall UN1TILON--$ITE rTER F 3CJLMES UNIT It ONSf1F S;AN' 31l l 10.33�313(FNT�4 5 .s70 33 11 10. 33 31 1133 3120 LF 140 33 39 10,33 39 20 EA 29 33 39 10, 33 39 20 VF 85 33 31 50 EA 95 33 01 31 LF 5 870 330230 FA 29 333060 VF 71 330510 LF 5,870 00 00 00 LF 80 00 00 00 E.1 2 UNR W ON -SITE SANrrARY SEWER FAC1L TES I I UNIT w om-sr E r RAKAr. immoVEmEwA 33 41 10 LF 48 33 41 10 LF 229 33 41 10 LF 262 33 41 10 LF 28 33 49 20 FA 4 33 49 10 EA 2 31 37 00 SY 507 33 05 10 LF 567 334940 EA _ UNIT III: ON -SITE STORM 4 I TXNAGE Bidder'S Prap054 uub Priw I Bid Vakw $70,20 $12,000.00 S2A20A0 S7.100.00 $1,390.00 $0.10 $1.390-00 $83-00 $52.06 $3,970,00 $196,00 $1.160-00 $3.00. 5130.06 5470.00 S 1.00 $172.00 S2.300,00 S 127.00 S117.00 $102-00 $90.00 S6,100.00 $5,800.00 588.00 W 50 S2,9W-00 $265.285.80 524.000.00 133,880.00 S28,400.00 $132,050.00 $377.90 $1.390.00 $485,383,70 $497.210,00 $7.280.00. $115,130,00 S16,660.00 $110100.00 $17,610-00 $3,770-00 $33J370-00 SAg70A0 S133 0.00 S4.600.00 $815,400.00 $6,0%.00 S26,793.00 $26,724-00 $2.520,00 $31400.00 $11-600.00 S44.616-00 $283.50 55.600.00 5IX&I2.50 CrrY OF FORT WORTH 5TANOAP0 CONSTRUCMN SPCCFKAIMN DOCUMEN"M -DEVELOPER AWARDW PROIECIS Faro Vc- Scpwab r I. 20 t3 00 L' 0_BA N p-L_DAP- Bumenid, Oa 43 41 t+AP- DID PROPOSAL ft r=d1 SECTION 00 42 43 Developer Awarded Prefects -PROPOSAL FORM UNIT PRICE BID Bidder's Application Prefect Item flff r ti= RiddePa Proposal BuliNtlit an! Dw-npnou 5pecificarion Section Na, Unit of I�aurr Una Pace I Did Value }} I UNIT VL OFF-5", WATER IMPROVEMENTS 1 33I 1,01-61 8" PVC Water pipe 33 F F l2 LF 2.515 S70.20 $176.553.00 2 3311.0001 Ductile Inn Waifr Fttptyas wl Fe ka pt 33 I I I l TUN 1 $12,000.00 S12,000.00 3 3312.3003 8" Gate Valve 33 1220 EA 7 $2.420.00 SI6.940.00 4 33 12.0117 Comtection to ExistmR 4%12" Wale Main 331225 EA 4 $2.400.00 $9,600.00 5 3305.0109 TreuchSalely 330510 LF 2,515 50.10 $251.50 6 9999.0009 Steel Casing 00 00 00 LF 214 S18d.00 $43.056.00 7 9999.0011 Auto Flush Valve 00 00 00 EA i S7A00.00 $7,400.00 UNIT VI. OFFSITE I i Vy/ITER Fa�LITIES f f $265 800.50 UNFT VII: OFFSITE 9,RRINAGE IMPROVEMEW-S I 1 3341.02131 21"RCP. Class III 33 41 10 LF 285 $91.00 $25,935.00 2 3341.0205 24" RCP, Class M 33 41 10 LF 493 SI03.00 S50,779.00 3 3341,02027"RCP,CInsRr 334110 LF 145 5318.06 S17,110.00 4 3341.0302 30" RCP, Chas III 3341 10 LF 102 S127.00 St2,954.00 5 3341.1002 3'O' Sax Culvert 33 At l0 LF 342 $295.00 $97,470A0 6 3341A 102 4V Box Culver 33 41 10 LY 292 S321.00 393.732.09 7 3341.1201 FxY Box Culver[ 3341 10 LF 542 S38i.00 S206S02.00 8 3341.1302 VxY Box Culvert 33 41 10 LF 45 $457.00 $20,565.00 9 3341.2002 1045'Bex Culvert 33 41 10 LF 326 $947.00 S782,222.00 10 3349.5001 10' Ural) 101e1 3349213 EA 12 $5,950,00 S7IA00.00 I I 3349.7001 4' D= lWel 33 49 20 EA i $5.800A0 S5,800.00 l2 3349.0001 4' Storm Junction Box 3349 10 EA 1 $5,800,00 SSAW-00 13 3M9.0003 is Stonn Juaction Box 3349 10 EA 1 S6,9M.00 S6.900.00 14 3349.0004 P Stonn J1 wh;xi Box 3349 10 EA 1 S7,400.00 S7,400.00 15 3349.OMS 8' Storm Jtmction Box 33 49 10 EA 1 $8,300.OQ $8.300.00 i6 3137.0104 12' Sume 31 37 00 SY 1.040 S88.S1tl $91.520.00 17 (1241.4401 Remove H a S •T 0241 14 E4 2 5800.00 S 1.600.00 i8 3305,0109 TmachSafety 130510 LF 3.072 $0.50 S1,536.00 19 3349,4105 24" Safety End Treato mt (TxDOT SEi' ff 3349,10 EA 2 S2.600.00 S5.200.00 20 9999.0012 14 - IW Box Cldvert Headwall fT P 33 49 40 D EA 2 5229,t00.00 $453.200.00 21 9999.0013 Pk- I1 Pedestrian Pad 0001100 LF 626 S148.00 S92.648.00 UNIT Vll: OFFSWE EMNAGE 52083,573.00 1pd Summary ` UNTT I: ONSFTE WATER IMPROVEMENTS 5485,3W.70 UNIT II; ONSITE SANITARY SEWER IMPROVEMENTS $815.480.OD UNIT Ill, ON -SITE DRAINAGE 1MPROVEMENTS $156.632.50 I TOTAL UNIT IV: ON-$ P}��,if\ ) PF�Q UNIT V: ❑iY ti11 C 8 1 rcc1- I-I%"QUMrn17X 1 I UNIT VI: OFFSr1E WATER IMPROVEMENTS S2B5.800.50 I UNIT VII: OFFSITE DRAINAGE IMPROVEMENTS $2.083.573.00 TOTAL UNIT VGI: OFFSITE PAVING 1r mt-muv=rvu=N 14 I UNIT Df: OFFSITE STREET LFGHTING FMPROVEMENTS -row Caaslrurd" Wd T3,786,649.70 Cvutnrtor agrees to complete WORK for FMAL ACCEPTANCE writ" 100 worhioe dmys after the dale whea the C OTTRACr comm.w. to rm es p[mlded I& Ibr Cearrml Ca"t;ua.s. By! Signaturey TITLE. Vice President DATE: September 19, 2023 LTrY OF FORT WORTH SCANDAM CMMUCItON SPaCTtAYm onClfdf@Y15. oEVEWWa AwARpm FamfrT5 E- Ve i- Sg -d- 1, AH 1 00 42 4l . 94 A" DAP • euo au.la 0045 L2 IMP PREQUALEFTCATLO% STATDAEHTT Page 1 of 1 SECTION UO 45 12 DAP — PREQUALIF'ICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work TvDe" box provide the complete major work tune and actual description as provided by the Water Denartment for water and sewer and TPW for vaving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution, Burnsco Construction, Inc, 6/30/2024 Development, 24-inches and smaller Sewer Collection System, Burnsco Construction, Inc. 6/30/2024 Development, 8-inches and smaller Storm Drainage System Burnsco Construction, Inc. Development 6130/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalificd for the work types listed BIDDER: Burnsco Construction, Inc. 6331 Southwest Blvd, Benbrook, TX 76132 BY: (Signature) TITLE: vice President DATE: September 19, 2023 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTi0N PREQUALJFICATION STATEMENT— ❑ EVE LOPE R AWARDED 9RQJEC75 D045 12 Prequalification 5tatement 2015_DAP.docx Form Version September 1, 201s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102450. 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 Boulevard Address Benbrook. TX 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: Albert Grantges (P teasl Print) 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 Bumsco construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this Istn day of September 2023 CESILIA CANALES r° Notary ID k131652996 My Commission Expires July 24, 2026 , a Notary public in Cdfvr the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 S: iNDEROS PH.4SE 1 CITY PROJECT No. 104430 005243-1 Developer Awarded Project Agreement Page 1 of 4 2 SECTION 00 52 43 3 AGREEMENT 4 THIS AGREEMENT, authorized on W.�iLl M Ws made by and between the 5 Developer, (M/1 Homes of DFW, LLC), a thorized to do business in Texas ("Developer"), and 6 Burnsco Construction. Inc authorized to do business in Texas, acting by and through its 7 duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Water, Sewer. Drainaze to Sanderos Phase 1 17 City Proiect No. 104630 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 100 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Two Hundred Fortv Dollars ($240.00) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance. CITY OF FORT WORTH S3NDEROSPHA SE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITYPRO.IECT No. 106430 Revised .June 16, 2016 00 52 43 •2 Developer Awarded Project Agreement Page 2 of 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of Three Million. Seven Hundred Eiahty-Six Thousand. 41 Eight Hundred Fortv-Nine Dollars & Seventy Cents ($ 3.786,849.70). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalifcation Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) £. Power of Attorney for the Bonds & Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH S4NDEROS PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITYPROJECT No. 106430 Revised June 16, 2016 OU 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or allegcd to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification nrovision is snecifically intended to onerate 82 and be effective even if it is alleged or nroven that all or some of the damages being 83 sought were caused. in whole or in cart. by anv act. omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal tees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 nrovision is snecifically intended to onerate and be effective even if it is alle ee d or 94 nroven that all or some of the damages being sought were caused. in whole or in nart. 95 by anv act omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express Written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 '7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or Ito unenforceable by a court of competent jurisdiction small be deemed stricken, and all ill remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH S.4NDEROSPHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 106430 Revised hate 16, 2416 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 127 Contractor: BuYnsco Construclion, Inc By: Fri' d` (Signature) John Burns (Printed Name) Title: President Company Name:Bumsco Construction, Inc. Address: 6331 Southwest Boulevard City/State/Zip: Benbrook, TX 76132 Date Developer: M/I HOMES OF DFW, LLC ( Ignature) / n (Printed Name) Title: V 1' d� Company name: M/1 HOMES OF DFW, LLC Address: 700 SH 121 Rvoizs, Suite 100 CityJState/Zip: L e tit •is vi ll e/Texas/75 06 7 I h & Date f CITY" OF FORT WORTH S.INDEROS PH.4SE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITI' PROJECT .vo. 106430 Revised June 16,2016 Bond 4022236973 0062 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 That we, Burnsco Construction. Inc known as "Principal" herein and 8 Liberty Mutual Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW. LLC, authorized 11 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, THREE MILLION, SEVEN HUNDRED EIGHTY-SIX 13 THOUSAND. EIGHT HUNDRED FORTY-NINE DOLLARS & SEVENTY CENTS ($ 14 3.786.849.70), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA23-0101 ;and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the day of NAle r , 20 ; which Contract is hereby referred to and made a iti 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Water, Sewer. Drainage Improvements to 26 Serve Sanderos Phase 1 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH .SANDEROSPHAS1 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS (77T PROJECT No. 106430 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 they day of 10 12 13 14 15 16 ATTEST 17 :: 18-- 19 (Principal) ecretary 20 21 22 23 24�° 25 Witness as to Principal 26 27 28 29 30 31 32 33 34 35 36 37 38 �. 39 40 Witness as to Surety 41 42 PRINCIPAL: Burnsco.Caft ruction, Inc BY: �.., Signature John Burns, President Name and Title Address: 6331 Southwest Blvd Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company BY: r 1-AI Siglhature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 43 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 44 from the by-laws showing that this person has authority to sign such obligation. If Surety's 45 physical address is different from its mailing address, both must be provided. 46 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH .SANDEROS PHASE I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C77T PROJECT No. 100430 Revised January 31, 2012 Bond #022236973 0062 14- 1 PAYMENT BOND Pagel 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, and 8 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 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, M/I 11 HOMES OF DF W. LLC, authorized to do business in Texas "(Developer"), and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of THREE MILLION, 13 SEVEN HUNDRED EIGHTY-SIX THQVSAND. EIGHT HUNDRED FORTY-NINE 14 DOLLARS & SEVENTY CENTS ($ 3.786.849.70), lawful money of the United States, to be 15 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made 16 jointly unto the Developer and the City as dual obligees, 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 20 Agreement, CFA Number CFA23-0101. and 21 WHEREAS Principal has entered into a certain written Contract with Developer, '`day of - y 22 awarded the °�°�`�,- 2 ,which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water. Sewer. Drainage Improvements 26 to Serve Sanderos Phase 1. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH SANDE,ROS PHASE t STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PRO.J CT.No. 104630 Revised January 31, 2012 006214-2 PAYMENTBOND 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 f� day of 6 b ,1 r��1�4"f. 20 7 PRINCIPAL: Burnsco CogstNction, Inc i ATTEST: BY: ^ �� 1 Signatgre John Burns, President (Principal) Secretary Name and Title Address: 6331 Southwest Blvd Benbrook, TX 76132 Witness as to Principal SURETY: Liberty Mutual Insurance Company r , ATTEST: BY: L 'Wf w -` Signature Sophinie Hunter, Attorney -In -Fact (Surety) Secretary Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 1 I address is different from its mailing address, both must be provided. 12 13 The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH SANDI ROS PHASE l STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 07T PROJECT A%o. 104630 Revised January 31, 2012 Bond #022236973 0062 19- 1 MAINTENANCE BOND Page I 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 That we Burnsco Construction, Inc _ known as "Principal" herein and 8 Liberty Mutual Insurance Company 9 10 11 12 13 14 15 16 17 18 , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW, LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of THREE MILLION. SEVEN HUNDRED EIGHTY-SIX THOUSAND. EIGHT HUNDRED FORTY-NINE DOLLARS & SEVENTY CENTS ($ 3,786,849.70), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA23-0101 :and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the=day of �f F'- 20 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Water, Sewer, Drainage 28 Imnrovements to Serve Sanderos Phase 1: and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH SANDEROS PNAS1i 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C'17T PROJECT No. 1046530 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 .SANDEROS PHASE; 1 C17T PROJL'C7'No. 104630 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each.§IGNED and SEALED this 2 instrument by duly authorized agents and officers on this they day of 3°ter t✓ 20' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: (Principal) Secretary - Witness as to Principal ATTEST: PRINCIPAL: , Burns6o Cons6u6tion. Inc Signature John Burns, President Name and Title Address: 6331 Southwest Blvd Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company 4. Signature Sophinie Hunter, Attorney -In -Fact Name and Title 1. "V_ =i` �� t ^ — Address: 2200 Renaissance Blvd., Suite 400 (Surety) Secretary a King of Prussia, PA 19406 Witness as to Surety a " 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 SANDEROSPHAS1 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS (37T PROJECT No. 104630 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 tua 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; Tonle Petranek of city of as _St_ate Of TX execute, ecu ee seal, acknowledge and delver, for and on its behalf as sure and as Its act and deed, any and all undertakings, J of these resents and shall be as binding upon the Companies as if have been duly signed b the d president and attested one named, its true and lawful attorney -in -fact to make, if there be t s, bonds, recognizances and other surety obligations, in pursuance p 9 p p y y g y p 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 P� {NSURq P��Y INSUq %Nsu. The Ohio Casualty Insurance Company j =o°R`1.1 °Rgt�yRP°RgrF`4y� GV,=oRPORgrF y0 West American Insurance Company g 1912 0 1919 Lu 1991� ° '�/�/j•/ to E e% Y�J19Saq CHU`>F'i aa$� .tO d`h HAM4`�� dD� '(s �N°tANP• .dD3 .'% N O By: State of PENNSYLVANIA David M. Carey, Assistant Secretary s m County of MONTGOMERY ss o E oOn 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 i5 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 `— therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a) 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. 0¢ �O Commonwealth of Pennsylvania - Notary seal O : �i .ice•'- } Teresa Paslella, Notary Public O .f Montgomery E C t iI My commission expires March 28, 2025 B N Commission number 1126044 y- +-' •`'-`''" Member Pennsylvania Association of Notaries Teresa Pastella, Notary Public Q O 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 O •— Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a (N ARTICLE IV — OFFICERS: Section 12. Power of Attorney. °D @ 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 a L) 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 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 - o 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) Z u 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 M 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 power or authority. ° w LLa 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 day of P� it SUfgq P'ZY INS& %Nsuz.1 jG°RPORgT� �� a 2VORPORq�. 9.` VP LovL ORq�. 1912 y o 0 11991 in rdj)9SS4c.,3 aa3 i0 RAMV`��PaDS' fs �NDIpNP ,da By. Renee C. Llewellyn, Assistant Secretor Y y LMS-12873 LMIC OCIC WAIC Multi Co 02121 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.izov E-mail: ConsumerProtection4..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. NP 70 68 09 01 LMS-15292 10/15 TEXAS AVISO IMPORTANTE Para obtener information 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 -1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: htti3://www.tdi.texas.gov E-mail: ConsumerProtection(q..tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclarno, 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. SECTION B PAVING CONTRACT FORMS UD a_ 43 RN'- IIG1 Pit0l"A1 NO t ,41 UNIT PRICE BID SOW It.1 Nd. SEC TION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Pmjcu ltm lnf ,motion Vmuripdon I Spccifirarion Section No. I uril or I Sid Me m Q.wo ity TOTAL UNIT lV: OWSIT_E PAVINOIMPROVEMEPT5 Bidders Proposal Gait Pricc I Bid vnl= 1 320.0101 6" Canc PVmI 32 13 13 SY 12315 $52.60 2 3211.0502 6" Lime Subdued Sub¢radc I364iM 00 00 00 SY 13,136 $3.50 3 3211.0400 6" Hydmled Lime 32 1129 TON 236 5343,00 4 3213.0302 5" Cone Sidewalk 321320 SF 720 S7.60 5 3213-0501 Harrier Free Ratan, Tyne P-1 321320 EA 12 $2.100.00 6 3305,0106 Manhole Adiuslment 130514 EA 29 3500-00 7 9999.0006 Pavement Marloqp� Sigoage 00 00 00 LS 1 $18275,00 8 9999,0007 End of Road Bamcade and I -leader 00 00 00 FA 2 S2.606,00 TOTAL UNIT IV: ON-SI . STREET PAVING TOTAL UNIT Vlgl OFESITE PAVING IMPROVEMFTS 1 3212-0502 5" M13hait Base Tyne R 32 12 16 SY 897 547.75 2 3213-0106 11" Canc Pvmt 32 13 13 SY 7,170 S77A5 3 3211.0502 8" Lime Stabilized Subgrede {48*SY) 00 00 00 5Y 8.750 $3.50 4 3211.040G Hydrated Lime 32 11 29 TON 210 $343-00 5 3213.0506 Barrier Free Ramv, lWe P-1 32 1320 EA 6 $2,975.00 6 9999,0014 10, Sidewalk 00 00 00 SF 21.400 S7.60 7 9999.0015 Pavement M&fUU;sl CuigllkgC 000000 IS 1 $19.275.00 8 9999.0016 Connect to Existing 00 00 00 EA I S2,OM.00 9 9M.0017 Fnd of Road Barricade and Header 00 00 00 EA I S2.000.00 9 9999.0018 Saweut & Remove Conctelc Curb & Geder 00 00 00 LF lie ' $1000 10 9999.0021 Sidewalk Retaining W&II 000000 IF: 420 S61.55 _ TOTAL UNIT VM,.OFFSIT_ PAVING Bid Sumnury UNIT k ON -SITE WATER IMPROVEMENTS UNIT II: ON -SITE SANITARY SEWER IMPROVEMENTS UNITIIr:ONSME DRAINAGE IMPROVEMENTS TOTAL UNIT W ON -SITE PAVING IMPROVEMENTS UNYT V: ON�I T a a l nmr I LIGHTING IMPROVEMENTS UNIT Vk OFFSITE WATER IMP OVEMENTS UNIT Vil: 0FFSITE DRAINAGE I ROVEMENTS TOTAL UNIT Vill, OFFSITE PAVING IMPROVEMENTS UNIT Of: OFF -STYE STREET LIGHTING IMPROVEMENTS Tohd Ca.O.Won 1ri4 $647,769.001 S45.955xli4 $80,94&001 S5A72.00 $25.200.00 S 14,500-00 $18,275.00 S4.000,00 $842,119.00 i S42,83 L75 S558.184.50 SM.625.00 $72.030.00 $17.350,00 S 152,640.00 $18.275.00 $2.000.00 S2.0ma001 SI.200.00} $25.851.00 $933.487.25 5842,119.DOi I i $933.487-25 $1,775.606.25 Cantrartvr ttgrm to compl,l. WORX for VINAL ACCEPTANCE teltLih 65 —rkl n., day, arse, the 4.1r *lwn thr CONTRACT rom menm to run ■s provided In Ihr General Cond Mom. END OF SEC'nON BY: Si ature 111 s TITLE: �j 7 0 DATE: �.. c,nv OF FORT WUR111 STAmAitP CON31RuCnoN SPFICII-MAMN 1XX-1 adMN-S- nFVF1APLR AWARDED 1'RU1F1[l5 1—V0MM%gta 1, tali 0041Q aodrav�_mr-Gii—La Od 45 12 DAP PREQUALIFICATION STATEMENT Page t of l SECTION 00 45 12 DAP — PREQUALMICATION 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 Tvne" box provide the complete maior work tvne and actual description as provided by the Water (Department for water and sewer and TPW for navim:7. Major Work Type Contractor/Subcontractor Company Naive Prequalification Expiration Date Concrete Paring Lilco Contracting, Inc � �� 3 Construction/Reconstruction J+ (15,000 square yards and GREATER) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: i a e TITLE: V*P> DATE:r END OF SECTION CITY OF FORT WORTH STANOAR000NSTRUCTIONPREQUALIFICATIONSTATEMENT — DEVELOPER AWARDED PROfECTS OQa512_PrequaMication5tatement20u RAP.dou 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 78 29 30 31 32 33 34 35 35 37 38 39 40 41 42 43 44 45 0d4526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I LSECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 405.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102450. 