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Home My WebLink AboutContract 62293-PM1CSC No. 62293-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, PA VING, DRAINAGE & STREET LIGHT IMPROVEMENTS TO SERVE PALMILLA SPRINGS PHASE -7 IPRC 22-0128 City Project No.104232 File No. W-2842, X-27420 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Water Director Lauren Prieur, P.E. Director, Transportation and Public Works Department * ... / Cuangong Chi 140511� P.E. O..S2•'� Date: 11/20/2021 Prepared for The City of Fort Worth NOVEMBER 2024 tn P 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 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised i20, 001113 002113 invitation t Bidders 1rZ4rdCv;3fls t Bidder 03 020 03i2n 00 41 00 Bid Form 04/02/2014 00 42 43 0043 13 Proposal Form Unit Price Bid Ben 05/22/2019 04/02,9014 nn 45 11 0045 12 Bidde s Pr-egttal fie4i n's Prequalification Statement 04/02,9014 09/01/2015 0045 13 004526 G ntr-aetef G,,mpl r e with Workers' Compens io r ,,-20 �� 04 02,L20i n 0045 40 00 52 43 r finer-it-y Biisi es nftte,-pr- se Goal Agreement 08QM2018 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 08/30/2013 01 31 19 ni i 20 Preconstruction Meeting 08/30/2013 L2 i VT�TLV 3 01 3233 Pr-Egeet Meetings Preconstruction Video V7T�T2V1T 07,10 08/30/2013 01 3300 Submittals 08/30/2013 0i 35 i3 ,Spoor Prci(jc 04/2 4 01 11Z iv Testire and insi3e .ti r Seryiees 03i20,9020 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 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 0i 78 23 Ope -.,tio a a T 04 /07,L2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WOR PALMILLA SPRINGS PHASE 7 CITYPROJECTNO. 104232 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified 0241 13 1 Selective Site Demolition 01/03/2014 Division 33 - Utilities 33 39 60 1 Epoxy Liners for Sanitary Sewer Structures 08/16/2017 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.2ov/tiDw/contractors/ or htti)s:Hapus.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0211 11 T 44 ty D em.,ya / A 1.a-a e,.men 1 2/rL7 viz 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34- 6 f'..n e -ete Base Material f Tre,.e Re. 1 7 /7rz�-zO�iviz 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 2605 10 Demolit:,,,.. f Eleet ie.al Systems 11 /7 z 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 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements Aa7 3201 18 Te,v„ o -a-y Asphalt t Paving Dop ai Q/'lzzr20190i2 32 01 29 Concrete Paving Repair 12/20/2012 CITY OF FORT WOR PALMILLA SPRINGS PHASE 7 CITYPROJECTNO. 104232 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1123 Flexible Base Courses 12/20/2012 3221 1129 Lime Treated Base Courses 12/20/2012 11 1133 Cement Tfe.,te.l Base Cou- 12/�720,9012 In 11 3'7 Liquid ,i Treated Sol Stabilize 08/3wr2bgois 32 1216 37�3 Asphalt Paving It r 12/20/2012 32 13 13 Asphalt Pa,y ng -aek Se.,lafAs Concrete Paving 12/20/2012 12/20/2012 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 3 7�o IT it lick .snRuing 1 3 /3!l /7l11 3 32 1613 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 11'7 25 Curb Address Painting 11/04/2013 In pi 13 37�o Chain Fences and Ga4es Gates Q/3zzr20190 2 13/3�12 323129 Wire Fenees and Weed Fe,andandandC_ ees e+es 1 z3 /3z 20/20i2 3232 13 CwJ ix D''� WoO rDcetzinir4 Walls 06/0a9 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 3292 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 3303 10 33 04 33 04 %,pwzzz Pumr/.;,,%g of Existing Sewer- Syste joint Beading and Eleetfieal 1sel,+:.,n C,,FFE).,:,,... C,,,-,tfOl Test St.,t: 12/7zzr20/2012 12/7rz�20,9 z Q/3zzr201QW2 33 04 12 333 04 30 ffiS Magnesium Anode C, tl,edie Proteetio S yste.,, Tent rorar VA4e, cep4ees 13/3�12 07/n� 'gin 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings — Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 333�0 A-ug--,r-Bo:ing 12/�'12 3-3-A5-21 330522 332�3 Tunr.`�l.T �nte Steel C.,sing P-i a 1 '1 /3zzr201Q W 2 13/3rLr20iiviz 131 /3z 33�4 33 05 26 Hand Twmeling T,,,,.,,.el Liner- e.- Plate installation Caf-:e,- Pipe i Casing 06/ivvr19,901-3 12/20/2012 of E) f Utility Markers/Locators 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 CITY OF FORT WOR PALMILLA SPRINGS PHASE 7 CITYPROJECTNO. 104232 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 i i i3 ('one -ete Pressu -i Dilro, Bar- Wrapped, Stool Cylinder- Type 12/7rcr20/20Q 2,2 11 11 Bur-ied Stool Pipe and Fittings 12/20,9012 33 1210 Water Services 1-inch to 2-inch 02/14/2017 ?2 12 11 Large Wa4e,- Metefs 12/2 z 33 1220 22�= Resilient Seated Gate Valve n n n„1. 12/20/2012 12/�12 33 1225 WWbef: Seated Butter -fly V Connection to Existing Water Mains 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 22�0 Water Sample Stations nssemb! 12/20/2012 12 21 12 Standard Blow off Valve Cur-ed in Dlaee Pipe (CIPP) 06/19,9014 172z 22� 22�5 Fiber -glass De;„F ,.ee,1 Pipe for- Gfa-,;ty Sa-n ta-y S High ire„sit., n„1yethy1e„e r for- Sanitary Se..,e,. �I-I�P�!) P1�0 � 1 l/"fez 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 22 3121 Polyvinyl Chloride (PVC) Closed U,-e File Or-ayt.. Eaniaa j EF 12/20/2012 Pipe 333122 22 3123 Sanitary Sewer Eli,( � T1.t11g Sanitary Sewer- Pipe Enlargement r12r20r201z 12/20/20 33 3150 Sanitary Sewer Service Connections and Service Line 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 22�0 F4-b gla,-)L _\��1%�11 V11�/ Waste....,te,. A eves Chamber- (ALAG) 12/2�r20/zvii 12/20,9z � 333960 3341 10 e Epoxy r ; s for Sanitary Sewer- St,-..etwes Reinforced Concrete Storm Sewer Pipe/Culverts 12/2090 4 ,z 07/01/2011 3_ 11 11 22 41 12 High Density Polyethylene (1IDPE) Pir Corm Dvin De;„F .-ee.a Pelyetl.le„e (SRPE) Pipe 121 /2zzr20/20Q 11 /12/7n1 C 33 6-00 33 4601- S„l�c &lettod Eta DTc im 17, /2 07/n T 33 4602 Tf019�? . D��i�f� n�/n1 /2n1 1 �n 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 2A�0 T,-.,FF:e Sigaa s 10/1 5 24 41 1001 n l C t Q481 0is .-r a-rttr'k,E,1�,,�,,3€i�t�—C�i}ti�6rie�' cc'l�acc �srrorzoz� 34 41 10.02 AttciG�titren4 BB Software EO entf9ncrvpeC�icution 2 24 41 1 .03 Attaehmen4 G Softwarevpeeifieafien WIQW2 ✓ I 11 11 Temper-afy Traff e Signals s 1 1 /2zr 22/2013 3/1 1 V RnEtangullaN R*'1 Flashing Rene „ , ,, /2rrr221Q W 3 34 416 Pe&ow?..&r Hybrid , , /�0 34 41 20 Roadway Illumination Assemblies 12/20/2012 2n n�0T Artar�l. �� ID r loamr 06/15/2015 y �al�r.�irvs 24 4120.02 F.ee.. ay LED n,..,,1.. ay r � �ar�i�m�k rs 06/1 c ,9015� CITY OF FORT WOR PALMILLA SPRINGS PHASE 7 CITYPROJECTNO. 104232 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 34 Aluminum Signs 4150 � 3471 13 Single Merle Fiber- Optie Cable Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GR-01 60 00 Product Requirements END OF SECTION Page 5 of 5 06/15/2015 11/12/2013 02i o 11/22/2013 CITY OF FORT WOR PALMILLA SPRINGS PHASE 7 CITYPROJECTNO. 104232 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS Revised March 20, 2020 SECTION A UTILITY, DRAINAGE CONTRACT FORMS 00 42 43 DAP -Bm PROPOSAL Page 1 of 1 UNIT PRICE BID Bidlist Item No. I 1 2 3 4 5 6 7 I $ 9 I I I I 1 2 3 4 5 6 7 I 8 9 10 11 I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Description I Specification Section No. Bidder's Application Bidder's Proposal Unit of I Bid Measure Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 3305.0003 8" Waterline Lowering 33 05 12 EA 8 3305.0109 Trench Safety 33 05 10 LF 3,675 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 3.1 3311.0261 8" PVC Water Pipe 33 11 12 LF 3,675 3312.0001 Fire Hydrant Assembly 33 1240 EA 4 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 2 3312.2003 1" Water Service 33 12 10 EA 92 3312.3003 8" Gate Valve 33 1220 EA 9 9999.0001 2" Irrigation Service 00 00 00 EA 2 TOTAL UNIT I: WATER IMPROVEMENTS 3301.0002 Post -CCTV Inspection 3301.0101 Manhole Vacuum Testing 3305.0109 Trench Safek�v 3305.1003 20" Casing y Open Cut 3331.3101 4" Sewer Service 3331.4115 8" Sewer Pipe 3331.4116 8" Sewer Pipe, CSS Backfill 3339.1001 4' Manhole 3339.1003 4' Extra Depth Manhole 3339.0001 Epoxy Manhole Liner 9999.0002 Connect to Existing Sewer UNIT II: SANITAR-' SEWER IMPROVEMENTS 3301 31 LF 3,530 33 01 30 EA 20 33 05 10 LF 3,530 33 0522 LF 43 33 31 50 EA 92 33 11 10, 33 31 12, 33 3120 LF 3,530 33 11 10, 33 31 12, 33 3120 LF 160 33 39 10, 33 39 20 EA 20 33 39 10,333920 VF 90 33 39 60 VF 30 00 00 00 EA 1 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $5,700.00 $0.10 $4,100.00 $57.00 $8,170.00 $1,900.00 $1,540.00 $2,500.00 $3,140.00 $3.00 $150.06 $1.00 $226.00 $1,530.00 $73.8d $55.00 $4,780.0d $220.00 $430.00 $2,000.00 $45,600.00 $367.50 $12,710.00 $209,475.00 $32,680.00 $3,800.00 $141,680.00 $22,500.00 $6,280.00 $475,092.50 $10,590.00 $3,000.00 $3,530.00 $9,718.00 $140,760.00 $260,514.00 $8,800.00 $95,600.00 $19,800.00 $12,900.00 $2,000.00 $567,212.00 UNIT III: DRAJAAGE IMPROVEMENTS 3137.0104 12" Stone Riprap, dry 31 3700 SY 129 $90.00 $11,610.00 3305.0109 Trench Safety 33 05 10 LF 1,877 $0.50 $938.50 3341.0201 2 1 " RCP, Class III 3341 10 LF 97 $86.00 $8,342.00 3341.0205 24" RCP, Class III 3341 10 LF 667 $96.00 $64,032.00 3341.0208 27" RCP, Class III 3341 10 LF 526 $110.00 $57,860.00 3341.0302 30" RCP, Class III 3341 10 LF 222 $128.00 $28,416.00 3341.0402 42" RCP, Class III 3341 10 LF 365 $208.00 $75,920.00 3349.0001 4' Storm Junction Box 3349 10 EA 4 $6,700.00 $26,800.00 3349.0002 5' Storm Junction Box 3349 10 EA 1 $7,200.00 $7,200.00 3349.5001 10' Curb Inlet 33 49 20 EA 5 $6,000.00 $30,000.00 3349.5002 15' Curb Inlet 33 49 20 EA 6 $8,400.00 $50,400.00 3349.5003 20' Curb Inlet 33 49 20 EA 1 $11,200.00 $11,200.00 9999.0003 42" Sloped Headwall 33 49 40 EA 2 $4,400.00 $8,800.00 9999.0004 24" Sloped Headwall 33 49 40 EA 1 $3,100.00 $3,100.00 TOTAL UNIT III: DRAINAG- IMPROVEMENTS $384,618.50 Bid Summary UNIT I: WATER IMPROVEMENTS $475,092.50 UNIT II: SANITARY SEWER IMPROVEMENTS $567,212.00 UNIT III: DRAINAGE IMPROVEMENTS $384,618.50 Total Construction Bid $1,426,923.00 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 75 working days after the date when the CONTRACT commences to run as provided in the General Conditions. BURNSCO CONSTRUCTION, INC. 6331 SOUTHWEST BLVD BENBROOK, TEXAS 76132 END OF SECTION Albert Grantges RY: �7 f S i et3atur� TITLE: Vice President DATE: October 9, 2024 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 00 42 43 Bid Proposal_DAP - Bumscoxls 0045 [2 DAP PREQUALIFICATION STATEN[ENT Page L of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the mgjor work type(s) listed. In the "Maior Work Type" box provide the complete maior work type and actual description as provided by the Water, Department for water and sewer and TPW for oavin2. Major Work Type Contractor/Subcontractor Company Name Prequalifucation Expiration Date Water Distribution, Burnsco Construction, Inc. 6/30/2025 Development, 24-inches and smaller Sewer Collection System, Burnsco Construction, Inc. 6/30/2025 Development, 8-inches and smaller Storm Drainage System Burnsco Construction, Inc. Development 6/30/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: BURNSCO CONSTRUCTION, INC. 6331 SOUTHWEST BLVD BENBROOK, TEXAS 76132 Albert Grantges BY: (Signa�e) TITLE: Vice President DATE: October 14, 2024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICAT[ON STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12—Prequalification Statement 2015 DAP.docx Form Version September 1, 2015 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 LSECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 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. 