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: Crilco Contractina. Inc Company 6331 Southwest Boulevard Address Benbrook. TX 76132 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT By: PJi M C L1C UM'A' 1 ( ease Print) Signature: Title:VP j /ram Op pro � I1 _t s (Please nt) BEFORE ME, the undersigned authority, on this day personally appeared i .f A OL M r.104 � P'h , known to me to be the person whose name is subscribed to the fo oing instrument, and acknowledged to me that he/she executed the same as the act and deed of n k f r) C n VW1wi-7 Y1% • 1 fir, for the purposes and consideration therein expressed and in the capacity therein stated. l CAVEN UNDER MY HAND AND EAL OF OFFICE this day of 20 m, EMMA TURNER _:: �a 6talery F'ubie. $i�ri Ot T�>as " ■= My Commission EXPIM Augusl 12, 2025 • `.:..: E " NOTARY ID 13326419 Nta111 Public in and for the State of Texas r.isil OF SECTION CITY OF FOR-1 WORTH STANDARD CONSTRUCI ION SPEC IFICA'r]ON DOCUMENTS Revised April 2, 2014 1.4NDEROS 1'N.ISC I CITYPRUIP0,N0 114630 2 SECTION 00 52 43 005243-t Developer Awarded Project Agreement Page] of4 3 AGREEMENT 4 THIS AGREEMENT, authorized on a[1-,)�-s made by and between the 5 Developer, (MII Homes of DFW, LLC), authorized to do Business in Texas ("Developer"), and 6 GILCO CONTRACTING. INC authorized to do business in Texas, acting by and through 7 its duly authorized representative, {"Contractor"}, 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORD 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may he the whole or only a part is 15 generally described as follows: 16 Pavursx 1mvrovements to Sanderos Phase 1 17 City Proieca No. 104630 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 65 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects, 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Two Hundred Fortv Dollars ($340.00) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance. CITY OF FORT WORTH X-IXDEROS P11AS'E I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 07T NROJECTNo. 106430 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Ageernent Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 44 Documents an amount in current funds of One Million, Seven Hundred Seventy -Five Thousand. 41 Six Hundred and Six Dollars & Twenty -Five Cents ($1 J75M6.25)- 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement, 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 54 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance: ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBB Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6, Drawings, 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders, 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH &I NDEROS P11, SC STANDARD CONSTRUCTION SPECIFICATION DOC't7iv16N'I'S - DEVELOPER AWARDED PROTECTS CITY PROJECT No. M643" Revised June 16, 2016 Oa 52 43 - 3 I)Lveloper Awarded Project Agrcemeut Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification Provision is soecificallv intended to onerate 82 and be effective even if it is alleged or Proven that all or some of the damaaes being 83 sought were caused, in whole or in Part. by anv act. omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 Provision is specifically intended to onerate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in Part, 95 by anv act. omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division, CITY OF FORT WORTH S-IN1..►F.RU] P1LISE, 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DFVELOPER AWARDED PROJECTS ('11111RIJ,IFUTNU. 116431) Revised June 16. 2016 117 118 7.6 Authority to Sign. 119 120 121 122 123 124 125 126 127 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 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: Developer. Gilco Contracting, Inc. M/1 HOMES OF DFW, LLC By: ��� WBV- (Signature) (Signature) L,eia McQuien (Printed dame) Title: VP Operations Company Name:Gilco Contracting, Inc. Address: 6331 Southwest Boulevard City/State/Zip: Benbrook, TX 76132 Date (Printed Name) Title: U7 0 L.QA d Company name: M/1 HOMES OF DFW, LLC Address: 700 SH 121 Bypass, Suite 100 City/State/Zip: Lewisvill e/Telas/75067 j? ��23 Date CITY OF FORT WORTH �,INDEROSPH:ISE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CITY PROJECTNo 106430 Revised June 16, 2016 Policy Number TB7-Z91-473015-023 Issued by Liberty Insurance Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through S. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury' or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury', "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Bond #022236968 006213-1 PERFORMANCE BOND Pagel 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 That we, Gilco Contracting, Inc. known as "Principal" herein and 8 Liberty Mutual Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/1 HOMES OF DFW, LLC, authorized 11 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of, ONE MILLION, SEVEN HUNDRED SEVENTY-FIVE 13 THOUSAND, SIX HUNDRED AND SIX DOLLARS & TWENTY-FIVE CENTS 14 ($1,775,606.25), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA23-0101; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the ay oft, t°l"✓� , 203 which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Paving Improvements to Serve Sanderos 26 Phase 1 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH SANDEROS PHASE I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C..'/TY PRO./ECT AV 106430 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 Northem 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 c iolday of 10 11 12 13 14 15 16 ATTES7. 17 18 19 (Princips 20 21 22 23t� 24 25 Witness as to Principal 26 27 28 29 30 31 32 33 34 35 36 37 38 . 39� 40 Witness as to Surety 41 42 I PRINCIPAL: Gilco Contractine. Inc. BY: 1 Signature Leia McQuien, VP, Operations Name and Title Address: 6331 Southwest Blvd Benbrook. TX 76132 SURETY: Liberty Mutual Insurance Company r.� '4- - Si ature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Telephone Number: 214-989-0000 43 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 44 from the by-laws showing that this person has authority to sign such obligation. If Surety's 45 physical address is different from its mailing address, both must be provided. 46 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH .SANDEIZOSPHASE: 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 106430 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Bond #022236968 0062 14- 1 PAYMENT BOND Pagel of 2 SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Gilco Contracting. Inc. known as "Principal" herein, and Liberty Mutual Insurance Company , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW. LLC. authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of ONE MILLION, SEVEN HUNDRED SEVENTY-FIVE THQUSAND, SIX HUNDRED AND SIX DOLLARS & TWENTY-FIVE CENTS ($1.775.606.25), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number CFA23-0101, and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the r? day of �,a 1 :1;`t: t''<`� 20 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Pavina Improvements to Serve Sanderos 26 Phase 1. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH SANDEROSPHASF I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PR0,JE,CT.,Vo. 104030 Revised January 31, 2012 006214-2 PAYMENTBOND 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 '-" ; t - 5 this instrument by duly authorized agents and officers on this the'' day of 7 PRINCIPAL: Gilco Contracting, Inc. ATTEST: BY: Signature Lela McQuien, VP Operations (Principal) Sect Name and Title Address: 6331 Southwest Blvd `-1i lfvv—� Benbrook, TX 76132 Witness as to Principal SURETY: Liberty Mutual Insurance Company ATTEST: BY: CW,a.� rt'ttP1.� Signature Sophinie Hunter, Attorney -In -Fact (Surety) Secretary Name and Title $' 4 Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 8 9 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing that this person has authority to sign such obligation. If Surety's physical 11 address is different from its mailing address, both must be provided. 12 13 The date of the bond shal I not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH SANDEROS PHASE I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C77T PRD.Jf..'(T:Vo. 104030 Revised January 31, 2012 Bond #022236968 006219-1 MAINTENANCE BOND Page] of 3 I SECTION 00 62 19 2 MAINTENANCE BOND 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Gilco Contractiniz, Inc. known as "Principal" herein and 8 Liberty Mutual Insurance Company , a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, M/I HOMES OF DFW. LLC, authorized 11 to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the sum of ONE MILLION. SEVEN HUNDRED SEVENTY-FIVE THOUSAND. 13 SIX HUNDRED AND SIX DOLLARS & TWENTY-FIVE CENTS. ($1,775.606.25), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of 15 which sum well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA23-0101 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the y,�Ilay of f , ' r`��,A_ 20 � , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Pavinv_ Improvements to Serve 28 Sanderos Phase 1: and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH SANDEROSPHASI.' 1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C77T PROJECT fib. 104630 Revised January 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be fled on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 SANDEROS PNAV I CIT')' PRO.LECT No. 104630 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGI�D and SEALED this 2 instrument by duly authorized agents and officers on this the � day of 3 -1 �-�' VA" K LAB; . 20_ 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: (Principal t —1�{y Witness as to Principal ATTEST: (Surety) Secrgtapy a�� RR Witness as to Surety " PRINCIPAL: Gilco Cc�ntrytine. Inc. BY: Signature Leia McQuien, VP Operations Name and Title Address: 6331 Southwest Blvd Benbrook, TX 76132 SURETY: Liberty Mutual Insurance Company -4 BY:��_'�`s�t Signature Sophinie Hunter, Attorney -In -Fact Name and Title Address: 2200 Renaissance Blvd., Suite 400 King of Prussia, PA 19406 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 .S'ANDEROS PHASE I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C17T PROJ.E(7 A%o. I04630 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. Libe "t�: 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. Revna- Robbi Morales; Sophinie Hunter; Tina McEwan; Tonie 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 F� 1NSU-1 _0 INS&,p %NSU y The Ohio Casualty Insurance Company j �0 RP0 R4JQy(s� =GoµPORgTQ'y�n `P20RPOR-4 C,t West American Insurance Company 7 1 ui vil 1912ya o 1919 Lu 1991 0 / (v rd�9ss4 •`.da`1A y°y�%, MP`'��a� Y "NDIANP a3 � r /dr/ x N O CU to David M. Carey, Assistant Secretary ff " ca State of PENNSYLVANIA - 1 & County of MONTGOMERY ss o w 3 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 0 n o m 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 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > cIN 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. a D m 0 A.f. -M.r %; �. 0-O LrM ;-S ,�i�.;'-_, ..•'•, Commonwealth of Pennsylvania - Notary seal > _ do Teresa Pastella, Notary Public -(B O _ Montgomery County litlat—l& E My commission expires March 28, 2025 B ��i.G� a2 N C Commission number 1126044 y• Q O ++",�' Member. Pennsylvania Association of Notaries Teresa Pastella, Notary Public L it 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 cq •� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: O M dM a ARTICLE IV - OFFICERS: Section 12. Power of Attorney. `o 0 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 ia - President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m — > 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 -a CU 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 CO tv Zinstruments 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 then M provisions of this article may be revoked at an time b the Board, the Chairman, the President or the officer or officers granting such power or authority. T P Y Y Y Y 9 9 P ty• tL a 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 day of P� 1NSu,0 POSY INS" 1NSUp9 1J 4oµP0R,gr y J O0.PoR-Q f VQ• �µPORgr J :' Fo 10 Q 2� r�0 yn a4 FO to 1912 0 1 1 0 2 1991 0 Zm rW o Q 3 By: g'SgcNus``ada °�htiamPs �•aa� f�NOIANP�,da Renee C. Llewellyn, Assistant Secretary * H1 r 1 M + > LMS-12873 LMIC OCIC WAIC Multi Cc 02121 -. taw u_:.� . -_.._---------- -- --... SURETY 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 (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionn..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. NP70680901 LMS-15292 10115 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 (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: httn://www.tdi.texas,gov E-mail: Cons umerProtectionVtd i.texas. Qov 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. SECTION C STREET LIGHT CONTRACT FORMS a,Q45 a" -am PRfYPaAL Pw1arI SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project T[em Inrormnuon Bidder's Proposal Bidlut II= D=ripucp SpeclBcm. Sccnon Na. Uml or BLd Unit Pnce Bid Value No I I Memrc (Nannty UNIT V: ON -SITE STR ET LIGHTING IMPROVEA6 _NTS 1 12605.3015 2" CONDT PVC SCH 80 (T1 26 05 33 LF 665 S18.001 S11.970001 344l.3002 Rdwy Slluln Assembly' TY 1 I ICED A'IBI] Pk011 3-0 4l 20 EA 11 52.342 00 S39,814 001 I 3 3441.3301 Rdwv 111un Foundation TY 1 34 41 20 EA _! 7 $1.641.00 527,391 M 4 90".0008 s 10 CU XHM Elyd icnl Conductor 000000 LF 1.995 SI.60 $3,192.00 I UNIT V: ON -SITE STREET LIGHTING IMPROVEN! ENT$ $82.873-00 IwiT I](: r1FF-RITE cTRV11 LFGNTING IMPROVEMENTS I 2605.3015 2" CONDT PVC SCH 80 (Tj 2605 33 LF 2.255 S18.01 540.612.55 3441 1502 Ground Box Typo B. wlAvron 3441 10 EA 6 S662.00 $3.972.00 I 3 3441.3002 Rdwvr Worn Assembly TY IS (LED AT90 P303) 3441 20 EA 11 $3.22 Loo 535,431 00 I •1 3441.3301 RdwgIllum Fouedaban TY 3 3441 20 EA 11 S1,955.00 52t.505.00 5 9999.0919 t! 10 XHff W 00 00 00 LF 6,765 $3 72 S25, M.80I 9999.0020 24014BV Mclered Elecaic Service Pedestal with 6 Liahtim[ Contactor 00 00 60 EA 1 $6,112 00 $6.112.00 UNFT V- OFF -SITE STREET LIGHTING IMPROVEMENTS $132.798.35 Sid Summary UNIT !: ONSITE WATER IMPROVEMENTS UNIT II: ON -SITE SANITARY SEWER IMPROVEMENTS UNIT 1117 ON -SITE DRAINAGE IMPROVEMENTS TOTAL UNIT IV: ON -SITE PAVING IMPROVEMENTS UNIT V:ON -SfTE STIR EETLIGHTING IMPROVEMENTS $82.873.00 UN FT VI: OFF -SITE WATER IMPROVEMENTS LNFTVII:0FFSITEDRAINAGEIMu ROVEMENTS TOTAL UNIT VIIL OFF -SITE PAVING IMPROVEMENTS UNIT I%: OFFSITE STREET LIGHTING IMPROVEMENTS $132.798.35 Poral Conumcnon Bid $216,671.36 Cootrac[nr 4grees 19 complete WORK rur FINAL ACCEPTANCE within 40 working days after the dale when the CONTRACT cornmmcei t9 nm as prorided in the General Condnl dls. END OF SECTION ev: Ichard Wolfe `� ! (Signature) TITLE: President DATE: CITY Or FOR r WORTH .9TAH[b1R0 CONSTR[1VWN SPECINWADON WCUMIR s. INEVEL.OPER AWARM PAuL;C78 Firm V'm&pi=m a I. ypl5 014243_ UP p al DAP -h lep�ulr 004512 17AP PREQUA1.IFICATION STATEMENT Page I oil SECTION 04 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 Type" box provide the complete maior work tvne and actual description as provided by the Water Department for water and sewer and TPW for pavinl7. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian Independent Utility Construction, Inc. 02/27/2025 Lighting The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction, Inc, 5109 Sun Valley Drive Fort Worth, TX 76119 BY: (chard Wolfe nature) TITLE: President DATE: 61iigI'70.�3 END OF SECTION CITY OF FORT WOR7H STAN FARO CONSTR U CTION PREa.0 ALI FICATION STATEM E NT— OEVE LC P E R AWAROIE Q PROJ ECTS OD 4512_Pmque ll%cation Statement 2015_OAP- Independent.docx Form Version September 1, 20IS 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I I LSECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a). as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 102450. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 it 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 CONTRACTOR: Independent Utility Construction. Inc Company 5109 Sun Vallev Drive Address Fort Worth. TX 76119 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: Richard Wolfe {Please Print Signature: Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utilitv Construction Inc._ for the purposes and consideration therein expressed and in the capacity therein stated. j N ER Y HAND AN SEAL OF OFFICE this �''1 day of �.���, 20� - 1 - CHRISTINA GARCIA g=°r'' ,i Notary Public, State of Texas j}y Comm, Expires 12-20-2024 Notary ID 130940785 l END OF SECTION otary Public in and for the State of Texas CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No 104630 Revised April 2, 2a 14 2 SECTION 00 52 43 f145^43-1 Developer Awarded Project Agreement Page I of 4 3 AGREEMENT , r, 4 THIS AGREEMENT, authorized one- ?x lw 1 Q,_6is made by and between the 5 Developer, [Mli Homes of DFW, LLQ, authorized to do tusiness in Texas ("Developer"), and 6 Independent Utility Construction. Inc. authorized to do business in Texas, acting by and 7 through its duly authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Sweet Light Improvements to Sanderos Phase 1 17 City Proiect No_ 104630 18 Article 3. CONTRACT TIME l9 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 40 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 23 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer Two Hundred Fortv Dollars ($241J. Op) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance. CITY OF FORT WORTH SANDEROSPHASE 1 STANDARD CONSTRUCTION SPECIFICATION DDCUJ WNTS — DEVELOPER AWARDED PROJECTS CITY PROJECT Na 106430 Revised June 16, ZQ i 6 005243-2 DevelaM Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of Two Hundred Fifteen Thousand. Six Hundred 41 Seventy -One Dollars & Thirty -Five Cents ($215.67135 ). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 17 Proposal Form (DAP Version) 50 2) Prequalification Statement 5I 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (if required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 S. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may he delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH SANDEROSPHAS,E I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY AROJECT No, 106430 Revised June 16, 2016 005243 - 3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is snecilically intended to operate 82 and be effective even if it is alleged or Droven that all or some of the damages being 83 sought were caused, in whole or in hart, by anv act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 nrovision is snecificaliv intended to overate and be effective even if it is alleged or 94 Droveu that all or some of the damages being sought were caused, in whole or in part, 95 by anv act, omission or ne gli once of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7-4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all III remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH S4N]EROS PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Ctff PROJECTNo. IW3?) Revised June 16.2016 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 127 Contractor: Developer: Independent Utility Construction, Inc MA HOMES OF DFW, LLC ( Ignature) (Signature) Richard Wolfe (Printed Name) Title: President Company Name: Address: 5109 Sun Valley Drive City/State/Zip: Fort Worth, TX 76119 0N+(�� - Date ���yti51i1SAifr�r�f r a -lie rrrr�Ei A�xx +*�ti (Printed Name) Title: � Company name: M/I HOMES OF DFW, LLC Address: 700 SH 121 Bypass, Suite 100 City/State/Zip: LewisvillelTexas/75067 Date CITY OF FORT WORTH SANDEROSPHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 106430 Revised June 16, 2016 0061 13- 1 PERFORMANCE BOND Pr_e1o12 Bond No. 339737Y i SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction. inc. , known as "Principal" herein and 8 Westfield insurance Company a corporate surety(suretieS. if more than one) duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more). 10 are held and firmly bound unto the Developer, M/I Homes of DFW. LLC, authorized to do i i business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 (-City"). in the penal sum of, Two Hundred Fifteen Thousand. Six Hundred Seventy -One Dollars 13 & Thirty -Five Cents ($215,671.35) lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, jointly unto the 15 Developer and the City as dual obliges, 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 23-0101 ; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer 21 awarded the day of201hich 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 defined by law, in the prosecution of the Work, including any Change 24 Orders. as provided for in said Contract designated as Street Light Improvements to serve Sanderos 25 Phase 1. 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 faithfully 28 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. 32 33 CITY 01 FORT WORTI I Sanderos Phase i STANDARD CiTY CONDITIONS — DEVELOPER AWARDED PROJECTS CiqProject No. 106430 Rex ised .lanuarr\ 31. 2012 0061 13-'_ 111:RFORNL\NCE BOND Pa,ue 2 ol'2 Bond No. 339737Y 1PROVIDED 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 5 6 7 8 9 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day 0 '�,At AtV— . 20 ATTEST: (Principal) cretary Morgan Wolfe �qu,e itiiess as to Principal Christina Garcia s % Witneas to Surety Elizabeth Gray PRINCIPAL: INDEPDENT UTILITY CON UCTION.IN . BY: �7nature Richard Wolfe. President Name and Title Address: 5109 Sun Vallev Drive Fort Worth. Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: Signature Kvle W. Sweenev. Attorney -in -Fact Name and Title Address: 955 Garden Park Drive, Suite 230 Allen. Texas 75013 Telephone Number: 972-516-2600 Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised .lanuan 31. 