104232. 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 CONTRACTOR: 11 Burnsco Constriction. Inc By: Albert Grantges 12 Company (P ase Tint) 13 14 6331 Southwest Boulevard Sienature: 15 Address 16 17 Benbrook. TX 76132 Title: Vice President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 Albert Grantges , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of Burnsco construction, Inc. for the purposes and consideration 29 therein expressed and in the capacity therein stated. 30 'Yj^ 31 G Elj DER MY HAND AND �j EAL OF OFFICE this day of 32 �'2 20�2 334 3 35 ♦*"Y B CESILIA CANALES 36 z Notary ID 9131652996 - Notary Public in and for the State of Texas 37 r��P My Commission Expires E co fi July 24, 2026 38 - END OF SECTION 39 40 41 42 43 44 45 CITY OF FORT WORTH P.IL.WILL-1 PPLISE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 104232 Revised April 2, 2014 005243-1 Developer Awarded Project Agreement Page l of4 2 SECTION 00.52 43 3 AGREEMENT 4 THIS AGREEMENT, authorized on 10/17/2024 is made by and between the 5 Developer, (HMH Palmilla Springs Development, Inc.), authorized to do business in Texas 6 ("Developer"), and Burnsco Construction. Inc authorized to do business in Texas, acting 7 by and 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 I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Proiectidentified herein. B 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 6l'aler, .Sewer, Drainaze iv Palmilla Phase 7 17 CilvProiecl No. 104232 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 7.5 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 Div Hundred Forty Dollars ($240.00) for each day that expires after the time 36 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 37 Acceptance. CITY OF FORT WORTH P.4L.1/1LL.I PK ISE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT No. 104232 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of One Million. Four Hundred Twenty -Six Thousand. 41 Nine Hundred Twentv-Three Dollars & Zero Cents ($ 1.426.923.00). 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) 50 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 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 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 P:IL:IIILL.d PILZE7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PRO.IECT,No. 101232 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 ofd 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 nrovision is srnecifically intended to overate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in hart, by anv act, omission or uegligence 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 snecifically intended to overate and be effective even if it is alleged or 94 proven that all or some of the damages being souelrt were caused. in whole or in hart. 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 I 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 Docu rents. 108 7.4 Severability. 109 Any provision or part of the Contract Doc(unents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all I11 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 P.ILMILL:I PILI.Sf_ 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 7IT PRU.IF.('7A'v 10.1232 Revised June 16, 2016 111FA 118 119 120 121 122 123 124 125 126 127 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Burnsco Constr uclion, Inc By: f (Signature) Albert Grantges (Printed Name) Title: Vice President Company Name: gurnsco Construction, Inc. Address: 6331 Southwest Boulevard City/State/Zip: Benbrook, TX 76132 10/ 17/2024 Date Developer: HMH PALMIL SPR 'GS DEVELOP INC. i� By: gna �ture) 3/729Pt/ tkll.I, (Printed Name) Title: Company name: HN1H PALMILLA SPRINGS DEVELOPMENT, INC. Address: 1038 Texan Trail City/State/Zip: Grapevine/Texas/76051 10/ 17/2024 Date CITY OF FORT WORTH P.IL.VILL-1 PILISE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CIT1' PRGJEC'T No. 104232 Revised June 16, 2016 Bond #022240000 0062 13- 1 PERFORMANCE BOND Page I of 2 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, Burnsco Construction, Inc known as "Principal" herein and 8 Liberty Mutual Fire Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, HMH PALMILLA SPRINGS 1 I DEVELOPMENT. INC., authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sun] of, ONE MILLION, FOUR 13 HUNDRED TWENTY-SIX THOUSAND. NINE HUNDRED TWENTY-THREE DOLLARS &. 14 ZERO CENTS ($ 1,426,923.00), lawful n]oney of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a C0111111UIllty Facilities 20 Agreement, CFA Number CFA24-01 11 , and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 17th day of October , 20 24 , 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 Water, Sewer. Drainage Improvements to 26 Serve Palnlilla Phase 7 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 docun]ents 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 FOR"r wORTI-I /'AL.1///.1.,I 11/1,1.9. - STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C:71'1' 1'llll,lh.('T 1 u. /042.? Reviscd.lanuan, 31, 2012 006213-2 PERFORMANCE BOND Page 2 or2 I PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 17th day of 9 October , 2024 . 10 II 12 13 14 15 16 ATTEST: 17 18 19 (Principal) Secretary 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-C&9truction. Inc BY: Signj(ure f John Burns, President Name and Title Address: 6331 Southwest Blvd Benbrook.TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: Signature Sophinie Hunter, Attorney-In-F2.ct 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 WORTI I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 P11L.117LI.A PF AV. 7 C17')' PRO.IECT No. 104232 Bond #022240000 0062 14- 1 PAYMENT BOND Page I ol'2 I SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Burnsco Construction, Inc known as "Principal" herein, and 8 Liberty Mutual Fire 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, HMH ll PALMILLA SPRINGS DEVELOPMENT, INC., authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum Of ONE MILLION, FOUR HUNDRED TWENTY-SIX THOUSAND. NINE HUNDRED 14 TWENTY-THREE DOLLARS & ZERO CENTS ($ 1.426,923.00), lawful money of the United 15 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 16 truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our 17 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 18 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 CFA24-011 1; and 22 WHEREAS, Principal has entered into a certain written Contract with Developer, 23 awarded the 17th day of October , 20 24 , which Contract is hereby 24 referred to and made a 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 Wort as provided for in said Contract and designated as Water. Sewer, Drainage Improvements 27 to Serve Palmilla Phase 7. 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH P:11..I11/.L.I PH f.W." sTANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C/T11,10.11:Cl.\u. 104';' Revised January 31, 2012 006214-2 PAYMENT BOND Page 2 ot'2 I 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 17th clay of 6 October , 20 24 . 7 s 9 10 11 12 13 14 ATTEST: ) --I- (Principe I) Secretary Witness as to Principal ATTEST: Isnc1. >71 � (Surety) Secretary Witness as to Surety PRINCIPAL: Burnsco Construction. Inc t 1 } BY: Signature (1 I John Burrs, President Name and Title Address: 6331 Southwest Blvd Benbrook. TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: 2tfre� "u. 4&nt i)Sig 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 Suety, there must be on file a certified extract from tile 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. Tile date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF PORT WORTH /' 1011LIA !'I US1. 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PRO.IECTs (a%T PROJI-X-7'No. 104232 Revised January 31, 2012 Bond #022240000 006219-I MAINTENANCE BOND Page I or'3 I 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 Bul•r]SCO Construction. Inc _ known as "Principal" herein and 8 Liberty Mutual Fire 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, I-IMH PALMILLA SPRINGS I I DEVELOPMENT. INC., authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the sum of ONE MILLION. FOUR 13 HUNDRED TWENTY-SIX THOUSAND. NINE HUNDRED TWENTY-THREE DOLLARS & 14 ZERO CENTS ($ 1.426,923.00), 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, OUI• 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, CPA Number CFA24-01 11 : and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 17th day of October , 20 24 , 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 "Wort.") as provided for in said Contract and designated as Water. Sewer. Drainage 28 Improvements to Serve Palmilla Phase 7; 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 P.I1 111.1-1 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Cl'f)I'1?Q1hCI'A'o. 104231 Revised .lanuary 31, 2012 006219-2 MAINTENANCE BOND Page 2 ol'3 I WHEREAS, Principal binds itself to repair or reconstruct the Work in Whole or in part 2 Upon receiving notice from the Developer and/or City of the need thereof at any time within tile 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 I noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 13 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OP FORTWORTH 1 Air..i/u.l..) P/LIM STANDARD CTIY CONDITIONS — DEVELOPER AWAIZD1=D PROJECTS Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 ol'3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 17th day Of 3 October , 2024 . 