2012 Sanderos Phase I Cite Pn�lect No 106430 00(,I14-I 1' \Y%11:NT BOND P sae i of 2 Bond No. 339737Y 1 SECTION 00 62 1.1 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That \•ve. independent Utilitv Construction. Inc. , known as "Principal' herein. 8 and Westfield Insurance Companv a corporate surety (or sureties if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer M/I Homes of DFW. LLC authorized to 11 do business in Texas ("Developer"), and the City of Fort Worth, a Texas municipal corporation 12 ("City"). in the penal SUM of Two Hundred Fifteen Thousand. Six Hundred Seventv-One Dollars 13 & Thirty -Five Cents ($215.671.35) lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas. for the payment of which sum well and truly be made jointly unto the 15 Developer and 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 19 Agreement, CFA Number 23-0101 ; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer. 21 awarded the �ay of �`t� 20which 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 Street LiLdht Improvements to serve Sanderos Phase 1. 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 CITY OF FORT WORT] I Sanderos Phase i STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Cm- Project No 100430 Rey iced Jmnrm 31. 2012 0061 14-1- PAYNAI-N-I' 130\D Paee 2 of 2 Bond No. 339737Y 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 10 4 5 6 7 8 9 10 11 12 13 accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 11IStrUment by duly authorized agents and officers on this the ATTEST: "'W (Principa Secretary Morgan IF Witness as to Principal Christina Garcia ATTEST: (Surety) Secretary Frank A. Carrino WitnesAs to Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONS CTION.INC. BY: Signa ure Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth. Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY Signature i Kyle W. Sweeney. Attorney -in -Fact Name and Title Address: 955 Garden Park Drive. Suite 230 Allen. Texas 75013 Telephone Number: 972-516-2600 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 I ORT WORT I Sandems Phase I STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Cite Project No 106430 Revised .ranUary 31.2012 0062 19- 1 I'Oa1N] ENANC1: BOND Pr_eiof, Bond No. 339737Y I SECTION 00 62 19 2 MAINTENANCE BOND J 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Indenendent Utility Construction. inc. . known as "Principal" herein and 9 Westfield lnsurance Company , a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 1 I are held and firmly bound unto the Developer, M/I Homes of DFW. LLC. authorized to do 12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City`), in the sum of Two Hundred Fifteen Thousand. Six Hundred Seventy -One Dollars & 14 Thirty -Five Cents ($215.671.35) 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 16 Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, 17 executors. 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 21 Agreement, CFA Number 23-0101 ; and 22 WHEREAS the Principal has entered into a certain written contract with the Developer 23 awarded the � day of � Vl, X200 which Contract is hereby referred to and 24 a made part hereof for all purposes as if fully set forth herein, to furnish all materials. equipment 25 labor and other accessories as defined by law, in the prosecution of the Work, including any 26 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Street Light Improvements to serve Sanderos 28 Phase 1. and 29 30 WHEREAS. Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans. specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period'); and 34 CITY OF FORT WORTI I Sanderos Phase I S TANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Cite Proleet No, 106430 Revised .Ianuary 31. 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 000219-2 TN I'ma 2 or 3 Bond No. 339737Y WHEREAS. Principal binds itself to repair or reconstruct the Work in whole or in part Upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE. the condition of this obligation is such that if Principal shall remedy any defective Work. for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is aureed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond: and PROVIDED FURTHER. that if any legal action be filed on this Bond; venue shall lie in Tarrant County_ Texas or the United States District Court for the Northern District of Texas. Foil Worth Division: and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTI I STANDARD CITY CONDITIONS — DiiVELOPtR AWARDED PROJECTS Rev ised.lanuan 31.2012 Sanderos Phase I Cite Protect No 106430 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 006219-3 MAINTENANCE BOND Paee 3 of3 Bond No. 339737Y IN WITNESS WHEREOF. the Principal and the Surety have each SIGNED and SEALED this instrument bV CIUIV authorized agents and officers on this the 1 da;% of � �, 20 113 ATTEST: (Principal) cretary Morgan olfe g f � 'tes as to PrmciP al Christina Garcia ATTEST: (Surety) Secretary Frank A. CaTrino � 1—A x Witness' to Swe, Elizabeth Gray PRINCIPAL: 1NDEPENT UTILITY CONS UtTION.INC. BY: : ' ` S1� afore Richard Wolfe, President Name and Title Address: 5109 Sun Vallev Drive Fort Worth. Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY ir' R Signature f Kvle W. Sweenev. Attornev-in-Fact Name and Title Address: 955 Garden Park Drive, Suite 230 Allen. Texas 75013 Telephone Number: 972-516-2600 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 fi-om the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Sanderos Phase I STANDARD CITY CONDITIONS — DFiVELOPER AWARDED PROJECTS C av PrQlect No. 106430 Revised Januar. 31. 2012 IMPORTANT NOTICE To obtain information or make a complaint You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httiD://www.tdi.state.tx.us E-mail: ConsumerProtection(cD.tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comppny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: httr)://www.tdi.state.tx.us E-mail: ConsumerProtection(cr�.tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 08/23/23, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220052 06 Power Westfield Insurance Co. of Attorney I. Yesttieid National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center. Ohio Know Ali Aden by These Presents, That WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. corporations. hereinafter referred to Individually as a "Company" and collectively as "Companies,- duly organized and existing under the laws of the State of Ohio. and having its principal office in Westfield Center, Medina County. Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, DAVID SWEENEY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seat of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts. agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 23rd day of AUGUST A.D., 2023 . Corporate ,\�gupA`r,"'- o nN"I!'. ''' 1F�SU WESTFIELD INSURANCE COMPANY �, ;SIN. �.• WESTFIELD NATIONAL INSURANCE COMPANY Affixed d �v: _ OHIO FARMERS INSURANCE COMPANY ' a = =r:• SEAL State of Ohio�`w,,,,,,,,,,,,,,N''� ., *,,, .,.,.., By. .-: ;.,_ •+,:..;: *" County of Medina ss.: Gary W.Stumper, Nationa(Surety Leader and Senior Executive On this 23rd day of AUGUST A.D.. 2023 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument: that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial ........,, Seal ,.```"R� A L S•'•., Affixed �P.•\\"'r,�j _ F State of Ohio David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: :, 4•���= My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) TE OF O , I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect: and furthermore; the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A. D., IJ AA .. ; . �P,••• • �- �'• SEAL•� � _ SEAL � � ��. i�g `.r: r: _® �A 1 / Secretary ..... r P Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by UNEp,�I AC E C CS AMER1C N COUNCIL OF ENGINEERING CO-KEE5 pF �MER��a SKILL RfffON51S11 ,{ INTEGRITY SCE American Society National Society of Professional Engineers Aof Civil Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by lov CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nsm.ora American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or2 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.or2 Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.a2c.or2 The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 - Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2 - Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.02 Copies of Documents.................................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed.............................................................. 6 2.04 Starting the Work.......................................................................................................................... 7 2.05 Berme Starting Co.ftyu--\ion........................................................................................................7 2.06--'I-eeenstme ien Genferen si,.,,atio,, f n„ffie -i d ................................. 7 2.07 Initial Acceptance of Schedules................................................................................................... 7 Article 3 Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Re"--,xjjo 3.03 Reporting and Resolving Discrepancies...................................................................................... 8 3.04 Amending and ontf"- Daetxffients.................................................................. 9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4 - Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points..........................................................................................................10 4.01 Availability of Lands..................................................................................................................10 4.02 Subsurface and Physical Conditions..........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................11 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 - Bonds and Insurance.....................................................................................................................16 5.01 Per-fefma-nee, Payment, and th--y Pondo..................................................................................1 E 5.02 L,. oo rx ad Ezuritir✓axd InDu m...................................................................................................16 5.03 C-crtifoatos of ............................................................................................................. IC 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance.......................................................................................................18 5.06 Iloparty Insum-noo...................................................................................................................... IS 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds........................................................................21 5.09 Aeeepta-aco of'Bonds a r„ ee; Option to Rep' o...........................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 5.10 Partial Utilization, Acknowledgment of Property Insurer.........................................................21 Article 6 - Contractor's Responsibilities........................................................................................................ 22 6.01 F/apo wioxi and ..............................................................................................22 6-02 LabaF, V nb Houno................................................................................................................22 6.03 F-a iijoo, l\Iatesmiq!., and Equipmznt...........................................................................................32 6.01 Progroao Ea'iedule....................................................................................................................... 23 6.05 F/ab-,dtutoziaxd "Or Equar.......................................................................................................... 23 ti C,,,,,,o,., ing Subcot#t.,eto o, F/applie,-s and Othe-0 25 6.07 I�tc�nt Foaz and P_oyaltiao...........................................................................................................2E 6.08 Permits.........................................................................................................................................27 6.09 Tr,us,&xd P_obulatia.................................................................................................................27 6.10 Taxes...........................................................................................................................................28 6.11 Uoo of Fito and Cthe ^jo-ai .......................................................................................................2° 6.12 R000rd Po-oximonto......................................................................................................................2,9, 6.13 Fiaf&y and IZ ctt�,tios.................................................................................................................. J'' 6.11 F/afoty R--prooan-Wi:°o.................................................................................................................30 6.15 I-Ia �rnn-ruiiia�z�rso.............................................................................................30 6.16 Emergencies................................................................................................................................ 30 6.17 U.)p Earspizo...................................................................................................... 39 6.18 Continuing the Work.................................................................................................................. 32 tl 19 Cent,.,,, ter-'s Gene,,! W .„.an, y and n,,,,,.af4eo.......................................................................... 32 6.20 Indomnifioation 33 6.2) D„ n Fie::J000.............................................................................. 311 Article 7 - Other Work at the Site................................................................................................................... 34 7.01 Related Work at Site................................................................................................................... 34 7.02 Coordination................................................................................................................................35 7.03 Legal Relationships.....................................................................................................................35 Article 8 - Owner's Responsibilities......................................................... 8.01 Communications to Contractor .............................................. 8.02 Replacement of Engineer....................................................... 8.03 Furnish Data........................................................................... 8.04 Pay When Due....................................................................... 8.05 Lands and Easements; Reports and Tests ............................. 8.06 Insurance................................................................................ 8.07 Change Orders........................................................................ 8.08 Inspections, Tests, and Approvals ......................................... 8.09 Limitations on Owner's Responsibilities .............................. 8.10 Undisclosed Hazardous Environmental Condition ............... 8.11 Evidence of Financial Arrangements .................................... 8.12 Compliance with Safety Program .......................................... Article 9 - Engineer's Status During Construction 9.01 Owner's Representative ..................... 9.02 Visits to Site ....................................... 9.03 Project Representative ....................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 36 ....................... 37 ....................... 37 ....................... 37 37 37 37 38 9.04 Authorized Variations in Work.................................................................................................. 38 > 10 9.06 Shop Drawings, Change Orders and Payments.........................................................................38 9.07 Determinations for Unit Price Work.......................................................................................... 38 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .................... 39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program...............................................................................................40 Article 10 - Changes in the Work; Claims..................................................................................................... 40 10.01 Authorized Changes in the Work............................................................................................... 40 10.02 Unauthorized Changes in the Work........................................................................................... 40 10.03 Execution of Change Orders....................................................................................................... 40 10.01 Nctl-Kcal';or, toEurct;...................................................................................................................1 T 10.05 Claims..........................................................................................................................................41 Article 11 - Cost of the Work; Allowances; Unit Price Work....................................................................... 42 11.01 Cost of the Work.........................................................................................................................42 11.02 Allowances.................................................................................................................................. 44 11.03 Unit Price Work.......................................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Times...............................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Times.......................................................................................................... 47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 N ' 3fr+ is t2 n2 A,eess t lark............................................................................................................................1.0 13.93 Tv.2"xd Lxcpcotion-o .................................................................................................................. A 13.('/1 ........................................................................................................................19 13.05 Owner May Stop the Work.........................................................................................................49 13.06 Co t ,. n omc7�ul of Dofooti .'o V'onC................................................................................ 50 13.97 Cn-Tsotios Nviod........................................................................................................................50 13.04 A000pl noo of Dofoot,.vo Vloxil.................................................................................................. 51 �o:k......................................................................................... 51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values..................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 11.93 Con,'k-uotor'o VI&nu-nVy of 'T'itlo................................................................................................... 55 14.04 Substantial Completion...............................................................................................................55 11.95 Partial Utilizatim........................................................................................................................ 55 11.0E Final ...........................................................................................................................5C 14.07 Final Payment............................................................................................................................. 56 14.08 Final Completion Delayed..........................................................................................................57 14.09 Waiver of Claims........................................................................................................................ 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 Article 15 — Suspension of Work and Termination ...... 15.01 Owner May Suspend Work ...................... 15.02 Owner May Terminate for Cause ............. 15.03 Owner May Terminate For Convenience. 15.04 Contractor May Stop Work or Terminate Article 16 — Dispute Resolution ......... 16.01 Methods and Procedures Article 17 — Miscellaneous ............... 17.91 Notion ............... 17.02 Computation of Time . 7.93 Rc,modica.. 17.04 c,,,.,ya of Obligatian3 17.05 Controlling Law ........... 17.06 Head ag5....................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 58 58 58 59 60 ............. 60 ............. 