4 6 7 s 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 11 ATTBS (Principal Secretary Witness as to Principal PRINCIME: ) Burnsco Constriction. [nc BY: �� k SignAlture John Burns, President Name and Title Address: 6331 Southwest Blvd Benbrook. TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY:Sig iature Sophinie Hunter, Attorney-In-tea;;t ATTEST: Name and Title 41r�_ �� lc,iLJ(i �_ Address: 2200 Renaissance Blvd., Suite 400 ( urety) Secret King of Prussia, PA 19406 Witness as to Surety Telephone Number: 214-989-0000 '"Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH PA1.:1.11L! I PHASE 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED 111,0JI CfS C'17T 1'R0..1L'Cl'A'n. 104232 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 Fire Insurance Company MUtudlz Wausau, Wisconsin Certificate No: 8205468-012020 10�SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Liberty Mutual Fire Insurance Company, being a Wisconsin Corporation having its principal office in the City of Wausau, State of Wisconsin does hereby make, constitute and appoint Don E. Cornell: Joshua Sam,dCm Kelly A. "Iestbrook; Mikaela Peppers: Ricardo .I. Reyna: Robbi Morales: Sophinic Bunter; Tina McEwan; Tonic Petranck all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in their/its name, place and stead, to sign, execute, acknowledge and deliver in their/its behalf, and as theirfils act and deed, without power of redelegation, as follows: Bonds, undertakings, recognizances, contracts of indemnity, and all other surety obligations, as required, unlimited as to Dollar amount and to bind the Company(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Company(ies), and all the acts of said attorney(s), pursuant to the authority herein given, are hereby ratified and confirmed. AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Appointment of Attorneys -in -Fact by Liberty Mutual Fire Insurance Company are made pursuant to Article V, Section 10 of Liberty Mutual Fire Insurance Company's By -Laws, as amended and by Unanimous Consent of the Board of Directors dated May 21st, 2013. Further, the President of Liberty Mutual Fire Insurance Company, executed a Delegation of Authority and authorized the assistant secretary signing below to appoint attorneys -in -fact as may be necessary to act on behalf of Liberty Mutual Fire Insurance Company to make m execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances, and other surely obligations. cc: IN WITNESS WHEREOF, Liberty Mutual Fire Insurance Company has caused these presents to be signed by its authorized representatives, and its Corporate Seal to be hereto affixed, c6 this 23rd day of April 2021 m 1 Liberty Mutual Fire Insurance Company U N FIRE INSG 11 0CU > 19 N By: = a) rdd 'sco0s"yam y . • David M. Carey, Assistant Secretary � 0 ai 0 0 ' l4-t� 2Q.6.`fy) aqu 0 ro Attest: Heather B. Magee m0 CD ` at a5 Stale of PENNSYLVANIA o .� County of MONTGOMERY ss E The foregoing instrument was acknowledged before me this 23rd day of April 2021 by David M. Carey, an authorized representative of Liberty Mutual Fire Insurance Insurance Company. 0 >, — U %'I-^'""'" �a>\ Commonwealth of Pennslvania - Nola Seal �— / a; r Teresa Pastella, Notary Public Z U 1<; // t Montgomery County ^ - ' i "` J My commission expires March 28, 2025 By: Y/1.G� -i Commission number 1126044 Teresa Pastella, Notary Public Member, Pennsylvania Association of Notaries CERTIFICATE I, the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attomeys-in-fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated May 21, 2013. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vole of the Board of Directors dated June 28, 2006 wherein it was VOTED that the signatures of such officers and the seal of the Company maybe affixed to any such power of attorney or to any ce. oficate relating thereto oy facsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company wizen so affixed and in the future with respect to any surely undertakings, bonds, recognizances and other surety obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, affixed, this day of Q1aE INS(' By. 1908° o Renee C. Llewellyn, Assistant Secretary rd hsCoN`+x� L` 9ar2 * dad �E � U :3 a-� C E O >, (6 N U > Q=) a0 c r0 00� Q `0 oCD NJ - a) CV O CV a- co o`o Co Co — a m C U CU O T LL Q LMS-22023 03121 ,1 _JiL r 1413 vie. ti ��A ��.r a111 .: ._._.._.......-----....... 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 111SUrance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 YOU may write the Texas Department of Insurance Consumer Protection (1 1 1-1 A) P. 0. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: litto://www.td i.texas. aov E-mail: COIISLunerProtection(�).tdi.texas.aov 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 companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (I I I -I A) P. 0. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: httn:Hwww.tdi.texas. aov E-mail: ConsumerProtectionRmtdi.texas.aov DISPUTAS SOBRE PRIMAS 0 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 dOeUmento adjunto. �® SECTION B PAVING CONTRACT FORMS 004243 DAP-RIDPROPOSAL Peg. I of I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project from Information Bidder's Proposal IBidlisl Item I Description Specification Section No. I Unit of I Bid Unit Price I Bid Value No. Measure Quantity UNIT IV: PA ING IMPROVEMENTS 1 11.0400 Hydrated Lime 32 1 129 TON 192 $305.00 $58,560.001 2 11.0501 6" Lime Treatment (3016/SY) E13.0301 32 I 1 29 �32 SY I2,831 $3.85 $49,399.351 1 3 13.0101 6" Conc Pvmt 13 13 SY 12,229 $50.75 S620,62L751 4 4" Canc Sidewalk 132 1320 SF 4,695 S7.35 $34,508.251 1 5 13213.0506 Barrier Free Ramp, Type P-1 132 1320 EA 6 $1,875.00 $11,250.001 1 6 13305.0107 Manhole Adjustment, Minor 133 05 14 1 EA 1 20 1 $500.001 $10,000.001 1 7 19999.0005 Connect to Existing & Removal of Barriers 00 00 00 1 LS 1 2 1 S1,500.001 $3,000.001 1 8 19999,0006 Pavement Markings/ Signage 1000000 1 LS I t 1 S1,500.001 $1,500.001 I TOTAL UNIT IV: PAVING IMPROVEMENTSI $788 839.351 Bid Summary I UNIT IV: PAVING IMPROVEMENTS $788,839.35I 1 Total Construction Bidl $788,839.35 Contractor agrees to complete WORK for FINAL ACCEPTANCE within 40 working days after the date when the CONTRACT commences to run as provided In the General Conditions. END OF SECTION Leia McQuien GILCO CONTRACTING, INC. 6331 SOUTHWEST BLVD air` BENBROOK, TEXAS 76132 IIII,F Vice Pres`f8e'nt, Operations I).\ 1 I 10-10-2024 CfrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS Form Version S,T—ber1,201S 00424] Did FWoud DAP - Gil —is IJO ; 12 DAP PREQUALIFIC-ATION STATESIENT Page i of I SECTION 00 45 12 DAP — PRE QUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvpe" box provide the complete maior work tune and actual description as provided by the Water. Department for water and sewer and TPW for navine. Major Work Type I Contractor/Subcontractor Company Name Prequalification Expiration Date C'oneretePakilna I Gilco Contracting, Inc Cons tniction/ 'ReconstructiOil The undersigned hereby certifies that the contractors and/or subcontractors described in the. table above are currently prequalified for the work types listed. BIDDER: GILCO CONTRACTING, INC. 6331 SOUTHWEST BLVD BENBROOK, TEXAS 76132 Emma Mayers BY: f (Signature) f TITLE: �11� y No��' J �Y DATE: T j) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUAUFICATIONSTATEMENT— DEVELOPERAWARDEDPROJECTS 00 45 12PrequalificationStatement2015_DAP.docx Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page i or i I LSECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 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 6 Project No. 104232. 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 CONTRACTOR: I 1 Gilco Contracting_. Inc By: 12 Company j (Please Print) 13 14 6331 Southwest Boulevard Signature: 15 Address V 16 ) y ` 17 Benbrook. TX 76132 Title:(.i`(v.Y I ,'1.) `/T) 18 City/State/Zip ' (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 JETORE ME, the undersigned authority, on this day personally appeared 26 i.1 of r('1( J'li,i C lh , known to me to be the person whose name is 27 subscribed io the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of M\,1 i' t l`' "i'`I' . i Y[.1; :�1Y� -A . 10C . for the purposes and consideration 29 therein expressed and in the capacity therein slated. 30 31 �UNDER MY HAND AND SEAL OF OFFICE this I't day of 32 l �lit `. 20{ 33 34 F' , 35 36 Notary Public in and For the State of Texas 37 38 END OF SECTION 39 40 41 42 43 44 45 CITY OF FORT WORTH P-1LVIL111 Ph-1SF..' 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C77T PROJECT N(j. 104232 Revised April 2, 2014 00 52 43 - 1 Developer Awarded Prgicct Agreement Page I of4 SECTION 00 52 43 3 AGREEMENT 4 THIS AGREEMENT, authorized on 10/17/2024 is made by and between the 5 Developer, (HMH PALMILLA SPRINGS DEVELOPMENT, INC.), authorized to do business in 6 Texas ("Developer"), and GILCO CONTRACTING. INC authorized to do business in 7 Texas, acting by and 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 Pavinz Ininrovements to Palmilla Phase 7 17 01vProiect No. 104232 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 40 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 Forty Dollars (S240.00) 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 RdLM111:1 IIIIASF. 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITYPRO.A.1"T.Vo. 104232 Revised June 16. 2016 00 52 43 - 2 Developer Awarded Project Agreement Pane 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 Seven Hundred Eiehty-Eircht Thousand. ElRht Hundred 41 Thirty -Nine Dollars & Thirtv-Five Cents ($788.839.35). 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) 50 2) Prequalification Statement 5-1 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 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 errY OF FORT WORTH P:ILt11LL•1 PHASE. 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVE•LOPER AWARDED PROJEC"rs 0TYPROJECT.Vo. 104232 Revised June 16. 2016 005243-3 Developer Awarded Project Agreement Pace 3 of -I 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 specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused. in whole or in part, by any act. omission or neeligence 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 specifically intended to operate 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 any 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 Assigvment of Contract. 102 This AJreement, 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, a;reernents 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 P.401ILIA PIL1SF_ 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS (7T)'PR0./F.C'7'Nu. 104232 Revised June 16, 20l6 005243-4 Developer Awarded Project Agreement Pate •1 ol'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: Gileo Contracting, Inc. \�j (Signature) \ I (Printed Name) Title: Company Name1"");1t: Address: 6331 Southwest Boulevard City/State/Zip: Benbrook, TX 76132 10/ 17/2024 Date Developer: HMH PALMILLA SPRINGS DEVELOPMENT, INC. BY: -- `J gnaturc) e �� 1gikkj1 �7r (Printed Name) Title: Company name: HMH PALMILLA SPRINGS DEVELOPiiMENT, INC. Address: 10381 cyan Ti-ail City/State/Zip: GrapcW nelTexa.s176051 10/17/2024 Datc CITY OF FORT NORTH AILMILL-1 P1LdSE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS C'17'FPROJECT Na. 104232 Revised June 16.20 t6 Bond #022240003 00h213•I PERFORMANCE BOND Pace I ui 2 I SECTION 00 62 13 '- PERFORMANCE BOND 3 4 THE STATE OF TEXAS § i § KNOW ALL BY THESE PRESENTS: F COUNTY OF TARRANT § 7 That we, Gilco Contractine. Inc. , known as "Principal" hercin and S Liberty Mutual Fire insurance Company a corporate surcty(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer, HMH PALMILLA SPRINGS I I DEVELOPMENT. INC., authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of SEVEN HUNDRED 13 EIGHTY-EIGHT THOUSAND. EiGHT HUNDRED THIRTY-NINE DOLLARS & THIRTY- 14 FIVE CENTS ($788.839.35), lawful money of the United States, to be paid in Fort Worth, I Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators. 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA24-011 I; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 17th day of_ October 20 24, 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 Pavintt Irnnrovements to Serve Palmilla 26 Phase 7 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 WORT'I1 !':J4.11/LL:! 014SIi 7 s,rANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS !'!!'J rltrr.lLr'T \n. 04232 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 o!•2 I 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 ofthe 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 % this instrument by duly authorized agents and officers on this the 17th day of 9 October . 20 24 . 10 IZ 13 14 15 16 A'r'rL••S"r:- 17 IS 19 (Principal) Se e 20 21 11 23 24 r �I 25 Witness as to Principal -- - 26 27 28 29 30 31 32 33 34 35 3639 . r. 37 40 Witness as to Surety T" 41 42 PRINCIPAL: Gilco Contractive. Inc. BY: ignature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd _ Benbrook. TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: CeC:n u 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 ofthe 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 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJt:cTs Revised January 31, 2012 Cff? PROJI.Cl \'n. 104732 Bond #022240003 uu 62 1 a -1 PAYMENTBONn Page 1 or2 I SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL KY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Gilco Contracting. Inc. known as "Principal" herein, and 8 Liberty Mutual Fire 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, 14MI-I 11 PALMILLA SPRINGS DEVELOPMENT. INC.,, authorized to do business in Texas 12 "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 Sulu of SEVEN HUNDRED EIGHTY-EIGHT THOUSAND. EIGHT HUNDRED THIRTY- 14 NINE DOLLARS & THIRTY-FIVE CENTS. ($788.839.35), lawful money of the United States, 15 to be paid in Fort Worth. Tarrant County, Texas, for the payment of which sum well and truly be 16 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs. 17 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 CFA24-01 1 1; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 17th day of _ October , 20 24 , 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 Paving Improvements to Serve Palmilla 26 Phase 7. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and ail) 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 WORT11 1' IL1 rll..LA 1111.4.44. - STANDARD CITY CON'DH IONS — DEVELOPER AWARDED PROJECTS CITY' PROJI:*Cl 10. 1042,2 Rvvised January 31, 20 12 QU G2 14 - PAYMINT BOND Page 2 of2 I 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 it] 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED S this instrument by duly authorized agents and officers on this the 17th day of 6 October 20 24 7 8 9 10 II 12 13 ;ATTEST: (Principal) Se et y AVitness as to Principal ATTEST: (Surety) Secretary Witness as to Surety PRINCIPAL: Gilco Contractine. Inc. BY: Si_ attire Lela McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd Benbrook. TX 76132 SURETY: Liberty Mutual Fire Insurance Company BY: ��L ?- -3- '144� _ Signatt re Sophinie Hunter, Attorney -In -Fa. t 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, there mast be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. 14 END OF SECTION CITY OF PORT WORTII s'rANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 i;uartt.c.� rtt:rsr: Bond #022240003 0062 19- 1 MAINTENANCE BOND Page I of 3 I 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 Gilco Contracting, Inc. — known as `Principal" herein and 8 Liberty Mutual Fire 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, I-IMH PALMILLA SPRINGS I 1 DEVELOPMENT. INC., authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the sum of SEVEN HUNDRED EIGHTY- 13 EIGHT "THOUSAND. EIGHT HUNDRED THIRTY-NINE DOLLARS & THIRTY-FIVE 14 CENTS ($788,839.35), lawful money of the United States, to be paid in Fort Worth. Tarrant 15 County, "Texas, for payment of which SLIM well and truly be made jointly unto the Developer and 16 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA24-01 I I : and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 17th day of October 20 24 , 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 Paving Improvements to Serve 28 Palmilla Phase 7; 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 A10111.La PIL-I.41s 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS C11 S' PRn.1E1 1 ,v ,, 10.1232 Revised January 31, 2012 006219-2 MAINTENANCE BOND Pace 2 ol'3 I WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period, 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any detective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to S remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely I 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 "Tarrant County, Texas or the United States District Court for the Northern District of "Texas. Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTIt 1'.IL,111t.1..111/1`61. - STANDARD CITY CONDITIONS — DEVELOPE;R AWARDED PROJECTS CI1'} 1'RO//.C1 1'n 104232 Revised January 31, 2012 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.1 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0062 19 - 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 17th day of October ,2024 . ATTEST: (Principal) S re Witness as to Principal f� ATTEST: Surety) Secre� ai Witness as to Surety ' PRINCIPAL: Gilco CO Ltactinc, Inc. BY: 1g ature Leia McQuien, Vice President, Operations Name and Title Address: 6331 Southwest Blvd _ Benbrooh. TX 76132 SURETY: Liberty Mutual Fire Insurance Company U1��'LGiI Gc1 ✓1 _ Signature Sophinie Hunter, Attorney-ir:-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 WORTI I STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 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 Fire Insurance Company Certificate No: 8205468-022020 10�mutua,[ Wausau, Wisconsin SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Liberty Mutual Fire insurance Company, being a Wisconsin Corporation having its principal office in the City of Wausau, State of Wisconsin does hereby make, constitute and appoint Don E. Cornell; Joshua Saunders; Kelly A. Westbrook; N1ikocla Peppers; Ricardo J. Reyna; Robbi Morales; Suphinie I tuner: Tina Mcf:uadn; Tonic Petranck all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in theirfits name, place and stead• to sign, execute, acknowledge and deliver in their/its behalf, and as their/its act and deed, without power of redelegation, as follows: Bonds, undertakings, recognizances, contracts of indemnity, and all other surety obligations, as required, unlimited as to Dollar amount and to bind the Company(ies) making this appointment thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Company(ies), and all the acts of said attomey(s), pursuant to the authority herein given, are hereby ratified and confirmed. r AUTHORITY FOR MAKING APPOINTMENT OF ATTORNEYS -IN -FACT Appointment of Attorneys -in -Fact by Liberty Mutual Fire Insurance Company are made pursuant to Article V, Section 10 of Liberty Mutual Fire Insurance Company's By -Laws, as amended and by Unanimous Consent of the Board of Directors dated May 21st, 2013. Further, the President of Liberty Mutual Fire Insurance Company, executed a Delegation of Authority and authorized the assistant secretary signing below to appoint attorneys -in -fact as may be necessary to act on behalf of Liberty Mutual Fire Insurance Company to make �; E dexecute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances, and other surety obligations. �' C IN WITNESS WHEREOF, Liberty Mutual Fire Insurance Company has caused these presents to be signed by its authorized representatives, and its Corporate Seal to be hereto affixed, 6 -%�'Ithis 23rd day of April 2021 i7 M m Liberty Mutual Fire Insurance Company o � �. FARE INS& ) / 4V-- •` _ O _ i > P 0pP0gq y > �m m �. f/�/ > .N 41, arco David M. Carey, Assistant Secretary a_O Co ax m tool EE o IV (P -6' `M'""i7 `" _ Q to ti `. Attest: Heather B. Magee o o 0 my N y a`5 State of PENNSYLVANIA � `y N °p orn c County of MONTGOMERY ss CINI d M =� The foregoing instrument was acknowledged before me this 23rd day of April 2021 by David M. Carey, an authorized representative of Liberty Mutual Fire Insurance co o Insurance Company. m sac m cv > N Commonwealth oil PennsyNanra - Nalary Seal Teresa Pastel!a. Notary PubAc �� O N 0 Z C)Mcntgomery0ounty 7L My cammissmn expires Mu,,ch 28, 2025 By;ty N q•, Commission numoer 1126044 - - - _-- ' t.'