60 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim —A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. eeneerning tha—Work. The or., n-,proocatatiens, er agreements,. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 63 �7 G t,,. , t ll �..,,. 't designated A Only to ha 7 z,. cv�rccru crvvcccrrccrr� T � � �cefiij-�v�cc�ig�luc irrgF@efi�efir-viir`��rcccr-vizrccrcc eepies of the items listed in the Agreement are Gentr-aet Deeumen4s. Appr-eved Shop Drawings, other- GepA a for vab\-n-itt-als, andthezepei4s and dfawings of ub= faee an 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. t o Engineer Tho indivi t,,,,l e ftt;t y n oa e i 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. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. A41esoipal o.'ent speeiedinthe GepAr-aEt Doeumenisrelating to—z n iatei:mediate eemplefien date or- tinic par,oT to F�alTirt�ant' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 63 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 63 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site Lands or- areas indieated i the CepA aet Doe ,,,v,onto aj being f,,,,;she by Owner- upon �x� 1 r^ 4� a As whmein'—iT. � o p � t� c � �-�==�y�-e��e�e��-e-acee theFete, and sueh other !a-nds fiffaished by Ov,%er- which are designated for the use of :i1 T1.-At . a -A of the !`o t, et Do r,ts eensisting of F tto requirements f mater-i-als, e"ipmefA, systems, standards andwaOrmamhip w applied to the Wof'� eftai administrativer-equir-emeats and p oduml mattowrappli,.able thefete, 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. Work includes pfevidi*g all laborr,seiwiees, and doetffneltation neeessar-y to ee sued eenstFietiena installing,s all nxitc6al , all as required by the Gentmet Deewnents. 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 63 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. !!! ....—ss!V-9 M KVsMM� VViesFJ UM M r r-T_ b. does not meet ther—eqir-ements ef-aiy appWablle ; eetior r-efer-enee standard,toss appfeval r-efeffed to in the t cutnafft o. lx\3 been damaged prior- to E*gin"N'o reeammendatien—e� xn ? pay nent-� responsibility fef the pr-eteetion thereof has been assumed by ar at FieLstaflt4a! Completion in aeeer-danee 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 63 The =wefd--�-'fLL"T illy" 711hen used in ee nneeti6irwiti ".serviees, f rat@ri-alq' -_ —1, ., shall - mean to stipply and delivef said s ag, mat✓rial , oeifiea loe ation) ,.o dy for- useor-installation and is Wabopefable , „ditio,, 2. The wofd "install," when used in connection with sef-,4ees, fna4erial_ ent, shall fnean to pu4 into use or- plaee in final position said I Pment eomp! 3 The =words '�per-fofm" "provide," when used in eonneetion with ssefyiee , fnmer-ials or equipment, shall mean t furnish and4a-,tall aaid �,; o�� ,v,�teri ls, oF equipnn~lt-c-o� and ready for- intended use. 4. ]MR-e-n- " furnish " "inol ll " " 4 ,.,,, » " tu"e�eonneetioirwithsei-viee$ p� �n�9�pfevide" �rs-i�v �, materials, omoat in a cent✓%t moany-req,,;,.:„h aobligation of Centr-aeter-, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed • _ Nefiee to Pr-eeeed may be givon at any time within 30 days after- the Effeetive ■ ate e- Agr-eefnefit. in no event will the GentFaet Times eemmenee to-Fun4atcy than th2 six4ieth day the day of • openor-er-■ ate of the Agr-eement, Qs?�—Q i _*.�F. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 63 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. wk�• , �r►+ :rs�:e� VIA �ers:ee:�rs��srzs:rs�:r_NM=r0 _ . . M 1. a prain-smsNary Progress Sehe"Ie ifidiea"g the times (ffumber-s of days or- dates) for- staA4-ng and completing the vaf!ious stages of the Work, including any Milestones speeified in th 2. a preliminary- cif F&abmittals; and 3. a pi0111'�11�:y�Ei?� a"lo ,f �7,1„0� 4^« �]I In 11cnzncsiliiciiit�tie cc�-��i i4ems whiek when added tagethef! equal the Contraet Pr-iee and subdivides the 3A'efk ifi4e eempeneat par-tg in oaffiieie - � o,.,,e as tho ba10 for- pr-egfess payments a,,..;,,g e an apppapri to ., nt of ever -head an A. Beforeany Site t tt 1, n r „f �:.' 0.t �TrccisrcccFte , E6iriefenceircceii a �cr-cvizcruEt9r, Engineer-, and as apprapr- to will be held t tablioh a amang the pafties as to the Work and to diseuss the schedules--efel=redo in Barugraph 2. h and4i g Shop D wngs and rubc-nitteala, pmeesrsi g Applioations for- Payment, rmir aining r-e"ir-ed r-eeer-ls. aet as its authorized r-epfesefAafive with r-espeet to the sefviees and responsibilities tmdef the Contr-aet Sueh in&v;dii o'm-\L In„o the .,,,4ha -i� ' t t,..,,,sfnit inst ,,bons o o e ,& ,.,.v,atie,. =ender-leeisions relative to the Cen#ae ether eat cn Kxhal 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 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 63 the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. A. 9t&ndar-ds, Specif eatiens, Go a, 1 . Refer-enee to standards, speei, r. nualo, usean), teehnieal sec-iet3; organization, , by inipliemi'�., 91m11 nsea the standard, seeifi on, nnnual, aede, ^vr- Laws or- Regulations in effeetat tho tiria on tho Effeetive Date of the Agreement if were no Bids ^op"o .nmy be other -wise s eeif ea ly stated i the Ge t, aet P,.,.,,, e ts standard,2. No provision of any stieh speeifie ox.� iifxlzl, ar eedo, or anzy inst..te fi ,n " Supplier-, shall be effeetive to ehange the duties or- msporviNhVios of Owner-, Contr-aeter-, eT f tMr vaboantr-aeter-s, eG izidtant , , ftem these set to Owner-, Engineer-, or- any of theif- effieef-s, dir-eeter-s, > , agents, eensukants, or mbsentr-aeters, any dtt . „t or-ity to supet=vise or- dir-eetthe with isionz o 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 63 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). A. The Gentfaet Doeuments may be amended to r 4d f r aaditi�:U, deletions, revisions in the Work or- to modify CL'im and , ndit ons thereof by either- a Change Order- , a Work C.Nanbo Dire B. Tho r„ , and minef- vafiations an deviations in4h"�o.Ak—r. w-, be authorized, by one or- more of the �Aowing waysit 2. En&ec '3 appr,..,. op Drui or Fa.,�!,ple (subjeet t the pfovisions ,.fPafagf EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 9 of 63 3. Engineer's written interpretation or- elar-ifieation, 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 63 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. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 63 4. 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 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 63 4.04 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 63 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports a n Conditionsa ti fy i4 a r�rcc��v^r"z�--c^crcc�ricvct' 9 �app �circa�=�c�eiiar� � iep^vi,s--ilia drawings knoy,,, t Owner- ,-elating4o Hazardous FknviFenmental Conditions 4i t have been identified -at the Site. B. Limited Befianee by GoHtffietor on Teehnieal Data Authei4ffed-.- Gep.#aeter- may rely "en the aeeuraey o "teehaieal data!' eentained in xt-\h rapers -arid drawings,lt sueh r-epeAs z n drmvings are not Contraet Doeuments.Sueh "te-ohnioal data' is identified in the Supplementary Conditions.�, " Cei4r-aeter- may flet rely tipeff or-- make m-[ke any olaim a or, or an,°-eft#eir effeer&,—d}reeters-,�� , p= ems, fees, agents, Eensultants-,or cu'-sD-mt ..,,.too , 41, ee o limited to, any aspeets of thz -.=am, :-.wtheds, teehaiques;-se . Rees andpfoeedtffes of n.,t,..,etio,, t be e ,.leye.a by Gefl.,, for and a� � ,. o „bons „a „ gmmo inaide nor 2. other- data, interpret , opinians and infennation eontained in stiell fepoi4s or- shown of indieated in o;n'i dings; er 3—canyEentr-aet6r- interpretation of ^vreel-�^�rw"' fFe • "teC iii�Es C alx" o: am j 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 14 of 63 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 parry may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 63 ARTICLE 5 - BONDS AND INSURANCE A. Gorrtrae or 1'1a11 fu:m1'i performawe and r ent b ads e -A� in as am. at ,4 t least equal t the contfaet Priee as seeii ity for the faithful perfomance�d payrnei# of all of Co traetef!�s obligations m1e,�intraet Doe eats These >-.e do okal :cmir. ix -CffeEt tmtilofle Ye after the date-xhen final pa,men ��o or until zompletion of the eorreetion r ^a speed 1a ?-11.mgmph 13.97 whiebever is latef, except as provid€d oth€m4se by Laws oRegulations or- by the Contmet Doetiments. GopAraetor shall also furnish sueh othet! bonds as are B. All bonds shalZ�r- the efm prescribed the ptraet Doeuments exa--Tt ao pry ided othefwise by Laws or- Regelations,-sand obalk' be ew„ted by stteh sreties as afe na �d ir. tl , Lst o pu-bl:�,hed in can (. „ded t., tko Fi-atw4al Managemei# Sur-ety Befid �z, ,,a'�, UX. D: urtmei# of the Ttvasufy. All bonds ;=greed authority to bind the sufe+- ev nee of authofity ohall oha.. that it is eff e*;. e or the date toe agent , .,t,,,. ey i f et signed oa h bore. ere:�:r:eeeeese�:�. .ram -, 77 eea es WA mweeett the requiremepAs of • • and Engineer-'d ahsall, 'Vithin 20 days after- the event giving rise to stieh flotifieation, anothet! bond and stifety, both of whioh ball somply with the requir-emepAs of Paragaphs 5.0 1. A. All bonds and in ifed by the Gon4faet Doetiments o bo pur��l-asod and maintain n,A%e,- or- C,. , , actor cell bo obtaineduns curoty or oo:zpm� that are duly l eense of &athorized ir. tho juriodietioi. ir..j,Pr-ejeetcc i imtun e keies f r the limits an r • omgoc %&++hired. Saeh wety and i-m-m-nee eompwKvG,11-aL aba mcfntari A. CofAmetor chall delivef: to 9wr,�ith eo„ies to eaehh-additional icar-and less rpayee- identified *"o Supple wanee r-equested by O.Ag er-or-wiy the- .,ddit;o-al itxmraa` .v�ieh C,.,,t,..,, ter- ; r-eqttir-ed t B. Owflo 31mll deliver -to Gentraeter, with copies to-eaehh-ad irn-,xred a-.,,Nd l000 payee idef4ifie *"c F/appl. wanee oste by Cofit-..,, tef:or-wiy the- a onital Vwama' wh t, nir-ed to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 63 C. Failure of n.t nef t ao,.,.. ,,,d vaa'i ae, ifie.,tesor- other- e .idea e of Go tfaetef's f,11 ^orspl�see .,:mac mmmnc omplian e 4,.f the e ,;,lenee pfovided d'mL r t be , nstmeed ao a �faivtr- f GofA,aetor-'s obligation t ffiail4aifl Sife>, , D--vvvii represent Oiat isiiee Eover-age—ai3d li.mits astablished in this Con Ell}a im-u nce-and imculasce limits red heron z�.m11 gated w a lirsitation-on CefAfae ar'o liaNlit„ ,,. deF the indet,.,,,;ties gFanted to Owns in the Ge t, aet n,,,.,,,,. e t. 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: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 63 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. Contractor Shall include the Engineer and their designee as additional insured. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. A. Unless ethefwise pr-evided in o F/applc� ap chall purchase and main*.,:,, prepin-,umnse upon the Wok at the Site inthe amount of the -fill rs ,aoeme t eest thefee required by Le„d Rogula:erz). Thin irn u r.oz Jmll: 1. inolu , individuals or- entities identified in the Supplementar-y Conditions, and the offieer-s, , memb , partnefs, employees, agefAs, eensultants, and sikeefftfaetefs of zadli and e€ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 63 the eaeh of ..,t,,,,v, is deemed t 1, ,.,o an interest and 1mll b misted aa a lass i e; 2. be , rit4e„ en a Beil--'o RlLll "al p key f ..,m *a'al at logo l-loumrs€er physical loss damage to the Work, buildings, f 'rework, and mato ials and €"ipment in tmsvt-and mhall insure agams t least the following p ,-ils o eatises f less: lightning, a atheft,a i a 1 rrrr�,—e�r�e�%�ccrE6v�rzg��z""c"rn-iur'rsnhic�om mlssic,cc^cr , eollapse, rmoval, water- damage (other than that caused by flood), and sueh other per-ils or- eattses of loss as 3. ..ludo 0 ,.,.-.ed i t o xpair laeeme t f any ; ,oar pe -ty (ine „ding bu net limed to fees ,,,,,a ehar-ges f efig nee a,a ,,,.ehite ets); 4. eoverat-ialo and equipment stored at the Site at another- lec-ation that -vas �� d tlxat v.n'i rnatanalo asd ; 6. inelude testing and Startup; aft . be maintained ; off �, fisal ig .rya Ownet!, CefAr-aetot!, and Engineet! with 30 days written notiee to eaeh other- loss payee to B. Own,- ohall pare which w''�n6lude the iRtefe is of Ownef, C-eetraetef:, Subeontrae xm, a&d Engmeef, and any othez ndivi,a als , tiger identified i *"o F/applo-m > , eaeh of whom is deemed t t..,.,e an instifuble interest .,,.,d o,'1all be fisted ao a Iwo per ee, C. All the poheies -ef lnmmroe (a -ad the eeFtifieates or- etheTevideneth Feof) r-equif:ed tee d maintair.din eeordanee-with this Pamgmo. 5.96 will -eentain a pravision o reused until at eaeh other- loss payee to ,,,1,,,.,, a o 4ifi ate f i.s.\slnamoe has beon inmod and will eefitainwaivef- . o with Pamgmph 5.97, D. or c1'1sL nat be responsible � r p ,.,.1,,,siag and ,r A.,;,,;ng ai+y e, irn( -m-,we speeifie hrthio Pamgmph 5. oru its tha „'erg -to the extea* of any de"etible ametifAsthat f:e identified is tho F/appl Condition. The ,,,hasef's „ azpo-n\3o. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 63 E. if Gentfaetor- to is -nri ng that -ethef speaal incu nse be Helude tN. pi�17� i anee peheioo rxovided ader—thij Damgmp ,. 5.96,-0vmor ohall, if possible, ice, and the eost dw fe fill ba ohargea to CopAr-aeto,- by appropriate Change Or -den Pr-io, or ixalmsce has been p roa 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: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 63 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. A. if either- name, -or- Gefi . otor hro any ebjeetien to the eave�ge aff-ar-R other. . . of the 1.e c 1naLmn e o rod to bQ purshasedlcr-and maintained by the--ethcc pat`, aeeerdanee with Aftiele 5 en the basio af fe , rf ,.manee with the Cent, aet r,,,,,,,,, ents the ob jeeting a4y aliaL og notify the other- ruing within 10 days after- reeeipt of the shall eaeb provide to the other- suesueh additional i f.,,-.,,.,tio in v eet f inDw--ux e provided , the then m o rably feVest. if either- pa fty a es not ,. ,.,.haseor- fffantain all f the the ends and inwransalto, vat olmll notify the to m. intair. INS e in tlaz r. edy, the oqui.,.,lobonds-or L'iLum—ioe t pr-eteet-suehother party's ifAer-ests at the expense of the paFty who was r-e"ir-ed to provide Stfeh eevefage, and Chi go 9r3ar obvmkI bo ioruto adjUc-t tl.o r,,,,t, aet Pr-ieo aeeer-dingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 63 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES A. -cvirtr-aEtZ shvll 11pofnvise, ins-pe^cr- and rcrirec oizE6irrpeceTirry--c'H3{crrrEienrry, ,-ccev^vcarg such attention thereto and a p1. ing s-uo i shills and-expa~tiso as ma, be „ , to turf ,.,,, the means, methods, techniques, sequences, and procedures of eonstmetion. Contfae or shall natiae method, teehnique, sequenee, nit -all times dut!ing the pt!egress of the Work, Goptraeter shall assign „etent r- siden super-intendeat ..,t.o s).m11 n under extraor-dinar-y st A. Contfae or shall pravid- x.r7 '1- xxxx�:e!�sea x-x- .�er�:eers�ersrirell D- t fnaipAain good diseipline and Smite, B. E*eept as et4e- ise oqulmd for +�c=ezy- of pfeteefien of per-sonsor- the W,. E , pfepeAt--at thereto,the Site or- adjaeent > all We at the- ito o,'a1? 1-v po e ,awe r4ing het -s r ftraetef: will not e *tee per-f6rmanee of War-k on a Saturday, Sunday, of! any legal holiday without Owflef!'s wf!itten eefisea4 (whf-Ah will nat be ttf -e s,,,,,,,.ly.T,;thheld) &vea ftef pfief wr-ittef fietiee to Efigineef. A. Unlom athefwise speeified in the Contfaet Deettmen4s, Gel4fae or d.m11 provide a -ad assttme fid mWo,nsiblllt'j-4Z ZL 0-e-fN4o00, m—a-tCotialb, oquipment,, labor-,tra-aspveFtalion, ee stfuetion d rna&x»nety, tec4o, appliano. , sanitafy f4eilitigstemper-aFy f4eilities, and zL othef: f4eilities and ineidefftals neeessafy or- -B. ^AlI mAta"1�.�V Z&j e6f:per-medifAe theWoyt ohuzL bo as speeified ^r ifnots veimfie shall be of good "ality and new, exeept as othe iDo pro tided in the GofitfaetDeetifilexTs. All spea�al omc�s'\a11 e ssly M r to the ber��* furnish reports -of f:eqaif:ed-tests) as to the seume kind,and quality ofRa:i lo zap G. 'lircctc6al0 an d, aW.lxl, in.-Aeallo , eanneeted, efeeted, , o F/applier-, e*eept EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 63 A. Gontr�r Shall adhere to the D,-ogr-ess Schedule established ; aeeor-da-nee . „tt, na,..,puph. 2.07 ao it ,,4&w, be .,E1; sted ffom time t i pro 1. C, ntr-actor shall Submit t Engineer- fn,. a rta e (t the extort indi aced in Paragraph oito is the Progress Sehe „le tha will n ghe Contfact Tifnes. Sue h will comply with any Provisions of the Gen A. eva an itoim af matoxial or equipment ; speeifiedor- deset!ibed i the Cont. et r,,,,,,,ments by , g the name f a p „,or- +"o ofrtioular Emppliar the s i foe do description is int , and quality t!eqttir-ed. Un the speeifieation or- deser-iption eentains of is followed by wafds r-eading that no like, , or- "or - " item or no oubotitu-tion i5 pomitte thee- items f material or oquipmnt or tI.;,Nor Eupplors may bo oubx itted to Efigi eef: � r Y o fidef the . f it P'sgineei's--sole diser-etion an item f m er-i ,1 of ogaipmxxit Similar so that He it -an, in v.hieh ease-Fevie-v and appraval of the pt!oposed i om ma,, in Engineer's sole diser--6on, bo a eompli�ha T ��- zomplmno appFoval of ad oubDq, "e items. FoFthe putpeses of this -Par-ag apl3.o��a preps nmte6al or oquipment will be eonsidefed ffinetionally epul to an item o named ;f• a. in the tuinoo tint: l' it ;s a4 least equz in rat--,6ab of eentmetier>, "alit3�durab lid,, appoammi strzrgth, an ; r��!�n:!�ss rrr�ssr_srsse�s�ee�s�ree�se��Rr�sr_��se� F�Tsrsnt�rr_ . .i ai" ci. named in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 63 a. if i Engineer's sole diset!eti ,r an item of ma- eilal or equipmepA proposed by rV,,,,traeto does not "li f , "o as "or equal" item usder- Pafagl a -ph 6.05.A. 1,ztwill e-eonsidered proposed vab 3titut item. b Goatr-aeto Mmll v bm. —t sufF;eient ;ff as m ppwilded below to allow Engineer to 4et:.Y"mino if the item f mate,-;"1or- 0 ni proposoa is essenlially equivalent t tL,"� ;toms of'material o egail"rnont will not be " ptoa by Engineer fry,,,, anyone othet! than row d. Contraetor z1,.\all shah -vfi4m applio f a pmpooed "tee item of material oi! equipmetA that Contfaetor- seeks to furnish ot! use. The application: 1) d-m11 : ef4 f., that toe pr-epesed stibstit to item will! a) per-fenm adequately the ftmetions and achieve the restilts called for by o pno' l design, b) be oimilar in oubstanee to that see fie and e) be Suited to the o u--,o m tlmt-speeW+e4,-- ?) will otate.L a) the crtLxit, if o itom -r 61ee (''.fAt:.,ete-F's . ehieyemetA of SubstafAi ,1 Completion e time in tke any f the r rtf t r,,,,.time is (et: i the pf:evisiefisof aiiy a;,.o t CC A-„�F � with Ownef for- other- work on the Pr-ejeet) to adapt the -A�,gn to the pr-Opos „t,stitu4e item n e)- wheimc/rp d mbotitute iteri, in eonneetion , .i a) aL : atio," of the proposed s4stit„ e item fr,,,,., that s .,;fie and co, frmintenancv, mpmir, an ; 1) 01m11 ee*tais an itemize' estimate of all eestsor- or -edits that ,,,ill mwaltdifvetly or i ee4y-fmm uoo of —such valrr�t tte i �-��, inau o*n and 6ainm a€ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 63 Means, > SeEttleftee, OF PfE)ee&fe Of Lies io OXV.8SSIY feEftfifed by the Gfflitfftel DeettffleiitS, o e+;On aVIRaved by Engineer nor chill submit su f fieie t in f fm t; ^„ to allow that o essly called for- by the r rtraet r,,,,,,,c. The requirements fot! , e , by Engi oo, .:�:'-vmilar to those p d in Damga-p 6nc n C. Enginehta-t=ion 1 rigir}eer will be allowed a rme,,,,able time within whieh t e .ai„ato ,epr-epo t ar uly.nittamade r/anuant fumidu additional data-akmt the proposed substitute item. Engineer will be the sole jadge-or aeeeptabi "or- equal" or mb3fi „te will be , r-de,.ed, i Imalloa Ew „tilize,a until Engineer's r-eview is complete, whieh will be evideneed by a Change Order in the ease of -a sebstitirte-aid an app9ved Shop Mwi,,equal." L-' gifieer- will advise r at,.,,, for ; writing of any negative detemination-. 4urni,3h at ' peffefmanee guary too o `.thet! .-oty with respect to n ubsti"e ' ort.z in a-vaittating -a substi"e proposed or vubmitted by Contf6terpursttan4 to Patu""^,gricphs 6.05.A.2 and 6.05.B. mar or not Eagineo appraeo z cubAi"e so proposed or mbmitted by Gefitfaetof, Cofitfaeter shall ttimbut!se Owner- fot! the reasonable ehar-ges of Engineer for evaluating ea ar dhall zlca-r-_�mbunj. -for ,�k� eentfaet wid Owno) mvalt; g f.,.,,, the aeeeptanee f oaeh pfop d vabztit F. Cent-twetor �5 ExpeHse: Contraetor shall pt!Ewide all data in suppart of any proposed substitute o A. Contrae 3,t d.m11 n o,, F/appli. , of other- indivi&al of entity (ineltt� those-aeeeptable to 0 jr as indioated in llrragrapl ti�',whethet: initially or ao a ro-pluoomcnt, again or d.mll not hj r-eqi-red-to enpley any ScentraetoA F/applier ^thee: individual c -_xitlty4&44m.�)h of peffbrmm arr,' . B. if t 9 Fmpp�amefitafConditionsr-equite tie —ides eeftain gubeofitfaeto o, Fmpp�ie�-er ather- ;,,,J;..;,J,talsor- entities to be sttb ;tte to Own -or in z ,4anee f0f weeptanee by Owner- by -a specified date pr4er to the E&etive Date of theAgreefneal, and if a h v- uK-x Est thereof in aeeor-da-nee with the Supplementafy ditic-4-m, the in ;.ng or- by failing to make ATittefi objeetion thereto by the date indieated for- weeptwiee or- objeetio-n- is th or, EuWiur, af ^trio,. indi ,idti,lor- entity s identified may be r-evoked On tlw basvj f ,o s,,,,able bJeetio ffto,. dui in.' or olmll cul?n,iit an aaeo-ptaKe r. Sttbeofitfaetox� F/applier-, or- othef individttaen4ity, and the r ti- t Pr-iee will 1,� t cvi'r ccrrrcc-wzrry uTc d an aW.apr-iate Change Order- wiiI be issued.N aeeepta+iee by Owner- ofa*y sueh Subeof t,-a tad F/appin� or ot� e f indi ,i l EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 63 entity, whether- inifi ,11„ Z' ua a -�laeefnent, shall constitute a waivzef of any fight of v$vnef-Of Engineer- to r-ejeet defeetive Work. C. Centr-aetox ahall be full„ responsible to n.,ne- and E inee- for all acts and ofnissions of the SubeefAfaetono, F1applieNs, a- d the- individuals er- entities pee ,.,,, ing or-fUrni3hing any-44he Work just as r,,,,.,.,� ros-pos?rbla for- r m,-actor-'s o acts and o sionz. P.othilg is the r f,,aet T\,...,,,,,ofits, L ahalkl eceate for- the benefit of any sueh SttbeofAfaetor� Eupp.Kor-, or- other- individual or- onohip between er- aF Engineer and any sueh S4eentraetor, c„»„lieu.or- other- individual o entity; no 3. ohall ereate any obligation on the pai4 ef Owner- or- Engineer- to pay or to see to the paym of any moneys cued sueh Subeo rtae F/applier-, o thee- individualor- f ity o pt as fnay other -wise be required by Lla-vs-���. D. erector droll be solely responsible Yohoduling and eeer-dinatirr5 tl-.\z r of Sub^^ om, Flappliom, and other- i diy d,,.,lsor- entities pep ,.,Y ingor- ffi«„s1,;,,ga+ty of the E. Gelftfae or ohall mho all F/abeentraetoro, F/appliers, and sueh other- individuals entities o,.f.,,..-„ing ef-fur%iahing of the Work t eornn, unioate with Engineer- thfough GOIA,..,,.to G. All Ayork porf ,.m e for- Gent,.,,, tor- by a F/ab,.,. or F/appli o punwnt op.-iatej binds the Sclveencruccrn or F&appin ta-th0 0.pp1100.1J.&-tG1"1217 and e6ixcriti6rs--vrthe C014rcccc D,,,.,,,, ents for- 4ie l enef# of n,, ,,or ',"d Engineen Whenever- - ., sueh agfeefnent ; with Subeei#faet,, or F&applior 7.41'io4s-�d w a 1 im-Manse idea , Ramgmph 5.96, the agreefnent between theCentr-aeter-and the Subeentfaeor or F/appliwill eentair. prc,,,icians „ er-eby tho F/dbse crz &ap.i veo all ri,-hto a ainst Owner-, Eentfue oA Erbire and all the in&viiju or orlities ;den4 f e +l,o Frap-,\'efnentaf-y Conditions t be listed ., insiffeds or lcoo pay,00s to d the ff eer-s, difeete s, n. writ , ariG4 , or- resulting ftetn any of the per-ils or- eatis less , er-ed by suesueh ,.elieies and a other- p pe i.msw- we apl3neable to the-WOFk. if F�appi`� r rt -.,ere - will bt ,;„ Ol,o A. Gentr-aetor ?h'lll pa-Y nll l;eense fees and royalties ,,,d .1d uxe nll e0sts ; e do„t to the use in th-e peffefmanee of the WE)f-k or- the motion in tho , pafticular irr. , for »o ir. t , its EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 63 use iz sub/jeet to patm fights E)r- eepyr-ights ealling for- the payment of any lieense fee or- royalty B. To the flit-extex#pefmittedbyLaws and Regulations, Ovr ohall inaeff r;f , and hold agents, (inn ,,. ing but rot lim: kvl to alfees , and ehar-ges of engineer-s, arehi4eets, attemeys, and othe professionalz, ana a4-� or arb4ation or- ether- dispu*e r-esolu4ioa e 3) arnng Odor -elating to any infi4igement of patent r-i&s or- eopyr-ights ineident to the use in the per-fofmanee of the Wof o „lting 4ofn the orpomtian in the Wofk of any ifwen4ion, de ign, .cesrs ,,1 etaor- dey e speeified i the GefA,aet r,,,,.,,,,-,o„te, Sut x t idepAified as being subje .t t agents, 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. AEontr-ae or d.mll give all notiees required by ""d ohall with all La•. s an vegu� app'ioable to the perfenna3ee of the -- Tk. Di.aepwhere -oth e expressly r-equir-ed b heable L s and Regula4ions, neither- Ov�%er- nor- Engineer- shall be responsible for monitoring Goi#faetor-'s caomeHanae. B. if r rtr-aeter- rnM al. .v lr,.,.. ing ,.,.1, ,.,;,, . „ t know that ;t ; rt M, t Laws or- Reg-alations, or olull boar all Jrairno, sests, losses, and damages (ifieludifig but fielimited to all fees and ehar-ges of engineers, "ehiteets, attemeys, and other- profess and all Geuor ar tration o) arioilr)g Howe --x� it d.mll s t be r nt..ac4o 'o roT make eet4ain that the Speeifieatieand- Drawings ith r., �/at--thiz almll n t f-e fie e Ge tract r ','�rrboo in Lxv, on the Effeetive there we+e no Bids) having an effeet on the eost or- time of perfofmanee ofthe WcNdi d.,all Q the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 63 stieh Ozaim rrnr,� d in Bamgmo. 19-. O-S-. 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. 1. GOfttfaeto::,1V11 00fffiHe „S ent the Stof:age ,.f,v,at-Maf✓a- 7 0 „t ,,,a the operations of workers to the Site and ether- areas pe itted by Lay.,s and Regulations, anc� shallnot , „ably e ,ibet: too Site andetho- avao with " n",,., et � o �4 ,. other! fnate,.;"ls of equipment. G&At! or ahall aogame fullresponsibility for an), damage any lan,a t the nt thereof , f any adja efit !a-ador- areas resulting ffom the pet!f4manee of the Work. 2. Should any Oair-,'ao m& y afy cuO: o. War—k, Con trae or ahall Famptly settle with such other- „aFty by negotiation or Miem,ise Feselve e Oains Ixy arbit:utio , othef dispt to ,lotion r eedi gor- at !",, 3. To the fullest extent peranitted by Laws and Regulations, Contr-actor ahall indeninify and held ham -,lass Owner —arid Ekr,Maer N'' the ef€eers,-direetafs, m ow, partnef�s-, employees, agents, consultanis and sttbeoi#faetofs of eaeh and any of them ffam and against al�-olaima, oo, dish hIat not limited to all fees and ehafges f engineers, afekitects attomeys, and othe ofesrsiormlb and all eo o: arbafation o: oth-ef to) arnn , the CwAfactor c1'1zL keep -the -and - other- areasffee fFom-aeoum„latioNs of waste fnateri-als rubbioh, and othef debf o. Rorsc»al and o nmtormalo, ruLUn'1, and adwf dohyu1hall eonfofm t " „lieab o Reg la4io is C. Ueaiihig.- to F/ahotantial Completion of the WME Contmetor ohall lean rho F/.to and4he shall r-effiav om tho Fite a'�eo, ay#ianc , aiid ,t:pluj rita ial7 and shall r,"� ,, o ginal „a;6os all pr ref- y not designated for- alter-atie by the Gentfaet Daetffnents. D. Lea,4iffg StpHetures.- Geatfaetof: shall not lead nor- pefmit any pat4 of any stmetufe to be leaded "djaee„t property to str-essoo o: pmavaroz t' at will oad—I:D- EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 63 A. Contr E r shall maintain in a safe place at the Site one record sep-af all DuNving-s-, crapeeifie-attens, Addenda,, -Change Of:defs A7,, 4 Ghange F Field-OiGl-.,"U, a.-,,4 "w r-itte interpt!etations and elarifieations in good order- and annotated to show ehanges made dufing eonstmetie„ These or- ,a,,,.,,,, ents together with all apprawd Eassplas a,a a eetintefpai4 o all approved C1,op D,-,uw ngs will be available to Engineer- for refo,ene-o. Upon sompletion of the Ar, 4 these r-eeord ,1,., tiffw to, £iarsplos and Chop r.,..,..,ingo will be deliver-ed t >:, gineef .e.1? ..-Contmeor mall be solely responsiblefor initiat*, maintaining- and supen4sing all safe gm,.�no is zonnee ion with the rk Eueh fv sib lit. does not ,.olio. their- wor4E, not: for- eemplianee with appheable sa�� Laws and RegWations. Gont+aetor- shall take all neeessary pree-att*ians faf the sa€et of -and shall pravide the ne roteet en to Y or- loss • 2. 11 the W,,,.1, and v,., an o ent t be ; fate,a then-ei whether- ; stofage Of the ite, al l 3. other- t th F teer- adjneenttherete, ineludingtfeoo, d. -ubo, lel sg, pavements, foadways, stfueturo3, utilities and Under-gFound Fae lities t designated B. Cont aetor cl,\all with zL app eable ha ,3 a&d Regulations ftlating to the safe�, ef per -sons of pfepefty, Of to the pr-Oteetion of per -sons or- pf:opefty ffem o, injury-, —o , -and chat owst aL ne ess M, safae,,,,,.ds for- suesueh safety and i3f:eteeti ,,, C atf: olor ahall preseeutien of the Wxii r:x.;-afk-et-tzs3 c11xzL thho is the Feffie al, no,rOoatian, C. ontmetor ohuzL oemply with -the -appl e-able fv ir-emeffts of Owner:'s sa �, pragm,,m, if-an3-. The S"Plefflefitafy Conditions identify any r.,r' 2; oaf WE) r- . D. contfae or Zhall inContmetor-'s safety pr-eg �'� with w1,ie (l A%ef's .-ad Engi e r'o anq�a ees .-ad , „tati ,oj rsua zomply .t,l,;le- t the Sits uc-cric-orc� E. All damago, lsju.-y, less to any pr-epefty ,-efeffe.l to 1s llari'r^,-.,,-.1, 6.13.A.2 of 6.13.A.3 eatised, dir-eefly or- indir-eefly, in whole or in Prt, , any S4eantfaetc&, F/apr).n, ar- RRY War-k, or- anyone for- whose aets any of awn nxr, bo liablro, d.m11 b odes by re ef (e*e€ptdal ugo ap4ossatt.ibwuble to the fimitof Dr-a-wings-E)r- Sneeif?eatiens-erto the -acts -or offlissions of Owner- of Engineef or- anyone eftTleyed by any of theffl, of anyone for- whose aets EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 63 any of them -may bo liable and net -attributable, dir-ee4y ndifeetly, in t,>7 .'o ox is part-, 4o4he or, FlappJ oT, ar- ethef individual of entity dir-ee4y or- indir-eetly employed by any of them), FEentfaeter-'s duties and Fespensibilities faF safiety and for eteetion of the -work shall sew until sue, time as all th�ork- is oampleted a-nd Exig}ne-or han iaoued a fietiee Ou-no and Eentfaeter in aeeefda-nee with Daragmph 11.07.B tliat ork is aceeptable-(exeept- as other -wise expressly provided ; eenneetion with Subst.,, tia Completion)-. 6.11 saj A. Gentmear dimll duties and „ensibilitios shall be the prevention of aeeidonts and the maintaining an �ntraeor ohall be responsible for- eor-dinating any exeh nge ofcA.W safety other- >,. za fd ommuni,.atier in f ....V.ation requ , od *o bo made ., .,;hale to ,.lean ed between c a;.'.o g e ,.leye, t the Site ; d. nee withLaws Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. A. C n+, aet r shall -submit F&.-T Dfawing&-and Fiamplw to Engineer- for- review and appr-eva aeeerdanee with the—aeoepted Sehedule-ef Eub". it*als (as required b Bamb-"r-pk 2.07). Eae Submittal will be identified as Engine I . . :e-. a. f/abmit numb cc A, epees s ee fled i the General no,,uife,, ents b. DataShown tho Fop Dfawingo will bo aemplete with r-espeet to quantities, cr° a, rnaterialo, and-lmilar data to shclu Enc ginaerthe seiwiec nattocialz, and equipment Cont-.,ete- proposes t provide and to enable Engineer- to f-eview fcrmton fcr tho limitcd r/drp pay Paragraph 6.17.D. a. F/dx-nit of Flan. plo&rneeified in the Speeifie-atie EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 30 of 63 b Clea a,. identify Earxpla as to fnatxial, Fmppliar-, refti e t data sueh as .,.,talog fymmoer-s, the use for- whieh intended and other -data as L'n Engineer- t r- e „ tl.\z lira-te puTeses o rod by Pan��aph 6.17.D. B. 14ier-e ., c''op Dnawiag-or E=plo io mquiredbythe -C-eatr-aEtDeethments or the Seheae of Submittals, any related WoFk perfoffned prior- to Engineer's -review and apprav ' of the „et4inefA submittal will be at the sale expense and „onoibilit,, f r fftr- � ., tore submittingeaeh-Shop DmAfitor Fiample�otor ohall hw�� a. 2. Eaa'1 submittal ohall boar a stamp of Peeifie written eertifiection that C-ontraeter has review d apprv.�al of that Submittal. �x�eadh Fmbmi**a'�or 311mll that the Shop Emplo n%ay have from the requirements --of the COPAr-aei Doeumento. Thiz notieo ohnll be both a vffitten eenffntmie-atien separatefrem the Shop Drawingo or E--,mplo cubm-i -and, lr, addition, by a oeifi , notation made ,, v.,6 chop Drawing or Fiample-zahrnitt, d appruval of eaeh stiehvafiatiefl, o timh,, Fe of c op Dm i ing&-and Wmple Sehedule-of Fiebmift 1s eptable t Engineer-. Engineer's review and a .,1 will be enly to detefmine if the items eever-ed o clabmi'ttal ���fter-installation cr in efperation in the Work, eeng3nn to the 44nnation given in the Gentmet Deewnents and be eenTafible C r.,-aet D ents ?. En-, inee..'s r-evie . alb apprqval will not extend t r.,©ano m or roeedmfes of eons4uetien(exeepta palt-io-ular nwa-mg, mothed teeh cn ig zpaeifieally and expressly ea4led for- by the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 63 ro oumoncz) ^, to safe, pwozu*de og neident thereto. The feview as approval of a separa4eaYrl ao zijeh will not indieate approval of the assembly in whieh the item funetion-,. 3. Engineer's review and appr-eval shall elieve C rt, aet r mom roopansi ilit , for variation fFof . the ro 0 en4s f the G,,pA, aet Tl,.,.,,m enis , iess G,.fAf 3r hai oamphewith the FequiremefAs of Paragraph 6.17.C.3 and Engineer has given vffitten approval a e-a-Ah zu-Ah : .atio by s oeifi .. iae no aton thor-eo f ;. eor-por- to ;or- g the Shop Dr.,win-. or Fiampla Engineer's review and approval ohall nat relieve Cont,aet r f.,,,,-, responsibility for- eomplying with the-. , .. ernel3*s of Par-agmph 6.17.G. 1 1. Gontraet.a alall make , eeti ns r r-e i..,LE, Engineer- an shag e,,,.,.. rothe ro roa n ,,..be of eor-reete l of Shop Drawings�,,d ouhnlit, a required, new Samples for review ,, l approval.GopA,aeto: -hak dieet apeeifie attextiaN 1a vt-.�ting t Fevisions thee- than the oetions e.,llo l r 1.., - gi* ooi on p:aiouo oubmittals-. 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. .Gentraeterwa 3 a-nd guamntees- o�,txay that ,ll W ri, ..,Rl bo in aoce ee wi� the !''ontfaet r,,.,.,,mWei -nd will -xot boo. Erbiroer and its ffieer-s, daeeter,Meffibers-, onDuhunt , and stibeentr-aeter-s shall be entitled to rely OR aba Be, ,,..,,,1;f;,..a*;an, or iiprapoc rnai�vo anee ,, eFat o by per-sens other than !''ontr-.,eto f et er., eF ��o, F&app i„ , or- any other- individtta4 or- entity for- whom Gontr-aetor- is respan'Cibl'o; ar 2. l wear- and tear- „ma--Y iv mal usage. G. ontraeor'o obligation to pe r,rm -=d eenTlete-the Worlc in azeefdanee with the Centr-ae Doetimen4s shall be absolute. None of the following will eenstitute an aeeeptanee of Work that is not in aeeOFdanee with the Gowfaet Doewnents or- a release of Get#faeter-'s obligation to pe IGTk in a, eer-,a. nee with the rr,,,,e. aet T,,,..,,....o.,e�. F��!tssa!r.�e!r.�sa 2. r-eeenffneadafien by Engineer- or-payfnen4 by Owner- of any final pumiext;- EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 32 of 63 3. tho iivanee f a elef fi ate 4 Fab�tart;,,i Completion by Engineer ar any at , elato a and approval f a Chop Drawing or Fiample-3uhmitta the issuance f a ,,otieo of aeleeptabiky by Engineer-, 6. any inspeetion, toss or approval 11.E others; • _ • - �tI OWN I IN B. In an,-and-ak-draim against Owner Engineer ^ of their- officers, direeter member pomo.l :t�t. of sueh wee) of Cofitfaetet:, ai+y Subeenta,, &aWiet:, o orm arr,-of 4he Woic, or anyone f4whese aets miy of them may be liable, the indemnifileation obligation unde limitedPafagfaph 6.20.A shall not be in arr,y by any limita4ion on the afnotmt or- type -Of , Sappin; orle , other- employee benefit aetom G. The indemnifilea4ion obligations of Gentfaletof tin or Nmgraph ti 2n n shall not extend t the liability er Engineer and 4nginee-F's-o€f>-eer-s,-difeete-rs, men�a�, partn fo, -xmpko/yees, ageR4s, the v ,..,t;o o approvalf elF the f iluf0 t v ar-o o: apprnvo f:l.po, D , 2. giving dir-eetions Of ifistfuletions, Or- "ling to give them, if that is t j p6mary-ea-u�� EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 33 of 63 eeaau�sv�as. � '� means,A. Centraeter will fiet be requiFed to provide pmfessienal design serviees unless suell ser-viees are ser-viee-s are requiFed to early out Cofitr-aetoF's responsibilities for eonstruction , teEhni"es, se"en^o�nd pr-oee t c --T dmll r\ot be r-equ4ed to provide prosy;,,na ielation of applieable law-. T�reozionsal des;ser-viees or-ee fti fie ations by a design r ozional rel 4oa t systems, materials e �qUlp:na�lt aro speeifieally Fequired of Contraeter--by the E9ir4ticrnvcmacnir, O,Ag o,. and Engineer- will s ei all pc6ofma}cenddesign ei-iter-ia that sueh serviees filust l eense pr-ofessio-n-sal, »hose -signature and coal droll app. all drawings, ealetda4ions, o i fie ,4iefis, eerti fie ,tions, S op Dm 4ag&e*d-ethn oubK--nitt-als-propawd by-su 1, pFe ss;,,na Pnop D-,v�yis,--p and---th� mb,.Titta!s r-elated4o tl. Work designed -or- eeftified by sueh , 'f pmpamd by-iathm, shall bear sueh pr-efessional'o appr.^� submitted to Engineer-. C. Owner- afi E-4,.oc shall be entitled to rely upon the-adegtiaey, aeetifaey and eempleteness of the sefviees, eefti fie ,bonsor- appr-ovals „orf ,.,,.,oa by stieh design „ref ss o:-arz, p,,,yidea n,t, of and >~',,gineer- have speeified t r,,n ,otor all per-f ,.,v,. nee and design ,.riter-i that s el ra�oi oatis� D. Pwouant- e .hio Pamgraph 6.21, Engineer's review and approval of design c-aletilatiefis andesign drawings will be efily for- the limited puTose of eheek4ag fef eenfefmanee wi peffafmanee and design er-iter-ia given and the design eeneept expressed in the Contr-aet. Doettments Engineer's review and appFevel-4 Ump D:ut,;, g ,, a tar Dub rmtt-a1s--(exeept design ...,1e,,Wiefis and design dr-a,,,ingo) i, 9-be-e�4f-tho purpa:—fated in Pamgfaph ti t�1.. E. Catr-aetor d'1a1 zn3t be responsiblezar- the adequaey of the pet!f ee or design cite is 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 63 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 other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 63 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. 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 13.03.13. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 63 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 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 63 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. A. E,,gineor will have .,tiff,.,,-ity to r-ejeet Wonk- -uhic'i E oo: bolieves to be defeetive, or- h� Doudm=.to ar-diat ill p%judiee the into .r;t:, o fthe ,aig o�t of the , p lete f Pr-gjeet as ork w provided in Nrugruph 13.94-,-whether carthe Work is r ,' 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 63 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 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 63 and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 63 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. A. if the PFE)ViSi0fiS of any bond require natiee to be given to a StlFety of any ehange affecting the responsibility. The afnott 4 of e &li appKisabl bond will be adjusted to r—e eet the e€€eet of can-!7 s;ueh ehange. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 63 E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) 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 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 63 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of 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 43 of 63 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 11.0 LA. I or specifically covered by Paragraph 11.0I .A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 63 the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price. C. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. D. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. E. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 63 ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other parry 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: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent; where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.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 11.01.A.1 and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.0LA.5, and 11.013; the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 63 deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.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 parry to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 63 E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A Prompt noti^all defeetive W of-k f w-hiehOwner- or- Engineer hro aoteal 1,,,owledgi will be > eeffeeted, or aceepted as provided in this �T 4-4vffler-, Engineer-, their- eeasto and other- r-epr-eserft-atives aiid persennelof Owner independent testing l.,be torio3, and-tevorn=ntal ageneieswith jtu4sdietienal interests „will have aeetss-to the Site and the Work at feason >,lo tiro for- their- bse fvat.-on, mpaefien, and testing G,,,..tr-actor ohall pi-. vide thei proper- ra safe , nd tiers fer- sue, aeeess „a advise them of GepAr-aetef's safety pr-oeedii o? xnd pragrarn?. &o Jta4 they may eomply therewith as A. Geft#aEter ohall give Engineer- timely netiee of readies of the Work or all r�}uired peetions, tests, s . o seepefate with i rspeetio cescmg�crSviaicr-cv f4eilitate required inspeetions or tests, ON I \ . illiji Paraglupho 13.93 r and 1 3 03 D below; 13.94.B zhall be -laid co prv,,ided in Paragraph 13.04.E G. if Laws or- Regulations of any publie body h"g jtwisdietion gair"rr,' W ,.a, .r�t,o, o . speeifioally to be inspeeted, tested, or- appr-eved by -= or- other- rvpr-esenwive of sue publie body, or 9Ml assume f�11 Fespor 11-/.lit-- fcrr arranging and -obtaining sueh i Peetions, tes , or appravalra, per,' a l eosts ; eonneetion dliefe.,;tl. an'd fumizh. Engineer- the D--Cent ae or olall be r-esponsib! anunging and btain4 ,- a d ah ll pay .,11 ee ts ; o t; ,r with any or., tom, , r ata~iar� or or aseWanee of m�ta l�, mz design A Submitted appc&val p6or to-G&�c 'o p r&.ase- e"or ixeot-pater in EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 63 the Work. Stieh i rspeetions, tests, a!G ah1k bc- pe ff ,-m e by o .rations . ,- table to Owno,e and E giiteer—. E. ifa+iy AIME (or- the work of thfl - ) that 1,o be ifispeeted, tested, or appr-ovedeover-ed by GotAtuetor- . ,itho,A .