.ember.PennsonnnaAssociationofNotanes Teresa Pastella, Notary Public CERTIFICATE I, the undersigned, an Assistant Secretary of Liberty Mutual Fire Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the Board of Directors to appoint attorneys -in -fact as provided in the Unanimous Consent and Vote of the Board of Directors of Liberty Mutual Fire Insurance Company dated May 21, 2013, This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the Board of Directors of Liberty Mutual Fire Insurance Company evidenced by the Unanimous Consent and Vote of the Board of Directors dated June 28, 2006 wherein it was VOTED that the signatures of such officers and the seal of the Company maybe affixed to any such power of attorney or to any certificate relating tnereto by iacsimile, and any such power of attorney or certificate bearing such facsimile signature and facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any surety undertakings, bonds, recognizances and other surety obligations to which it is attached. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, affixed, this day of INO INs4 r ma n � `1908 m o By: Renee C. Llewellyn, Assistant Secretary ids �scoe+s`+aba` LMS-22023 03121 Liberty Mutual.. 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 I9406-2755 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 (1 11- I A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.Tov E-mail: Con sunerProtection atdi.texas.aov 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 Ilamar 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 -IA) P. O. Box 149091 Austin, TX 78714-9091 FAX 4 (512) 490-1007 Web: litti)://www.tdi.texas.iov E-mail: Con sumerProtectionntdi.texas.aov 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 condition del documento adjunto. AC`� ® DATE (MMIDD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE I 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Frost Insurance -Fort Worth NAME: Amber Aguirrebena 640 Taylor Street, Suite 1000 I (a/MoNo. Eztl. 817-420-5700 I FAX No): 817 420-5750 E.Fort Worth TX 76102 I ADDRESS: ambera@frostinsurance.com INSURER(S) AFFORDING COVERAGE I NAIC # License#: 7298 INSURERA: Continental Insurance Company 35289 INSURED GILCCON-01I INSURERB: National Fire Insurance Company of Hartford 20478 Gilco Contracting, Inc. 6331 Southwest Blvd. I INSURER C : Great American Insurance Group I 16691 Fort Worth TX 76132 I INSURER D : Valley Forge Insurance Company 20508 INSURERE: Federal Insurance Company 20281 INSURER F : I COVERAGES CERTIFICATE NUMBER:292302587 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER LTR iNS_O WVn POLICY EFF POLICY EXP LIMITS POLICYNUMBER (MM/DD/YYYYI (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY 7091972038 6/20/2024 6/20/2025 1 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS -MADE � OCCUR I PREMISES (Ea occurrence) $ 500,000 X X,C,U Incl. MED EXP (Any one person) $ 15,000 X Contract Lia Inc PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGA1 $2,000,000 POLICY � jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 7091972010 6/20/2024 6/20/2025 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X 1 ANY AUTO I BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY $ AUTOS ONLY AUTOS (Per accident) X HIRED X NON -OWNED I PROPERTYDAMAGE I $ AUTOS ONLY AUTOS ONLY (Per accident) Is C X UMBRELLA LIAB OCCUR TUUF20492700 6/20/2024 6/20/2025 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS -MADE I AGGREGATE $ 10,000,000 I X I DED RETENTION$n $ D WORKERS COMPENSATION WC791972041 6/20l2024 6/20I2025 IX I PERSTATUTE I I EORH AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE I OFFICE R/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000.000 E Inland Marine 6716403 6/20/2024 6/20/2025 Leased/Rented Equip. 700,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Palmilla Springs Phase 7 Where required by written contract and subject to policy terms and conditions, City of Fort Worth, its officers, employees, and servants are included as Additional Insured for General Liability and Automobile Liability as required by written contract. Insurance is on a primary and non-contributory basis. Waiver of Subrogation in favor of same with respects to the workers' compensation coverage. XCU is not excluded under this policy. General Liability coverage applies on a per project basis. 30 day Notice of Cancellation is provided to certificate holders. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth TX 76102 AUTHORIZED USA i @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AC40 " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) I 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Frost Insurance -Fort Worth NAME: Amber Aquirrebena ItH 640 Taylor Street, Suite 1000(MIN . Extl: 817-420-5700 I A/C No): 817-420 5750 Fort Worth TX 76102 I ADDRESS: ambera(a,)frostinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # License#: 72981 INSURER A: Continental Insurance Company 35289 INSURED GILCCON-01I INSURERB: National Fire Insurance Company Of Hartford 20478 Gilco Contracting, Inc. 6331 Southwest Blvd. I INSURER C : Great American Insurance Group 1 16691 Fort Worth TX 76132 I INSURERD: Valley Forqe Insurance Company 1 20508 INSURERE: Federal Insurance Company I 20281 INSURER F : COVERAGES CERTIFICATE NUMBER:478187604 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER (MM/DD/YYYYI (MMIDD/YYYYI I LIMITS A X COMMERCIAL GENERAL LIABILITY 7091972038 6/20/2024 6/20/2025 1 EACH OCCURRENCE $ 1 000 000 DAMAGETO CLAIMS -MADE � OCCUR S(RENTED PREMISES (Ea occurrence) $ 500,000 X X,C,U Incl. MED EXP (Any one person) $ 15,000 X Contract Lia Inc PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ] JECOT- I POLICY LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 7091972010 6/20/2024 6/20/2025 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS I BODILY INJURY (Per accident) I $ X HIRED X NON -OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) I$ c X UMBRELLA H OCCUR TUUF20492700 6/20/2024 6/20/2025 EACH OCCURRENCE $ 10,000.000 EXCESS LAB MADE AGGREGATE $ 10,000,000 I X I DIED RETENTION $ n $ D WORKERS COMPENSATION WC791972041 6/20/2024 6/20/2025 X I PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE I E.L. EACH 1,000,000 O FFICER/MEMBER EXCLUDED? ❑ N/A ACCIDENT $ (Mandatory in NH) E.L. DISEASE- EA EMPLOYEEI $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 E Inland Marine 6716403 6/20/2024 6/20/2025 Leased/Rented Equip. 700,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: PALMILLA SPRINGS PH 7 The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when required by contract. The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature when required by contract. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HMH PALMILLA SPRINGS DEVELOPMENT, INC ACCORDANCE WITH THE POLICY PROVISIONS. 1038 Texan Trail Grapevine TX 76051 AUTHORIZED USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACO ® DATE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Amber Aqulrrebena Frost Insurance - Fort Worth PHONE FAX 640 Taylor Street, Suite 1000 (AIC. No. Ext): 817-420-5700 (AIC. No): 817 420-5750 Fort Worth TX 76102 ADDRESS: ambera(@frostinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # License#: 7298 INSURERA: Continental Insurance Company 35289 INSURED GILCCON-01 INSURER B : National Fire Insurance Company of Hartford 20478 Gilco Contracting, Inc. 6331 Southwest Blvd. I INSURER C : Great American Insurance Group 16691 Fort Worth TX 76132 I INSURERD: Valley Forqe Insurance Company 20508 INSURERE: Federal Insurance Company 20281 I INSURER F : COVERAGES CERTIFICATE NUMBER:478187604 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ADDL'SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICYNUMBER (MM/DD/YYYYI (MM/DD/YYYYI I LIMITS A X COMMERCIAL GENERAL LIABILITY 7091972038 6/20/2024 6/20/2025 1 EACH OCCURRENCE I $ 1 000 000 � DAMAGETO CLAIMS -MADE OCCUR S(RENTED PREMISES (Ea occurrence) $ 500,000 X X,C,U Incl. MED EXP (Any one person) $ 15,000 X Contract Lia Inc PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Z PRO- I POLICY JECT LOC PRODUCTS - COMP/OP AGG $ 2.000,000 OTHER: $ B AUTOMOBILE LIABILITY 7091972010 6/20/2024 6/20/2025 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY AUTOS ONLY AUTOS I (Per accident) $ X HIRED X NON -OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) C X UMBRELLA LIAB OCCUR TUUF20492700 6/20/2024 6/20/2025 EACH OCCURRENCE $ 10,000,000 —I{ EXCESS LIAB CLAIMS -MADE N AGGREGATE $ 10,000,000 DED I X I RETENTION $ n $ D WORKERS COMPENSATION WC791972041 6/20/2024 6/20/2025 X I PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. 1,000,000 OFFICER/MEMB ER EXCLUDED? ❑ N/A (Mandatory In NH) EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Inland Marine 6716403 6/20/2024 6/20/2025 I Leased/Rented Equip. 700,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: PALMILLA SPRINGS PH 7 The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when required by contract. The General Liability, Auto Liability and Workers Compensation policy includes a blanket automatic waiver of subrogation endorsement that provides this feature when required by contract. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HMH PALMILLA SPRINGS DEVELOPMENT, INC ACCORDANCE WITH THE POLICY PROVISIONS. 1038 Texan Trail Grapevine TX 76051 AUTHORIZED USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SECTION C STREET LIGHT CONTRACT FORMS 0 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Itau Tnt"nualiau I Bidder, lhop".1 Bid6a huu De,c d I Lllut of Bid�o. y� Itt S peci0calirn4Sation Nn I Qumurvloe Aien,ure II Unu Price I Hid\'a UNIT Vr STRUL J=J&G IMPROVFM�,NT• I I I 2605,3015 2" CONDT PVC SCH 80 (T) 260533 LF I 345 525.41) 58.766A51 I 2 3441.3002 Rdwy Ilium Assembly TY I I 34 41 20 EA 13 53.082. S55A76.001 1 3 1 3441,3301 R(hq/� 1-44120 EA I I3 52.393. S43.110.001 1 4 �I�lhtmFoundationTY 19999.0005 #10.1 HW 100 00 00 LF 1 1.035 S2.271 $2,349A51 I TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS S109,701.901 Bid Summon• f I UNIT V: STREET LIGHTING IMPROVEMENTS S109.701.90j Total C'uneln ,tiuu BIdI $109,701.90j Coulrnttar ngrr to emnPlele WORK Tor FINAL ACCEPTANCEMThlu � ".0,1ng dal, :un•r Ihr datr aimu The CONTRACT cammturts to run as pruvlded In the Geuernl Coudillons. END OF SECIFIOY INDEPENDENT UTILITY CONSTRUCTION, INC. 5109 SUN VALLEY DRIVE FORT WORTH, TEXAS 76119 MYOFFORTVIORTH STANDARD -DEVELOPER AWARDED PRO/ECTS Taw Vuvm, ScpeuUa 1..Oit Richard Wolfe BY: Richard Wolfe --, (siglutu — --— TITLL•': President DATE: W J14, DAP-BRf PROPO P.", 1ofI 09 424! BidP pxAl DAP-bJq-&.. s IN/45 12 DAP PREQ AL1rICATION STATEMENT Pate I of I SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvoe" box Drovide the complete maior work tune and actual description as provided by the Water Department for water and sewer and TPW for tmvina. Major Work Type I Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian I Independent Utility Construction, Inc. 02/27/2025 Lightilill 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, TEXAS 76119 Richard Wolfe BY: ife C�1.1 -�t 1 (Signature) TITLE: President DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT— DEVELOPER AWARDED PROIECTS 00 45 12_Prequalification Statement 2015_DAP- Independent.docx Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 LSECTION 00 45 26 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. 