-Fitter eoneufFenee f>~rginee Gontraaor ahall, if requested by >~rginee, F. Uncovering Work as Favided in Pamg,-,uph. 13.03.E shall be at Co traetor-'s expense unless Gefltr-aetof: has given Engineer timely notiee of Gontraetor-'s if4eatioa te- eover- the same an l*ginoor has not acted with reasonable p»tress ; FeSPORSe t^ S >, „Otiee A. if any Work is eover-ed eon4ur-y to the w-Fitten r-equest of EngineeF, it must, if requested by eeted or- tested by others, Gontraeon at Et, z1-.all unc , etl'ezwisem e c",ailable faf observation, inopeetien, ottesting as gmeet! mayreq,,;ram poftion of the Wor-k in futwisl\.l&a all n _ _ ___ ry labz� xata=°ial, as . C. it is that theuneoverea War-k is-defeetive, Centfae or ohall pa;-all-oraimj, oosts asses and damages (ifieluding but not limited to all fees and ehar-ges of efigilleefs, afehiteets, , and other! p ^foaalonalo an,l "lc�zxl -court or arbitration or other- dispute , alwio o) arioing-out of or- to o;x& use eri expestif, obse;-vatiea,, inspeetie ing, a:".d of r-eplaeemefit of .t or4 of 3); a:-.,d 9w*--T ohall be ono as apprap fi to ,aee eerie i the CofitfaetPt!iee. if par ; es are nabl e to agree as to tho amount thefeef Owna may-nh*ea ),ails ther-efof as pro d ir. Nragruph 1945-. D. if theuneovety Wnot found to be-defeetive, traet--� be allowed ,ine-rease in the Go t,aet Pr-iee of an extensionof the Go t,-aet Times cc hotl., jifeetly-4tMula'Ne�to sue i inc6�zi. -1 exposutv,, vvcr�uI �, i.�*pes iofi, testing,, r-eplaeefnel3+ and tteonstfuetion. if the pai4ies o u-&aNlO t , GopAfaetof may make a Claim therefor --o provided in BamgF 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 63 A. Promptly after- receipt of w-Fitten whether- o > > not fabfieated, installed, or eempleted,;f the Wmk— kao bQen r-ejeeted by Engineer, remove it from the Project and r plaee it , ,;t1, Wof +hat is not de€eetive-rntraetor shall pay,-ii� eests, losses, a -ad damages (ifieltiding bttt not limited to all fees and ehar-ges of - . arehiteets, attomeys, and Qthe o€esrsionals and all coarbitration of! other- dispute limited to -A]-]- -osts of repait! or replaeemepA of work of others). B. Wien eeffeeting de€eetive WME tmder- the tefms- of-thio Ihmzmph 13.96 or Pefagxph 1?.9 Centrae 3r shall +aloe no aotio that would void or othe wino impair n, ner-'s s i , „l, a -ad geafantee, e A. if within one year- after- the date of Stibstafffial Completion (or- stieh lefigef pefied of time as may Do mrn,xsto) • by any sp a pwii , defeetive, of if the tvpair of any damages to the land or areas made available for Cantr-aetot!'s use by Owner -or- ,., itte,a by Laws a,a Re lati '17 as c\-x,.templated is Data to be Gofitfae4or shall promptly, thout cost to Owner- and in aecer-danee 1. %pair 3ueh defeetive 1.,n ^ 7 eefreet stieh defe tiye Wer4; 3. if de€eetive�xyc has been tvjeeted by n,, f tvmeve it f;-,.,Y, the D,.^;^et and ro,- lace ;� with Work that i2; not defeeti d. satisf: ete -ily ^ eet z fvpair or rafneve affd tvplaee a*y damage to other Wxr�te the A,oFk B. if Conn -aetE r dodo ram+ p ,tly eemplywith the tofms of n,,,,,or'o write instf eti o rizl, , Owner- may have the defeeti� �x=e Wo�r-k eefFeeted o: fvpair-a ^ may have the t:�eeted Wont ron�ioa an , „laee,a All aaimo, coct, losses, and damages (ineleding bt4 not limited to all fees and ehafges of -i afehiteEt , a4teinej='r-apA--etll p1�fe5 x,.Nals a-.,.d ill eezcr' i o: arb tfat�ox or ` the -- ,t;", u4e-- ^seltAio ^ g) arivn cb Nx-no tal and but not limited to all eests ^� ,--Pa or : pl. 0e ffle t of weFk of others) will be paid by Centfaeter, C. In-pc-ei,1 ^ mst,,nees ,. a part;^„1.,,- ift of e „t i2; plo-d , fA ,,,^ he€ero WbMantial Completion of all the Work, tho eaffeetion pefiod4or that item may--staA4-a f+m ffem an earlier date if pr-svided in theSpeeifieatiens. firm) has been eeffeeted r-emevedan r-eplaeed, ,,&f his Baragraph 13.97the eefFeetiefi r ^a hefetifider- it r-espee EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 63 to stteh Work will be e4eaded4jr an additionalperiod year after stteh e0fFeeetiOn or E. Genrra^�t"^ettoT'5 oWag tions , fide- thn' Bamgra h 13.9-7 aro in addition t apy the- obligation w rt., The provisionf t1.xc 1%rabraph 13.07 shall not be construed a L-AI,.t„t�^~ or , to Engineer's r o,,, afio,, f Rml l ay meat Engineer) prefers t a rt it Owner- may do so. Gefit, or 5ha pa, , Eee�,�-rn.�damages-(� of 1;,;t ed-to-all- fees zand ehirges- of engineers ar-ehiteets, aftomeys, and other- pt!ofes��osnuk asd all y ^,action or other disptrteFesel tie s)att'ibtt ahl to Owner's 1 tief � A n rcc ir-Ev ccrrarr � "cr.�e�'zcrcascrorr-vr-icin-c r-easo .ablefiess) a,a for- the diminidnad value f the WoFIE to the extent not othefwise ai b!, Cefitfae ar payma-nt to this entenee if afiy stieh aeeeptanee—Ewe 3 fr:,.or to E,,gineer's r-eeemmendagow-&f finel p&- ill bo mzzaod ire . - . isions in the CopAmet Documents with tvspeet to the A7E)r-k, and Owner- shall be entitled to c wire in the GoPA:raet PAee, Fefleeting the diminished yalt e f Alorl, �,o aoeepted. if the parties at!e unable to agree as to the ametint thefeef-, Owner- may make a Claim thettfor as pfevided n nc if t e ft h ,a In I'`1mg�ph 1 v�r��r�cccceptaiiE�vEEH�S--arcEr scicrr-iEE6rrnixeficrati6n, an appropr-iate ai-mouvNt will be paid by !-'.,,mot,- eto - to ll.t ne A if Contractor fails"a time rttervtaiee from R„ginccr-to E6rcct de€eetive AW4, or- to r-emeve and f:eplaeer-ejeete orh an with -%mgmph 13.06.A, et: if C—entmeter- fails to pe-FfoFMrthe WaEEe Ee itl�the n—nexervising the Figl4s— and FemediesundeF h�j Barazmo� 13.09, 0 mcc GhaRI pr9eeeCopAfaetof fFofn all or- part of the Site, take possession of all of: paft of the 3A'oFk and suspend Contfaetor-'soolo, appl�&nee-R, EEnstf:tIEtion nd fnaehifier- at the Site, neerperate in theme; Mi all rat f equiprr.\ont A-ofod at the or bat .,hie, st,.fe else -'here. oRtmeter -,I-m11 all ne,3,A%er-'s e a employees-, , , , Owner- s aeeess to the Site to ena O.Ag er- t o e the gh4s a,,,l r-emedies tinder tluz Nfubnaph, G. All — )rain, oc,-4s, losses, mid damp ct limitod to all fees mid ehafge eagme€r-s,-afehiteets,-attemeys,,-and ethe efessionals and all eEM14 'T anl,tI,'Utian o. oth€f wider—hij Banagmplli 13.99 will t Contraeter Change is- t d inmT mo im the Work; and Owmy zhall be ego an apraffiat€-deer-ease in the Contmet Pr-iEeifthe pat4ies- EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 51 of 63 afe unable to agree as to the amettfA of the adjustmew, Ovmer- may make a Claim ther-efer- as provided in Pamgmph In:nv�c-e,,e boa ou as v—vc�rL�al�'l7 limited to all orzeF-.' I -x feplaeenient of . ofk of others -destreye c danw 00 pro 1" D. sae or a'ia11 satbe allowed an extension of the GofAfaet Times beeattse of any delay intl�e per€ennance of the Work attributable t the o e by Owner- of rights and r va;o� „der- this P,,,.agmph 13.99-. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 30 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 63 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 63 of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 63 A. veer,.,, tar- warrants and guarantees that title to all ork, mata�ials, and o ent eever-ed by any n „„1ieatio for- n.,.., en4, w-heor i io3rpa -.,tea i the Prgjeetor- ,.t, will pass t nyffier- r late, than the time of payment free and eloar fall Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. A. Pry- ta Substantial Completion of A the Work, Owner- may use or- eee"y my substapAia4ly eempleted ,.a of the Wo fk . hiolll h G Weei fie,». been identified i the r ntr-a t n,,,.,,,. ents EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 63 paft of the Work that ean be tised by Ov,%ef for- its intended pwpese wi�eU4 sipifie mterferenee with C;OfAf or'z pfmaneeof the relandef of Work, vab/jaet to the +o p_A-vnit Owner- to use or- oeeupy stteh paft of the Work „h ek er—believes tobeTeady-oar ito intended use� substaa4ia4 eemplete. if andwhen GefAfaeter—agfees small part—ofthe W f%1v��p,1 1 n nn n dff ough D for- giat rai4 f the Wo fk 2. CepAfaetor at any time may notify Owner- and Engineer- in vffiting that CopAr-aeteF eensideFs any sueh part of the Work ready for- its intended use and substantially eomplete and r-e"est EngineeF to issue a eertifieate of Substantial Completion fer that part of the Wark. 3. Within a v ~ bl o to na after eithef stteh request, C,., GefAfaeter; and Erzginaef shall does not-eensidefthat pat4 of the Wof4E to bo will nati€y nyffie,- and refftr-aeter ; , itin . g . she roxono th„ f if a lers that ,. ,. t of the Work to be -substantially eemplete, the pfevisions of Barabpph 11.94-mill app'y-44th r-espeet to eer-tifieation of Substa*tial Cempletion of that part of the Work and the division e responsibility in r-espeet thereof and aeeess ther-et&-. 4. Ne useer- eeeapaney er- septafate-operation of paft of Work ma,-e o-oxanplianee with the ro 0 ents f n fagxupli 5.1 n regarding ing pr-opv, k, imurawaz A Upon vffi4en nefiee ftem CePAT CtlJ1 thmthe-entif&- eri-or an agreed-porta%1 thereof is eemplete,Engineer- will promptly mcAo a firx ! inopo do with OiNTvr aye C atm, ter- and will notify Gentr-aeter- in f all par�x-ularo ir. v hies" tl io inrNs ien r-eoalo th t the-)Wiode4s incomplete-erdefeetive. Eentr-aetor d'xzl inxmtdiately take suesueh measufoi aa zw reeessar-te 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 5.04.13.6; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 63 b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 63 Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 63 full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, 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 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 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 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; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 63 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 63 elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS A. Wh . 4 of time is FefefT-ed to in the Gefitfaet Doettments by days, it will be eemptite to e relude ihe :114r!st and include the last day of stieh per!iod. if the last day of any such per!iod falls m.. a Eaturday of Stin ay of on a day made a legal holiday by tN k w af—tN app!ieable jufisdiefiefi, stieh day will be omitted from the eamputation. A. The dtAies and bligat;ono irnpooea by these Gene, -al Conditions and the r ghts and r edie a-vailable he -cur&- te-tho parties herete-«addition to, and-«attebe en d its ary Sao a lir:�ta4ien of-, any t:ights--and r-emedies &�,ailable to any oF all of the eh a; wmioo izrp3sed-c wraila'No by 5po6al -i�ftrfaffty-or gwmntee;-er* ether prcwisiefis-erthe C-entraet Deeameft4s.The p hk lfka-ugraph will be as eff etive obligation, Fight, and -emedyto A4ieh they A. All r v t tief s, rode , nif4 .. 4; ns waffatgion, Z&d g »toes made i f:equimd by, Of 9A,gI in erda-1,ith the Gofrtfaet Doetiffients, as v�oll ao all eof4intting obligations indieated in the Conti-7aet r,,,,.,,, z, ;, will su:rri.v--fi-al paYment, completion, and aeeeptunee of We 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 63 SUPPLEMENTARY CONDITIONS Supplementary Conditions SUPPLEMENTARY CONDITIONS Page 1 of 10 These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract — Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times — is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner — as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 2 of 10 Specifications - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SC1.02 TERMINOLOGY Delete Paragraph 1.02.D in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.B. Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.C. SC2.02 COPIES OF DOCUMENTS Amend the first sentence of Paragraph 2.02 to read as follows: "Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual." SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its place: "Commencement of Contract Time shall begin on the date indicated during the pre - construction meeting with the City. The date indicated during the pre -construction meeting will be determined by the Owner, City and Contractor and as indicated in the Notice to Proceed." SC2.05 BEFORE STARTING CONSTRUCTION Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.01. SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF AUTHORIZED REPRESENTATIVE Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.02. SC3.01 INTENT Add the following language after the second sentence of Paragraph 3.01.13 of the General Conditions: SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 3 of 10 "In the event there are any conflicts between the plans, the specifications or other Contract Documents the priority of interpretation will be as follows: Signed Contract Agreement, CONTRACTOR'S Proposal, Project Drawings or Plans, Standard City Conditions of the Construction Contract for Developer Awarded Projects, Supplementary Conditions, General Conditions, Project Specifications, Referenced Specifications." SC3.02 REFERENCE STANDARDS Delete Paragraph 3.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.01. SC3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS Delete Paragraph 3.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 3.02. SC4.02 SUBSURFACE AND PHYSICAL CONDITION Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. Report dated July 2018, prepared by Alpha Testing entitled: "Geotechnical Exploration — SANDEROS - Final ... ALPHA Report No. W221327". a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC4.04 UNDERGROUND FACILITIES Add the following language to the beginning of Paragraph 4.04.13 of the General Conditions: "Contractor shall contact the city water & sewer and public works departments and utility companies which have a franchise to operate in the area of the project site and shall determine the location of their facilities at or contiguous to the site and shall protect same from damage during construction." SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 4 of 10 A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.02. SC5.02 LICENSED SURETIES AND INSURERS Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.01. SC5.03 CERTIFICATES OF INSURANCE Delete Paragraph 5.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.03. SC5.04 CONTRACTOR'S INSURANCE Add the following language at the end of the Paragraph 5.04.B.6.b: "Contractor shall include the Engineer and their designee as additional insured." SC5.06 PROPERTY INSURANCE Delete Paragraph 5.06 in its entirety. SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.05. SC6.01 SUPERVISION AND SUPERINTENDENCE Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.01. SC6.02 LABOR; WORKING HOURS Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.02. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 5 of 10 SC6.03 SERVICES, MATERIALS AND EQUIPMENT Delete Paragraph 6.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.03. SC6.04 PROGRESS SCHEDULE Delete Paragraph 6.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.04. SC6.05 SUBSTITUTES AND "OR -EQUALS" Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.05. SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.07 and insert the following: "Owner may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's application for payment." SC6.07 PATENT FEES AND ROYALTIES Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.09. SC6.09 LAWS AND REGULATIONS Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.10. SC6.11 USE OF SITE AND OTHER AREAS Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.11. SC6.12 RECORD DOCUMENTS Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.12. SC6.13 SAFETY AND PROTECTION Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.13. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 6 of 10 SC6.14 SAFETY REPRESENTATIVE Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.14. SC6.15 HAZARD COMMUNICATION PROGRAMS Delete Paragraph 6.15 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.15. SC6.17 SHOP DRAWINGS AND SAMPLES Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.16. SC6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Delete Paragraph 6.19 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.17. SC6.20 INDEMNIFICATION Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.18 and insert the following: CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, ATTORNEYS' FEES, LITIGATION EXPENSES, CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, OF OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES, AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES, SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 7 of 10 CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS' COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVIL RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI - CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND THIS INDEMNITY PROVISION CONTAINED HEREIN. IT IS FURHTER RECOGNIZED AND AGREED THAT, SHOULD ANY PARTICULAR PORTION OR PROVISION OF THIS INDEMNITY PROVISION BE HELD INVALID, VOID AND/OR UNENFORCEABLE, IT SHALL NOT EFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION. CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR'S SOLE COST AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO OWNER: ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN ADDITIONAL INSURED UNDER EACH SUCH INSURANCE COVERAGE. SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF THE CONTRACTOR, CONTRACTOR'S AGENTS, REPRESENTATIVES, EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM THE INDEMNITY PROVISION IN THIS SECTION. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 8 of 10 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 8.03. SC10.04 NOTIFICATION TO SURETY Delete Paragraph 10.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 9.02. SC11.03 UNIT PRICE WORK Add the following new paragraph immediately after Paragraph 11.03.A: "Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price." SC13.01 NOTICE OF DEFECTS Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.01. SC13.02 ACCESS TO WORK Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.02. SC13.03 TESTS AND INSPECTION Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.03. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 9 of 10 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.04. SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Delete Paragraph 13.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.06. SC13.07 CORRECTION PERIOD Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.07. SC13.08 ACCEPTANCE OF DEFECTIVE WORK Delete Paragraph 13.08 in its entirety. SC13.09 OWNER MAY CORRECT DEFECTIVE WORK Delete Paragraph 13.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.08. SC14.02 PROGRESS PAYMENT Revise the first sentence of Paragraph 14.02.A.1 to read as follows: "At least thirty (30) days before each progress payment,...." SC14.03 CONTRACTOR'S WARRANTY OF TITLE Delete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.01. SC14.05 PARTIAL UTILIZATION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.02. SC14.06 FINAL INSPECTION Delete Paragraph 14.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. SANDEROS PHASE 1 CITYPROJECT NO 104630 SUPPLEMENTARY CONDITIONS Page 10 of 10 SC17.01 GIVING NOTICE Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.01. SC17.02 COMPUTATION OF TIMES Delete Paragraph 17.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.02. SC17.03 CUMULATIVE REMEDIES Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.03. SC17.04 SURVIVAL OF OBLIGATIONS Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.04 SC17.06 HEADINGS Delete Paragraph 17.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.06. SANDEROS PHASE 1 CITYPROJECT NO 104630 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 Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 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 ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting 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 parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: 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: b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write none) Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ 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 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ Not Required for this 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 1 Ith 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 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a 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 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 011100-1 SUMMARY OF WORK SECTION 01 11 00 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 3 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 11 00 - 3 SUMMARY OF WORK Page 3 of 3 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 012500-1 SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY A. Section Includes: Page 1 of 4 The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Recommended Recommended Not recommended Received late By Date Remarks Date Rej ected SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 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. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 013119-3 PRECONSTRUCTION MEETING Page 3 of 3 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 32 33 - 2 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0133 00 SUBMITTALS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 013300-1 SUBMITTALS Pagel of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 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 in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 %2 inches x 11 inches to 8 %2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 3 SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 5 SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 33 00 - 7 SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 013300-8 SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another external FTP site approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 3125 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 57 13 - 2 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 of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit 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 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP Submit in accordance with Section 0133 00, except as stated herein. 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 Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 0157 13 -3 STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List 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 [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https:Happs.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 3/9/2020 D.V. Magafia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakiniz — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A —Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART2- PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION UFM 1►fy1 F.10 Q 01: I A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3' party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 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. 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL 1.1 SUMMARY 017423-1 CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 74 23 - 3 CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight -exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) £ 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 01 78 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 02 4113 SELECTIVE SITE DEMOLITION 024113-1 SELECTIVE SITE DEMOLITION Page 1 of 5 5 A. Section Includes: 6 1. Removing sidewalks and steps 7 2. Removing ADA ramps and landings 8 3. Removing driveways 9 4. Removing fences 10 5. Removing guardrail 11 6. Removing retaining walls (less than 4 feet tall) 12 7. Removing mailboxes 13 8. Removing rip rap 14 9. Removing miscellaneous concrete structures including porches and foundations 15 10. Disposal of removed materials 16 11. Removing signage/road barricades 17 B. Deviations this from City of Fort Worth Standard Specification 18 1. Modified to include removal of signage and road barricades 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 21 Contract 22 2. Division 1 — General Requirements 23 3. Section 3123 23 — Borrow 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Measurement 27 a. Remove Sidewalk: Measure by square foot. 28 b. Remove Steps: measure by the square foot as seen in the plan view only. 29 c. Remove ADA Ramp: measure by each. 30 d. Remove Driveway: measure by the square foot by type. 31 e. Remove Fence: measure by the linear foot. 32 f. Remove Guardrail: measure by the linear foot along the face of the rail in place 33 including metal beam guard fence transitions and single guard rail terminal 34 sections from the center of end posts. 35 g. Remove Retaining Wall (less than 4 feet tall): measure by the linear foot 36 h. Remove Mailbox: measure by each. 37 i. Remove Rip Rap: measure by the square foot. 38 j. Remove Miscellaneous Concrete Structure: measure by the lump sum. 39 k. Remove Signage/Barricade: measure by each. 40 2. Payment CITY OF FORT WORTH SANDEROS, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised December 20, 2012 0241 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 2 disposal, tools, equipment, labor and incidentals needed to execute work. 3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 5 Item shall be considered subsidiary to the trench and no other compensation 6 will be allowed. 7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 8 tools, equipment, labor and incidentals needed to execute work. For utility 9 projects, this Item shall be considered subsidiary to the trench and no other 10 compensation will be allowed. 11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 12 hauling, disposal, tools, equipment, labor and incidentals needed to execute 13 work. Work includes ramp landing removal. For utility projects, this Item shall 14 be considered subsidiary to the trench and no other compensation will be 15 allowed. 16 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 17 disposal, tools, equipment, labor and incidentals needed to remove improved 18 driveway by type. For utility projects, this Item shall be considered subsidiary 19 to the trench and no other compensation will be allowed. 20 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 21 equipment, labor and incidentals needed to remove fence. For utility projects, 22 this Item shall be considered subsidiary to the trench and no other 23 compensation will be allowed. 24 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 25 unloading, and storing or disposal; furnishing backfill material; backfilling the 26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 27 Item shall be considered subsidiary to the trench and no other compensation 28 will be allowed. 29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 31 needed to execute work. Sidewalk adjacent to or attached to retaining wall 32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 33 removal. For utility projects, this Item shall be considered subsidiary to the 34 trench and no other compensation will be allowed. 35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 36 equipment, labor and incidentals needed to execute work. For utility projects, 37 this Item shall be considered subsidiary to the trench and no other 38 compensation will be allowed. 39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 40 disposal, tools, equipment, labor and incidentals needed to execute work. For 41 utility projects, this Item shall be considered subsidiary to the trench and no 42 other compensation will be allowed. 43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 45 execute work. For utility projects, this Item shall be considered subsidiary to 46 the trench and no other compensation will be allowed. 47 k. Remove Signage/Barricade: full compensation for removal, hauling, disposal, 48 tools, equipment, labor and incidentals needed to remove signage and/or road 49 barricade. For utility projects, this Item shall be considered subsidiary to the 50 trench and no other compensation will be allowed. CITY OF FORT WORTH SANDEROS, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised December 20, 2012 0241 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 1 1.3 REFERENCES 2 A. Definitions 3 1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit 4 pavers. 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 6 1.5 SUBMITTALS [NOT USED] 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE [NOT USED] 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 16 2.2 MATERIALS 17 A. Fill Material: See Section 3123 23. 18 2.3 ACCESSORIES [NOT USED] 19 2.4 SOURCE QUALITY CONTROL [NOT USED] 20 PART 3 - EXECUTION 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 REMOVAL 25 A. Remove Sidewalk 26 1. Remove sidewalk to nearest existing dummy, expansion or construction joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 28 B. Remove Steps 29 1. Remove step to nearest existing dummy, expansion or construction joint. 30 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 31 C. Remove ADA Ramp 32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 33 See 3.4.K. 34 2. Remove ramp to nearest existing dummy, expansion or construction joint on 35 existing sidewalk. CITY OF FORT WORTH SANDEROS, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised December 20, 2012 0241 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 1 D. Remove Driveway 2 1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See 3 3 A.K. 4 2. Remove drive to nearest existing dummy, expansion or construction joint. 5 3. Sawcut when removing to nearest joint is not practical. See 3.4.K. 6 4. Remove adjacent sidewalk to nearest existing dummy, expansion or construction 7 joint on existing sidewalk. 8 E. Remove Fence 9 1. Remove all fence components above and below ground and backfill with acceptable 10 fill material. 11 2. Use caution in removing and salvaging fence materials. 12 3. Salvaged materials may be used to reconstruct fence as approved by City or as 13 shown on Drawings. 14 4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced 15 areas during construction operation and while removing fences. 16 F. Remove Guardrail 17 1. Remove rail elements in original lengths. 18 2. Remove fittings from the posts and the metal rail and then pull the posts. 19 3. Do not mar or damage salvageable materials during removal. 20 4. Completely remove posts and any concrete surrounding the posts. 21 5. Furnish backfill material and backfill the hole with material equal in composition 22 and density to the surrounding soil unless otherwise directed. 23 6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least 1- 24 foot below the new subgrade elevation and leave in place along with the dead man. 25 G. Remove Retaining Wall (less than 4 feet tall) 26 1. Remove wall to nearest existing joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 3. Removal includes all components of the retaining wall including footings. 29 4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A 30 H. Remove Mailbox 31 1. Salvage existing materials for reuse. Mailbox materials may need to be used for 32 reconstruction. 33 I. Remove Rip Rap 34 1. Remove rip rap to nearest existing dummy, expansion or construction joint. 35 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 36 J. Remove Miscellaneous Concrete Structure 37 1. Remove portions of miscellaneous concrete structures including foundations and 38 slabs that do not interfere with proposed construction to 2 feet below the finished 39 ground line. 40 2. Cut reinforcement close to the portion of the concrete to remain in place. CITY OF FORT WORTH SANDEROS, PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104630 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0241 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 3. Break or perforate the bottom of structures to remain to prevent the entrapment of water. K. Sawcut 1. Sawing Equipment a. Power -driven b. Manufactured for the purpose of sawing pavement c. In good operating condition d. Shall not spall or fracture the pavement to the removal area 2. Sawcut perpendicular to the surface completely through existing pavement. L. Remove Signage/Barricade 1. Salvage existing materials for reuse. Materials may need to be used for reconstruction. 3.5 REPAIR [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects 1 /3/2014 J. Bengfort Modified to include removal of signage and road barricades CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANDEROS, PHASE I CITYPROJECT NO. 104630 33 39 60 - 1 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 1 of 6 1 SECTION 33 39 60 2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Application of a high -build epoxy coating system to concrete utility structures such 7 as manholes, lift station wet wells, junction boxes or other concrete facilities that 8 may need protection from corrosive materials 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. Replaced coating properties in Section 2.2 (B) with manufacturer and product 11 number specified by City of Fort Worth Water Department 12 C. Related Specification Sections include but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 14 Contract 15 2. Division I — General Requirements 16 3. Section 33 0130 — Sewer and Manhole Testing 17 1.2 PRICE AND PAYMENT PROCEDURES 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Manholes a. Measurement 1) Measurement for this Item shall be per vertical foot of coating as measured from the bottom of the frame to the top of the bench. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per vertical foot of "Epoxy Manhole Liner" applied. c. The price bid shall include: 1) Furnishing and installing Liner as specified by the Drawings 2) Hauling 3) Disposal of excess material 4) Clean-up 5) Cleaning 6) Testing 2. Non -Manhole Structures a. Measurement 1) Measurement for this Item shall be per square foot of area where the coating is applied. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per square foot of "Epoxy Structure Liner" applied. c. The price bid shall include: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANDEROS PHASE 1 City Project No. 104630 333960-2 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 2 of 6 1 1) Furnishing and installing Liner as specified by the Drawings 2 2) Hauling 3 3) Disposal of excess material 4 4) Clean-up 5 5) Cleaning 6 6) Testing 7 1.3 REFERENCES 8 A. Reference Standards 9 1. Reference standards cited in this Specification refer to the current reference 10 standard published at the time of the latest revision date logged at the end of this 11 Specification, unless a date is specifically cited. 12 2. ASTM International (ASTM): 13 a. D543, Standard Practices for Evaluating the Resistance of Plastics to Chemical 14 Reagents. 15 b. D638, Standard Test Method for Tensile Properties of Plastics. 16 c. D695, Standard Test Method for Compressive Properties of Rigid Plastics. 17 d. D790, Standard Test Methods for Flexural Properties of Unreinforced and 18 Reinforced Plastics and Electrical Insulating Materials. 19 e. D4060, Standard Test Method for Abrasion Resistance of Organic Coatings by 20 the Taber Abraser. 21 f. D4414, Standard Practice for Measurement of Wet Film Thickness by Notch 22 Gages. 23 g. D4541, Standard Test Method for Pull -off Strength of Coatings Using Portable 24 Adhesion Testers. 25 3. Environmental Protection Agency (EPA). 26 4. NACE International (MACE). 27 5. Occupational Safety and Health Administration (OSHA). 28 6. Resource Conservation and Recovery Act, (RCRA). 29 7. The Society for Protective Coatings/NACE International (SSPC/NACE): 30 a. sp 13/NACE No. 6, Surface Preparation of Concrete. 31 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 32 1.5 SUBMITTALS 33 A. Submittals shall be in accordance with Section 0133 00. 34 B. All submittals shall be approved by the City prior to delivery. 35 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 36 A. Product Data 37 1. Technical data sheet on each product used 38 2. Material Safety Data Sheet (MSDS) for each product used 39 3. Copies of independent testing performed on the coating product indicating the 40 product meets the requirements as specified herein 41 4. Technical data sheet and project specific data for repair materials to be topcoated 42 with the coating product including application, cure time and surface preparation 43 procedures CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104630 Revised December 20, 2012 333960-3 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 3 of 6 1 B. Contractor Data 2 1. Current documentation from coating product manufacturer certifying Contractor's 3 training and equipment complies with the Quality Assurance requirements specified 4 herein 5 2. 5 recent references of Contractor indicating successful application of coating 6 product(s) of the same material type as specified herein, applied by spray 7 application within the municipal wastewater environment 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. Qualifications 12 1. Contractor 13 a. Be trained by, or have training approved and certified by, the coating product 14 manufacturer for the handling, mixing, application and inspection of the coating 15 product(s) to be used as specified herein 16 b. Initiate and enforce quality control procedures consistent with the coating 17 product(s) manufacturer recommendations and applicable NACE or SSPC 18 standards as referenced herein 19 1.10 DELIVERY, STORAGE, AND HANDLING 20 A. Keep materials dry, protected from weather and stored under cover. 21 B. Store coating materials between 50 degrees F and 90 degrees F. 22 C. Do not store near flame, heat or strong oxidants. 23 D. Handle coating materials according to their material safety data sheets. 24 1.11 FIELD [SITE] CONDITIONS 25 A. Provide confined space entry, flow diversion and/or bypass plans as necessary to 26 perform the specified work. 27 1.12 WARRANTY 28 A. Contractor Warranty 29 1. Contractor's Warranty shall be in accordance with Division 0. 30 PART 2 - PRODUCTS 31 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 32 2.2 EQUIPMENT, PRODUCT TYPES, MATERIALS 33 A. Repair and Resurfacing Products 34 1. Compatible with the specified coating product(s) in order to bond effectively, thus 35 forming a composite system 36 2. Used and applied in accordance with the manufacturer's recommendations 37 3. The repair and resurfacing products must meet the following: CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104630 Revised December 20, 2012 333960-4 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 4 of 6 1 a. 100 percent solids, solvent -free epoxy grout specifically formulated for epoxy 2 topcoating compatibility 3 b. Factory blended, rapid setting, high early strength, fiber reinforced, non -shrink 4 repair mortar that can be toweled or pneumatically spray applied and 5 specifically formulated to be suitable for topcoating with the specified coating 6 product used 7 B. Coating Product 8 1. Coating shall be Warren Environmental S-301-14 Spray Epoxy or approved equal. 9 C. Coating Application Equipment 10 1. Manufacturer approved heated plural component spray equipment 11 2. Hard to reach areas, primer application and touch-up may be performed using hand 12 tools. 13 2.3 ACCESSORIES [NOT USED] 14 2.4 SOURCE QUALITY CONTROL 15 1. Testing 16 a. Take wet film thickness gauge per ASTM D4414 at 3 locations within the 17 manhole, 2 spaced equally apart along the wall and 1 on the bench. 18 1) Document and attest measurements and provide to the City. 19 b. After coating has set, repair all visible pinholes by lightly abrading the surface 20 and brushing the lining material over the area. 21 c. Repair all blisters and evidence of uneven cover according to the 22 manufacturer's recommendations. 23 d. Test manhole for final acceptance according to Section 33 0130. 24 PART 3 - EXECUTION 25 3.1 INSTALLERS 26 A. All installers shall be certified applicators approved by the manufacturers. 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION 29 A. Manhole Preparation 30 1. Stop active flows via damming, plugging or diverting as required to ensure all 31 liquids are maintained below or away from the surfaces to be coated. 32 2. Maintain temperature of the surface to be coated between 40 and 120 degrees F. 33 3. Shield specified surfaces to avoid exposure of direct sunlight or other intense heat 34 source. 35 a. Where varying surface temperatures do exist, coating installation should be 36 scheduled when the temperature is falling versus rising. 37 B. Surface Preparation 38 1. Remove oils, grease, incompatible existing coatings, waxes, form release, curing 39 compounds, efflorescence, sealers, salts or other contaminants which may affect the 40 performance and adhesion of the coating to the substrate. CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104630 Revised December 20, 2012 333960-5 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 5 of 6 1 2. Remove concrete and/or mortar damaged by corrosion, chemical attack or other 2 means of degradation so that only sound substrate remains. 3 3. Surface preparation method, or combination of methods, that may be used include 4 high pressure water cleaning, high pressure water jetting, abrasive blasting, 5 shotblasting, grinding, scarifying, detergent water cleaning, hot water blasting and 6 others as described in SSPC SP 13/NACE No. 6. 7 4. All methods used shall be performed in a manner that provides a uniform, sound, 8 clean, neutralized, surface suitable for the specified coating product. 9 3.4 INSTALLATION 10 A. General 11 1. Perform coating after the sewer line replacement/repairs, grade adjustments and 12 grouting are complete. 13 2. Perform application procedures per recommendations of the coating product 14 manufacturer, including environmental controls, product handling, mixing and 15 application. 16 B. Temperature 17 1. Only perform application if surface temperature is between 40 and 120 degrees F. 18 2. Make no application if freezing is expected to occur inside the manhole within 24 19 hours after application. 20 C. Coating 21 1. Spray apply per manufacturer's recommendation at a minimum film thickness of 22 125 mils. 23 2. Apply coating from bottom of manhole frame to the bench/trough, including the 24 bench/trough. 25 3. After walls are coated, remove bench covers and spray bench/trough to at least the 26 same thickness as the walls. 27 4. Apply any topcoat or additional coats within the product's recoat window. 28 a. Additional surface preparation is required if the recoat window is exceeded. 29 5. Allow a minimum of 3 hours of cure time or be set hard to touch before reactivating 30 flow. 31 3.5 REPAIR / RESTORATION [NOT USED] 32 3.6 RE -INSTALLATION [NOT USED] 33 3.7 FIELD [oR] SITE QUALITY CONTROL 34 A. Each structure will be visually inspected by the City the same day following the 35 application. 36 B. The inspector will check for deficiencies, pinholes and thin spots. 37 C. If leaks are detected they will be chipped back, plugged and coated immediately with 38 protective epoxy resin coating. 39 1. Make repair 24 hours after leak detection. CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104630 Revised December 20, 2012 333960-6 EPDXY LINERS FOR SANITARY SEWER STRUCTURES Page 6 of 6 1 3.8 SYSTEM STARTUP [NOT USED] 2 3.9 ADJUSTING [NOT USED] 3 3.10 CLEANING [NOT USED] 4 3.11 CLOSEOUT ACTIVITIES 5 A. Upon final completion of the work, the manufacturer will provide a written certification 6 of proper application to the City. 7 B. The certification will confirm that the deficient areas were repaired in accordance with 8 the procedure set forth in this Specification. 9 3.12 PROTECTION [NOT USED] 10 3.13 MAINTENANCE [NOT USED] 11 3.14 ATTACHMENTS [NOT USED] 12 END OF SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 Replaced coating properties in Section 2.2 (B) with 8/16/17 C. Edwards manufacturer and product number specified by City of Fort Worth Water Department CITY OF FORT WORTH SANDEROS PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104630 Revised December 20, 2012 FORTWORTH., CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: November 08, 2021 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. FORT WORTH® Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water basis. Special bedding maybe required for some Updated: 11/08/2021 Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) I I 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D4I2/D792 I I 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 I I 04/26/00 33 05 13 Profile Gasket for 4' Diam. MIR. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH I I 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area I 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System I er - Manholes & Bases/Fiberelass 33-39-13 (1/8/13 I I 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowti[e ASTM 3153 Non -traffic area I I 08/30/06 33 39 13 Fiberglass Manholc L.F. Manufacturing Non -traffic area I I j Water & Sewer - Manholes & Bases/Frames & Covers/Rectammlar 33-05-13 (Rev 2/3/16) I I33 05 13 IMaoholc Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD I Water & Sewer - Manholes & Bases/Frames & Covers/Standard Bound) 33-05-13 (Rev 2/3/16) I 3305 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. I I * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. I 08/24/18 3305 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R- 165-LM (Hinged) ASTM A48 & AASHTO M306 24" Dia. I 08/24/18 33 05 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 & AASFTO M306 30" dia. I33 05 13 Manhole Frames and Cove s Sigma Corporation MH-144N I 33 05 13 m Manhole Fraes and Covers Sigma Corporation MH-143N I 33 05 13 Manhole Frames and Cove s Pont-A-Mousson GTS-STD 24" dia. I33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. I 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. I 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. I 01/31/06 3305 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASFITO M306-04 30" Dia. I 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH165IFWN & MH16502 30" Dia I 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia I 08/10/11 3305 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 3305 13 30" Dia. MH Ring and Cover, (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSFITO MI 05 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Luck I Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 Bev 2/3/16) I33 05 13 Manhole Frames and Covers Pont-A-Mousson I3305 13 Manhole Frames and Covers Neenah Casting I3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry I* 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. I03/08/00 3305 13 Manhole Frames and Covers Accucast I04/20/01 3305 13 Manhole Frames and Covers (SIP)Seramoore Industries Private Ltd. I �Wr - Manholes & Bases/Precast Concrete 11ev 1/8/13 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp I* 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. hic. I09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. I05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company I 10/27/06 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. I 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Pamtight 24" Dia. 24" Dia. 300-24P 24" Dia. WPA24AM 24" Dia. RC-2100 ASTM A 48 24" Dia. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. SPL Item 449 ASTM C 478 41" ASTM C-443 48" 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 48" I.D. Manhole w/ 24" Cone ASTM C 478 48" Diam w 24" Ring Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 3920 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 1 32 39 20 IManholle, Precast Concrete I Forterra Pipe and Precast 48" LD. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast Reinforced Pol er Concrete Armorock 48" & 60" LD. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast H id Pol cr &PVC Predl S 48" & 60" I.D. Manhole w/32" Cone 48" & 60" ` Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitiou EL rE1-14 Manhole Rehab Systems Quadex I 04/23/01 EI-14 Manhole Rehab Systems Standard Cement Materials, Inc. Relmer MSP E1-14 Manhole Rehab Systems AP/M Permaform I 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System I 5/12/03 EI-14 Manhole Rehab System (Liner) Poly -triplex Technologies MH repair product to stop infiltration I08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repam Product I F-_ Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious I 05/20/96 EI-14 Manhole Rehab Systems Spravrou, Spray Wall Polyarethane Coating I* EI-14 Manhole Rehab Systems San Coast 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) I 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, S1, S2 I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 I 08/30/06 Coatings for Corrosion Protection Citadel SLS-30 Solids Eggoxy 33 05 16, 33 39 10, RR&C Dampproofing Non-]ribered Spray .3119118 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) I I I ASTM D5813 I Misc. Use I I ASTM D639/D790 I For Exterior Coating of Concrete Structures Only Acid Resistance Test Sewer Applications I Sewer Applications I Sewer AO lications I For Exterior Coaling of Concrete Structures Only * From Original Standard Products List CITY OF FORT WORTH FORT WO RT H® WATER DEPARTMENT STANDARD PRODUCT LIST Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Water & Sewer - Manhole Inserts - Field Onerations Use Onlv (Rev 2/3/16) I33 05 13 Manhole Insert Knutson Enterprises Made to Order- Plastic I * 33 05 13 Manhole Insert South Westem Packaging Made to Order - Plastic I * 33 05 13 Manhole Insert Noflm-Inflow Made to Order - Plastic I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. LifeSaver - Stainless Steel I 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel I Water & Sewd—fl aCasin! Spacers 33-05-24 (07/01/ 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 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casin Spacers 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainleas Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) f Nonyressure Pipe and Grouted Casing "W Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) Updated: 11/08/2021 equired for some pipes. itional Al ASTM D 1248 For 24" dia. ASTM D 1248 For 24" dia. ASTM D 1248 For 24" dia. For 24" dia. For 24" that Up to 48" Up to 48" Up to 48" * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 3" thrn 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AW WA C150, C151 4" thin 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 McWane Cast Iron Pipe Co. AW WA C150, C151 I Water & Sewer - Utility Line Marker (08/24/2018) I Sewer - Coatin-s/EDoxv 33-39-60 (01/08/13). 02/25/02 Epoxy Lining System Sauereisen, Inc S—Gard 21ORS LA County 9210-1.33 I 12/14/01 Epoxy Lining System Enech Technical Coatings Ertech 2030 and 2100 Series I I 04/14/05 Interim Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only I I01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIBB, Sl, S2 Acid Resistance Test Sewer Applications I I8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications I I Sewer - Coatings/Polvurethane I I I Sewer - Combination Air Valves I 05/25/18 I 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LT1`02(Composite Body) 2" I I Sewer - Pioes/Concrete I * EI-04 Conc. Pipe, Reinf ced Wall Concrete Pipe Co. Inc. ASTM C 76 I E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item 977 ASTM C 76 I I E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL item #95 P lanhole, #98 Pirre ASTM C 76 I I* E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 I I Sewer - Pine Enlargment Svstem (Method)33-31-23 (01/18/13) I PIM System PIM Corporation Polyethylene PIM Corp., Piscam Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously I I TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously I I Sewer - Pine/Fibemdass Reinforced Pipe 33-31-13(1/8/1 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/D3754 I 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bo idstrand RPMP Pipe ASTM D3262/D3754 I I 04/09/21 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 I I 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V I I06/09/10 E I-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 I I Sewer - PiDes/HDPE 33-31-23(1/8/131 I * High -density polyethylene pipe Phillips Dnscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" I High -density polyethylene pipe Plexco Inc. ASTM D 1248 8" I I High -density polyethylene pipe Polly Pipe, hic. ASTM D 1248 8" I High -density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 I I Sewer -Pines Pressure Sewer 157 I 12/02/11 33-II-I� DR-I4 PVC Pressure Pipe Pipelife Jetsheam PVC Pressure Pipe AWWA C900 4"thin l2" 10/22/14 I 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AW WA C900 4" thrn 12" I * From Original Standard Products List FORT WORTH® Note: All water or CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding may be required for some Updated: 11/08/2021 * 12/23/97* ' 01/18/18 11/11/98 * 09/11/12 05/06/05 04/27/06 ' 1 3/19/2018 1 3/19/2018 1 3/29/2019 1 10/21/2020 1 10/22/2020 1 10/21/2020 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33 3120 33 3120 33 3120 33 3120 33 3120 33 3120 PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipc PVC Sewer Pipe PVC Sewer Pine PVC Ss Wall Pipe PVC Sewer Fittings PVC Sewer Fittings PVC Sewer Pipe PVC Sewer PTc Gasketed Fittings (PVC) PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle) Diamond Plastics Corporation Lamson Vylon Pipe Vinyltech PVC Pipe Diamond Plastics Corporation J-M Manufacturing Co, Inc. (JM Eagle) Piq life Jet Stream Diamond Plastics Corporation Harco Plastic Trends, In.c Pipelife Jet Stream Pipelife Jet Stream GPK Products, Inc. NAPCO Sanderson Pipe Corp. NAPCO SDR-26 SDR-26 Gravitv Sewer "S" Gravity Sewer Pipe SDR 26/35 PS 115/46 SDR-26 and SDR-35 SDR 26/35 PS 115/46 SDR-26 and SDR-35 Gasket Fittings Gasketed PVC Sewer Main Finings SDR 35 SDR 26 SDR 26 SDR 26 SDR 26 SDR 26/35 PS 115/46 ASTM D 3034 ASTM D 3034 ASTM F 789 ASTM D3034 ASTM F 679 ASTM F 679 ASTM F-679 ASTM F-679 ASTM D-3034, D-1784, etc ASTM D 3034 ASTM F679 ASTM D3034 ASTM D3034/F-679 ASTM D3034 ASTM D3034 ASTM F-679 4" - 15" 4" thin 15" 4" thru 15" 4" thin 15" 18" to 27" 18" - 28" 18" 18" to 48" 4" - 11" 18"- 24" 4"- 15" 4"- 15" 4" - 15" 4"- 15" 18"- 36" * Clued m Place Pipe Insituf Texark, Inc ASTM F 1216 05/03/99 Cured in Place Pipe National Envirotech Group National Liner, (SPL) Item #27 ASTM F-1216/D-5813 05/29/96 Cured in Place Pipe Remolds Inc/Inlinef Technolgv (Inliner USA) Inliner Technology ASTM F 1216 Sewer - Pines/Rehab/Fold & Farm Fold and Form Pipe Cullum Pipe Systems, Inc. 11/03/98 Fold and Form Pipe Insituf Technologies, Inc. Insituf "NuPIpe" ASTM F-1504 Fold and Form Pipe American Pipe & Plastics, Inc. Demo. Purpose Only 12/04/00 Fold and Form Pipe Ultralmer Ultraliner PVC Alloy Pipeliner ASTM F-1504, 1871, 1867 06/09/03 Fold and Form Pipe Miller Pipeline Corp. EX Method ASTM F-1504, F-1947 Up to 18" diameter L Sewer - Pioes/Oven Prorde Large Diameter 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Lamson Vylon Pipe Canon Vylon H.C. Closed Profile Pipe, ASTM F 679 18" to 48" 09/26/91 E100-2 PVC Sewer Pipe, Ribbed Extrusion Technologies, Inc. Ultra -Rib Open Profile Sewer Pipe ASTM F 679 18" to 48" E100-2 PVC Sewer Pipe, Ribbed Up -or ETI Company 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double Wall Advanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated) ASTM F 2736 24"-30" 11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple Wall Advanced Drainage Systems (ADS) SaniTde HP Triple Wall Pipe ASTM F 2764 30" to 60" 05/16/11 Steel Reinforced Polyethylene Pipe ConTech Construction Products D=mx ASTM F 2562 24" to 72" Water - AD 01/18/18 33-12-10 Double Snap Saddle Ronnie 202NS Nylon Coated AW WA C800 1"-2" SVC, up to 24" Pine 08/28/02 Double Strap Saddle Smith Blair 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AW WA C800 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M 1 %" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. L22-77NL AW WA 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 AW WA C800 1-1 /2" FB6004-NL, FB16004-NL, B11-444-WR- 1111018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AW WA C800 B-25000N, B-24277N-3, B-20200N-3, H- AW WA C800, ANSF 61, 1111.18 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-2020oN-3, B-24277N-3,H- AW WA C800, ANSF 61, 1/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" B-25000N, B-20200N-3,H-15000N, H- AW WA C800, ANSF 61, 1111.18 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 1CM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) 1CM Industries, Inc. 412 Tapping Sleeve ESS AW WA C-223 Up to 30" w/12" Out 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) Ronnie FTS 420 AW WA C-223 up to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Ronnie SST Stainless Steel AW WA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AW WA 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-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box 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 (01108/131. * From Original Standard Products List 3 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 Note: All water or sewer pipe larger than 1S inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding maybe required for some pipes. Approval Spec I( on Manufacturer ModelI. National Spec Water -Combination �Jr a ease 33-31-70 (Ol/08/13) ` * EI-11 Combination Au Release Valve GA Industries, Inc. Empire Au and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A v & 2" 240 - that, ASTM A 307 - Cover Bolts * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 11", 1" 12" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Fire Hvdrants 33-1240 (01/15/14S' ateW r—rv�ar-r-e1 10/Ol/87 E-1-12 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 08/24/88 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 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 1.1187 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurin o AWWA C-502 Shop Drawing FH-12 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 Water— Company Shop Drawing No. SK740803 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AW WA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" Water - Pines/PVC (Pressure Water) 33-31-70 (01/08/13) 70781! AWWA C900, AWWA C605, 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 ASTM D1784 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife let Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 ANSI/NSF 61 4"-28" FM 1612 AWWA C900-16 UL 1285 12/6/2018 33 11 12 PVC Pressure Pipe 1-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 ANSI/NSF 61 16"-24" FM 1612 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DRI8 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO DR14 AWWA C900 4%12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" 01/23/92 EI-07 Ductile Iron Fittings Stu Pipe Products, Inc. Mechanical Joint Fittings AW WA C153 & C110 * E I-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * EI-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AW WA C 153, C 110, C III 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co.fUni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AW WA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Icon Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA C111/C116/C153 4" to I" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI11/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLC10 AW WA C111/C153 4" to 10" 03/06/19 33-I1-I1 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 EI-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCE AW WA C111/C153 12" to 24" 08/10/98 E I-07 MJ Fittings(DIP) Sigma, Co. Sigma One-Lok SLDE AW WA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Tmhncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Induaries(Serampore) Mechanical Joint Fittings AW WA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. PVC Stargrip Series 4000 ASTM A536 AW WA CI I I 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. DIP Stargrip Series 3000 ASTM A536 AW WA CI I I 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Induaries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AW WA CI11 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-1141 Mechanical Joint Retainer Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA C111 4"-12" EZ Grip Joint Restraint (EZD) Red for C900 03/19/18 33-1141 Mechanical Joint Retainer Glands SIP Industnes(Serampore) DRI8 PVC Pipe ASTM A536 AW WA C111 16"-24" * From Original Standard Products List CITY OF FORT WORTH FORT WO RT H® WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11/08/2021 Note: All water or sewer pipe larder than 1S inch diameter shall be approved for use by the Water Department on a proiect specific basis. Special bedding maybe required for some pipes. 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 AW WA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255) AW WA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AW WA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Plow Control Series 2500 (Ductile Iron) AW WA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve Amoncim Flow Control 42" and 48" AFC 2500 AW WA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve Amoncan AVK Company American AVK Resilient Seeded GV AW WA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve Amoncan AVK Company 20" and smaller * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" * E1-26 Resilient Seated Gate Valve M&H 4" - 12" * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AW WA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AW WA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AW WA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. Clow 30" & 36" C-515 AW WA C515 30" and 36" (Note 3) 11/30/12 Resilient W Gate Valve Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48"fNote 3) 01/01/91 EI-26 Resilient Seat Gate Valve Stockham Valves & Fittings AW WA C 509, ANSI 420 - stem, 4" - 2" ASTM A 276 Type 304 - Bolts & .its * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcoosea1250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) El FlowMaster Gate Valve & Boxes 08/24/18 Mateo Gate Valve Matco-Noroa 225 MR AW WA/ANSI C115/An21.15 4" to 16" aW e�tnes/Valves�fi tinas/Bubber Seated Butterfly Valve 33-12-2TT077IbTRY-S E I-30 Rubber Seated Butterfly Valve Henry Pratt Co. AW WA C-504 24" * EI-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Domrik Valves Co. AW WA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AW WA C-504 24" to 48" 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) AW WA C504 Butterfly Valve AW WA C-504 30"-54" 01/1. Water - Polvettvlene Encasement 33-11-10 (01/08/13) E1-13 Polyethylene Encasment Flossol Packaging Fulton Enterprises AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industnes Bullstrong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD Water - .S'amDI1nE .Station 3/11 6 Water Sampling Station Water Plus B20 Water Sampling Station Water - Automatic Flusher HG6-A-IN-2-BRN-LPRR(Portable) ]OY11 Y20 Automated Flushing System Mueller Hydroguard HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupf le Foundry Company Eclipse 49700 (Portable) * From Original Standard Products List