104232. 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. 10 11 12 13 14 15 I6 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 Utilitv Construction. Inc By: Richard Wolfe Company /�('Please Print) 5109 Sun Vallev Drive Signature: Address Fort Worth. TX 76119 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT § 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 Utility Construction. Inc. for the purposes and consideration therein expressed and in the capacity therein stated. ` 1 ry,V, h( UNDER -MY HAND AN CS�AL OF OFFICE t is I day of 2 01 l ;�Fi t?is-n rlN r,Anc�lA � µ; F. I•Ictc;;y Put;lic, State of Texas co;,,.». Expires 1 z-zn zoz4 Notary Public in and for the State of Texas Notary ID 130940785 END OF SECTION CITY OF FORT WORTH P.ILNLILL4 PIL4SE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CI7YPROJECZNo. 104232 Revised April 2, 2014 00 3243- 1 Developer Awarded Project Agreement Page 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 10/17/2024 is made by and between the Developer, (HMH PALMILLA SPRINGS DEVELOPMENT, INC.), authorized to do business in Texas ("Developer"), and Indeoendent Utilitv Construction. Inc. authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 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. 11 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 Street Lie& Improvements to Palmilla Phase 7 17 City Project No. 104232 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 25 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 P.-1LMlLL1 PK4S6' 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C=PROJECT'No. 104232 Revised June 16, 2016 005243,-2 Developer .Awarded Project Agreement Page ; of4 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 One Hundred and Nine Thousand. Seven Hundred 41 and One Dollars & Ninety Cents ($109.701.90). 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) 50 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 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 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 P.4Lb1ILL4 PIL4SE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITYPXOJECT,yo. 104232 Revised June 16, 2016 00524'-. Developer Awarded Project Ag eement Pa4e 3 ot'4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hotel 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 svecifically intended to onerate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in Dart, 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 Iegal 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 svccifically intended to overate and be effective even if it is alleged or 94 vroven that all or some of the damages being sought were caused, in whole or in Dart. 95 by anv act, omission or ne,ligence 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 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 1.IL ILL.4 PtLSE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C'177' PROJE(7 jvo. 104232 Revised June 16, 2016 117 118 7.6 Authority to Sign. 119 120 121 122 12; 124 125 126 127 00524?-4 Developer Awarded Pmiect 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: Independent Utility Construction, Inc By: (SignatLlre) Richard Wolfe (Printed Name) Title: president Company Name: Independent Utility Construction, Inc. Address: 5109 Sun Valley Drive City/State/Zip: Fort Worth, TX 76119 Bate v IiIit(�1�� o z =W�"SEAL�;a= Developer: HMH PALMILLA SPRINGS DEVELOPl_.! INC. -01 Si ure f�Ok �i�� 1lr (Printed Name) Title: Company name: HMH PALNIILLA SPRINGS DEVELOPMENT, INC. Address: 1038 Texan Trail City/State/Zip: Grapevine/Texas/76051 10/ 17/2024 Date CITY OF FORT WORTH PALMILL4 PtLdSE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS C=PROJECT No. 104232 Revised June 16, 2016 006113-1 PUA ORiNIANCE BON) Page I of 2 Bond No. 440622C. 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, lndet)enclent Utility Construction, Inc. , known as "Principal" herein and 8 Westfield Insurance Companv , 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, FIMFI Palmilla Springs Develonment, Inc., I I authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal 12 corporation ("City"), in the penal stun of, One Hundred Nine Thousand, Seven Hundred One 13 Dollars & Ninety Cents (S 109,701.90) lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which stun 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 24-01 1 1 ; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer 21 awarded the 17thday of October , 2024, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 23 labor and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Street Liaht Improvements to Palmilla Phase 25 7. 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 fill force and effect. 32 CITY OF FORT WORTiI Palmilla Phase 7 STANDARD CiTY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 104232 Revised January 31, 2012 006113-2 PERFORMANCE BOND Page 2 o1`2 Bond No. 440622C 2 PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in 3 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 4 Worth Division. 5 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 6 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 7 accordance with the provisions of said statue. 8 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 9 instrument by duly authorized agents and officers on this the 17th day of October 2024. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A14::x i (P ncipal) Secretary ward Wolfe it ss as to Principal Christina Garcia `4,.e_a_.&y Witnes as to Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTP,60TION. INC. BY: �L�� Signature Richard Wolfe. President Name and Title Address: 5109 Sun Vallev Drive Fort Worth. Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: A ��GL re / Kvle W. Sweenev. Attornev-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 January 31, 2012 Palmilla Phase 7 City Project No. 104232 0061 14- 1 PAY'AF-Xf 110N1) Page I of 2 Bond No. 440622C I SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, 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 "SuI•ety" herein (whether one t0 or more), are held and Firmly bound unto the Developer HVIH Palmilla Springs Development, l I Inc., authorized to do business in Texas ("Developer"), and the City of Fort Worth, a Texas 12 municipal corporation ("City"), in the penal sum of One Hundred Nine Thousand. Seven. 13 Hundred One Dollars & Ninety Cents ($109,701.90) lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made 15 jointly unto the Developer and City as dual obligees, we bind ourselves, our heirs, executors, 16 administrators, 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 24-01 1 1 ; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 2l awarded the 17th day of October 2024, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to fiu•nish 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 Lieht Improvements to Palmilla Phase 7. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is sticl) 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 mill and void; otherwise to remain in full 29 force and effect. 30 CITY OF FORT WORTH Palmilla Phase 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 104232 Revised January 31.2012 2 3 4 5 6 7 8 9 10 11 12 13 0061 I1-2 PAYNIEN r BOINT) Page 2 ul 2 Bond No. 440622C 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 determinecl in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the l7thday of October 2024 ATTE V C:� (Principal) Secretary RiclTrd 1 olfe i mess as to Principal Christina Garcia ATTEST: (Surety) Secretary Frank A. Carrino Witness as to Surety Elizabeth Gray PRINCIPAL: INDEPENDENTUTILITY CONSTRUCTION. INC. BY: ►G�G �?' Signature Richard Wolfe, President Name and "Title Address: 5109 Sun Vallev Drive Fort Worth. "Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY afore 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, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTFI STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Palmilla Phase 7 City Project No. 104232 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § 0062 19 - 1 MAIN FkNANCI I30\1) I'•iee I or3 Bond No. 440622C KNOW ALL BY THESE PRESENTS: That we Independent Utilitv Construction. Inc. , known as "Principal" herein and Westfield Insurance COInDany , 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, FIMI-I Palmilla Sprines Development, Inc.. authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas nnulicipal corporation ("City"), in the sum of One Hundred Nine Thousand- Seven i-lundred One Dollars & Ninety Cents ($109.701.90) 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 24-01 1 1 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 17th day of October , 2024, 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 Liaht improvements to Palmilla Phase 7; 28 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 rernain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"), and 34 CITY OF FORT WORTH Palmilla Phase 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 104232 Revised January 31, 2012 0062 19-2 NIAINTI--NANCI BOND Paae 2 of 3 Bond No. 440622C I WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall tail so to repair or reconstruct any timely i I noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thercol'being borne 13 by the Principal and the Surcty under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORTWORTH Pahnilla Phase 7 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 104232 Revised Januan 31, 2012 n 12 13 I�4 I� 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 006219.3 MAINTENANCE: BOND Page 3 of 3 Bond No. 440622C IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 17th day of October 2024. ATTEST. i (Princip I) Secretary RNird Wolfe I4 A Z k 1 W" tress as to Principal Christina Garcia ATTEST: (Surety) Secretary Frank A. Carrino Q-L d/611A Witness to zab Surety Elieth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTRdTC--tION. INC. BY: '�— Stg ature Richard Wolfe. President Name and Title Address: 5109 Sun Valley Drive Fort Worth. Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: t natu /"— 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 Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Palmil[a Phase 7 City Project No. 104232 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: 955 Garden Park Drive, Suite 230 Allen, Texas 75013-3742 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: htto://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 Comapny 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: 955 Garden Park Drive, Suite 230 Allen, Texas 75013-3742 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: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: hfto://www.tdi.state.tx.us E-mail: ConsumerProtection(a)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 09128/23, FOR ANY PERSON OR PERSON; NAMED BELOW. General POWER NO. 4220052 06 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and 01110 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 W. SWEENEY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name. place and stead. to execute. acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship 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 sea( of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attornev(s)-in-Fart 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 pourer of attorney or certificate bearing facsimile signatures or facsimile sea( 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 28th day of SEPTEMBER A.D.. 2023 . • N.NNw1,,, Corporate r••'�SUAAp"',,. �'1r'r=�,.;.''••.,, .1NSUg1j WESTFIELD INSURANCE COMPANY Seals �v\ ••.,CF'� ;s;(.: �• • •a�iWESTFIELD NATIONAL INSURANCE COMPANY Affixed? o " •e^ OHIO FARMERS INSURANCE COMPANY SEAL State of Ohio By: County of Medina ss.: Gary W.'Stumper, National'Surety Leader and Senior Executive On this 28th day of SEPTEMBER 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 `� at A L S firs Affixed �P• ��ti��/�� State of Ohio = to 'o David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: q t �. My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) tF0FO, 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., �jNNr,•Nr4,y,l, •.........rr,,,,, ........... 1I/III/r" SEAL �q � SECiL � � 0 � � % f Secretary is . .... �� : *' + Frank A. Carrino, Secretary Ar BPOAC2 (combined) (03.22) DATE(MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Rebecca Mata NAME: The Sweeney Company I HONE Extl (817) 457-6700 I FAX No):(817) 457-7246 C No E-MAIL 1121 E. Loop 820 South Rebecca@thesweeneyco.com I ADDRESS: P O BOX 8720 I INSURER(S) AFFORDING COVERAGE NAIC # Fort Worth TX 76124-0720 INSURERA: Am Cas Cc of Reading, PA 20427 INSURED INSURER B : Continental Casualty Co 20443 Independent Utility Construction I INSURER C : Continental Insurance Co 35289 5109 Sun Valley Drive I INSURER D : Texas Mutual Insurance Company 22945 INSURER E : Fort Worth TX 76119 I INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FX TO TED I 100,000 CLAIMS -MADE OCCUR PREMISES Ea oDAMAGE ccurrence) $ X Contractual I MED EXP (Any one person) $ 15,000 A X XCU 6076055350 10/31/2024 10/31/2025 I PERSONAL &ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 POLICY � PRO ❑ LOC JECT I PRODUCTS - COMP/OP AGG $ 2,000,000 X OTHER: $1,000 Ded per PD Occ. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 _ X ANYAUTO I BODILY INJURY (Per person) $ B OWNED SCHEDULED 6076055364 10/31/2024 10/31/2025 I BODILY INJURY (Per accident) $ _ AUTOS ONLY AUTOS HIRED I PROPERTY DAMAGE $ HNON-OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X X OCCUR EACH OCCURRENCE 3,000,000 $ C EXCESS LAB CLAIMS -MADE 7063371403 10/31/2024 10/31/2025 I AGGREGATE $ 3,000,000 DED I XI RETENTION $ 10,000 $ WORKERS COMPENSATION XI I I AND EMPLOYERS' LIABILITY Y / N SPER TATUTE ERH D ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 0010713602 10/31/2024 10/31/2025 I E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Leased/Rented 400,000 Contractors' Equipment Policy A 6076055350 10/31/2024 10/31/2025 Deductible 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Project No. 104232, Street light improvements to Palmilla Phase 7. WC, GL & auto include a blanket automatic waiver of subrogation endt & the GL & auto include a blanket automatic additional insured endt providing additional insured & waiver of subrogation status to the cert holder when there is a written contract between the named insured & the cert holder that requires such status. The GL additional insured endt contains special primary & noncontributory wording. The policies include an endt providing 30 days notice of cancellation (10 days for non-payment of premium) to the cert holder. Umbrella follows form the underlying policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 100 Fort Worth Trail AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYYY) A� " CERTIFICATE OF LIABILITY INSURANCE 10/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Rebecca Mata NAME: The Sweeney Company I HONE Extl (817) 457-6700 I FAX No):(817) 457-7246 C No E-MAIL 1121 E. Loop 820 South Rebecca@thesweeneyco.com I ADDRESS: P O BOX 8720 I INSURER(S) AFFORDING COVERAGE NAIC # Fort Worth TX 76124-0720 INSURERA: Am Cas Cc of Reading, PA 20427 INSURED INSURER B : Continental Casualty Co 20443 Independent Utility Construction I INSURER C : Continental Insurance Co 35289 5109 Sun Valley Drive I INSURER D : Texas Mutual Insurance Company 22945 INSURER E : Fort Worth TX 76119 I INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 FX TO TED I 100,000 CLAIMS -MADE OCCUR PREMISES Ea oDAMAGE ccurrence) $ X Contractual I MED EXP (Any one person) $ 15,000 A X XCU 6076055350 10/31/2024 10/31/2025 I PERSONAL &ADV INJURY $ 11000,000 GEN'LAGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 POLICY � PRO ❑ LOC JECT I PRODUCTS - COMP/OP AGG $ 2,000,000 X OTHER: $1,000 Ded per PD Occ. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 _ X ANYAUTO I BODILY INJURY (Per person) $ B OWNED SCHEDULED 6076055364 10/31/2024 10/31/2025 I BODILY INJURY (Per accident) $ _ AUTOS ONLY AUTOS HIRED I PROPERTY DAMAGE $ HNON-OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X X OCCUR EACH OCCURRENCE 3,000,000 $ C EXCESS LAB CLAIMS -MADE 7063371403 10/31/2024 10/31/2025 I AGGREGATE $ 3,000,000 DED I XI RETENTION $ 10,000 $ WORKERS COMPENSATION XI I I AND EMPLOYERS' LIABILITY Y/ N SPER TATUTE ERH D ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A 0010713602 10/31/2024 10/31/2025 I E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Leased/Rented 400,000 Contractors' Equipment Policy A 6076055350 10/31/2024 10/31/2025 Deductible 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City Project No. 104232, Street light improvements to Palmilla Phase 7. WC, GL & auto include a blanket automatic waiver of subrogation endorsement & the GL, auto include a blanket automatic additional insured endorsement providing additional insured & waiver of subrogation status to the certificate holder only when there is a written contract between the named insured & the certificate holder that requires such status. The additional insured endorsements contains special primary & noncontributory wording. Umbrella follows form. CERTIFICATE HOLDER HMH Palmilla Springs Development, Inc. 1038 Texan Trl. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Grapevine TX 76051 40,�zl� I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 ISEREp,��` ACEC CS AMER1C N COUNCIL OF ENGINEERING COMPANIES OF �MEs��a SMILE RfffI INTEGRITY SCEo.sW 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.nsve.or2 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.ora Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.a2c.ory 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 %fort stZekixg cmCh:uctior.........................................................................................................7 2.06 —Pr-eceatmetien�ferenoo; Do✓ ao................................. 7 2.07 Initial Acceptance of Schedules................................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 n e f Yoe o 3.03 Reporting and Resolving Discrepancies...................................................................................... 8 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 IPQrf ando..................................................................................16 5.02 L,.ovr.aQd Euritiea aid Imc)urow...................................................................................................16 5.03 Cartifoatos of Lrvamnoo............................................................................................................. IC 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance.......................................................................................................18 5.06 Iloper*iy Iiouruuwo...................................................................................................................... IS 5.07 Waiver of Rights......................................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds........................................................................21 5.09 Aeeeptaaee of Bonds „d lm—umnc •o� Optionto Replaeo...........................................................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 S'ap.............................................................................................. 22 6.02 lZlbuF,-Workixg I-Iours................................................................................................................22 6-03 Sefvi^,tea is , and F"ipm nt........................................................................................... 22 E.N lllogrccc Ea':gdulo.......................................................................................................................23 6.05 S/ab3t:tatfi rxd "Or Equal5......................................................................................................... 23 ti C r^o.. ing c„h^ r-ae o:c, F/aprlier o c...................................................................2-5 6.07 -Patent Fees and Royalti 3........................................................................................................... 2 E 6.08 Permits.........................................................................................................................................27 6.09 Laws and elation3................................................................................................................. 27 6.10 Taxes...........................................................................................................................................28 6.11 U3e of Site and Othe A "^µ17....................................................................................................... 2° 6.12 .l'coo:d Do:,uij&i-,& ......................................................................................................................29 6.13 ftf-\-y� Pro-tgotion.................................................................................................................. 2,7 6.11 Saf to-k-;o.................................................................................................................30 6.15 Hazard r^„,,,- unie pion Pfogntmo............................................................................................. 30 6.16 Emergencies................................................................................................................................ 30 6.17 Shop Dlu»g✓axd Eerxplco ...................................................................................................... 39 6.18 Continuing the Work.................................................................................................................. 32 6.19 ' tee..........................................................................32 6.30 Z-,d r=Koado.. 3?- 6.21 Delogatio„ of P - fessi ,na Design Sw,-"iea,j .............................................................................. 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............................................................................. 9.05 gDsfwtis`xTork..................................................................................... 9.06 Shop Drawings, Change Orders and Payments .................................................... 9.07 Determinations for Unit Price Work..................................................................... 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 9.09 Limitations on Engineer's Authority and Responsibilities ................................... 9.10 Compliance with Safety Program.......................................................................... Article 10 - Changes in the Work; Claims ......... 10.01 Authorized Changes in the Work ... 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders........... 10.04 Notification t c„rzky...................... 10.05 Claims .............................................. 40 40 40 40 11 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-Aioo of Dofcatg........................................................................................................................1 ° 3.02 Aacccr to A' lork........................................................................................................................... A 0 13.03 Tests and g..................................................................................................................1 13.N Unoc7;oril�g Wonl........................................................................................................................19 13.05 Owner May Stop the Work......................................................................................................... 49 13.06 C eet ,. n omo,�,a1 of Dofootivo V'a-il................................................................................ 50 13.97 Co: sotios Nviod........................................................................................................................50 13.08 A „tanee of Defeet W di.................................................................................................. 51 c Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values..................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 11.93 Co:,,,�-uot--,r'o Wanu ty of T'itlo................................................................................................... cc 14.04 Substantial Completion...............................................................................................................55 11.95 R%rkal Utilizratim........................................................................................................................ cc 11.0E Fir.l InToot:axi...........................................................................................................................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 Giving " TWoo ............... 17.02 Computation of Time . 17.93 Ro mo d:co .. 17.0/1 Fkin,ival of Obligations 17.05 Controlling Law ........... 17.06 uo di-ng3....................... 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 I — 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. �.. ,. The Gentfaet seper-sedti rrrsr negotiations,, agr-eements,. 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 12. Gen-tffiet DeeiEment-s Theso it=. Z Z�d91Zi��ci�riirtl icrgrecnicn+. nr-vniy�mircca ^vi"--1rrFc i eepies of the �cm llot Drawings, other- G,,,Afa 1, mix-nitt-als, and —too nport& „a a,.,,wing of vabva:faee-and ,.b,ysie l ,, a;+;ono ano nat r,,,A.aet r,,,etff ents 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. &gi-neer The individual or enticenamed as sieh in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. f Divic&-m 1 of the Speei fie ,*ions 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. Milestene A p oipal ov . speeified in the Ge;ifaet Doeumei3ts—f-ating ;o an intefmediate eempletion date or- time pr-ief- to Substantial Compietion of all the Wofk. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 63 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 63 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. therete, and sueh ether lards f,m;shed by Owner -which aw designated for the use ef r,�aeton materials, e"ipment, systems, stud wor'km. m-Ahip as applied to the WoFk, eert i administrativer-equir-emeffts a*d p eeduml mattom applieable the fete 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work 44ie entire eonstmetion or- the various separately identifiable pafts thereof fequifed to pfevidiwg all labor zervi es, and a,,,.,,, en4 do neeessar-y to p duee suesueh e rs.,.,,e fiery . n Wig, irtiteallin , and ineefpefating all materials and equipment in4e siieh eenstnuetion, all as required by the C rt,- et D,,etff en4s 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. b. does t meet ther-equir-ements of any aPPliab11i i-xspeetio fe f , enee standaFd, toss o. l�ro been p:i�r to Engineer's TecemmendationofmKma'. p y4ne t-� responsibility for- the pr-oteetien thereof has on osvimad by Owner- at Substantial Completion ; aeeor-danee with n.,,.., upih 1' .nn ,,�T 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 1. The wof"-TuY illy" -,Aen used in eenneeti9irwith -set=vt e&,-4 &t-_,6,a1s, or equipment, sn�ii fneanto 3,jWIy, .,a �� m�*orlala, or aVipfnen4 to the Site (or- seme ethe oeifiea 1....ation) ,.early f use or im?teallatios and is wablooperable , rditio,, 2. The word "install," when used in conneetion with serviees, inater-ial I . . . ent, shall mean to pat into useor- ..lace i final position said s o&, :rn komalz, o ent , rlete and ready fef intended use. 3.The =wofs "p C; " Z "provide," when used riirE6imcvti6irwith rsciviccsmaterials, r equipment, shall mean k f imioh and ink 1, saidsei=viees,materials,or- o R1 eE)Mpl and ready for- if4en oa , 4. IA4ien "furnioh ," "inocall ," "p e vfr,„6" 6vide" is not usedin eennectioiv"rtrrservices-, is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The r nt, aet T;.,.00 will oammencc to run cn the thiAieth day after- the Effeetive Date of the Notiee to Pr-eeeed may I gi I time within 30 days after- the Effeetive Date of Agr-eefnen4. In no event will the Centr-aet Times eemmenee to Fda later- than the sixtieth day afte the day of Bid opening or- the thil4ieth day after- the Effeetive Date of .Sgreentn:, whicheve duo is oa:iion 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. A. P-r-elitninary Sehed-ukes., Within 10 days after- the Effective Date of the Agf!eement (unless theFn „se e ;R-cd i-,, the Geaer- l Regt em. of tO, Centraeto; aIiaL cub ,:sit t Engineer- for- t;,. el�7 . a prOiminary Progress Sehe"Ie indieating the fifnes (numbers of days or- dates) for- stafting and completing the various stages of the Work, ineluding any Milestones speeified in the r^�aooun xits; 2. a preliminary cif F/abmittals; a -ad 3. ao'.imlr,, c l,oa„lo fValuesfor-all of the xx'.,a, ..,1,; 1, ; l,, low „t;t;os a r o .f items w-hieh when added together equal the Centfaet Pr-iee and subdivides the Work into eernpenent parto is Duffieieat detail to sef e as the basis for- progresspay-meats dufifig per-fofmanee of the xx�oileh pr-iees will ineludo an appi"aprrate amount of ever—headever-head an profit applieable to eaeh item of Wofk-. A. Befefe any Work at the Site is staf-ted, a eeafef-enee attended by Owner-, cc� Ek.,bgin and ethers as appr-epfWe will be held tablish a Nye .long under -standing among the p.fties ., to the Work and to disetiss the sEhea�aesTe€erredo in llamgmph. 2. handling Fhb Drv. 4t- ra �or cubnntiltels—, soodrrg Appneations for- Payment, anc� nxtintainingr-e,,, ife , r-ds B. At this eenfer-enee nyffie,- and Gent,..,, tOF e ,a'i ohz1 designate, in writing, a speeifiei dividual to au ao ito auth3naedr-epr-esextative with f:espeet to the serviees and f-espc�lb;litioo under- the Contmet Sueh indi ,;dual--,IhNaR 11..,0 the .,,,thor-;�, to t-.,,,sfnit inst ,,,bons o v o infefmation, 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. &tear and&, gpo--ifieafiens, Codes, Laws, and Regulati 1 . Refer-enee to standards, speeific-ationz, rnarua �i�cea�� tee �a�-sere ; erg-anizatign,, or- assecieat�on, or to La A , by 91m11 n. e r the standard, s eeif e tkov, r.rual, moo, c T ai,s ne�, in effeet at the time of opening of Bids (or- on the Effeeti o Dato af the Agreement if there were no Bids), exeept as may be otherwise speeifiea4y stated in the Cent-Faet Poeume > > from these set f ft>1 i the GepA, aet D,,,.,,,. e ts N sue pr-evisi„ or kiztjuatie shall be e f f etiye t to Ownef-, > , pa , agents, seesultait or- subeo rtmeteis, any duty ority o :,ulnr,,ise three per-fefmanee of the Work or- any dffty of- authefity to tmdeftake ornib;.lity ;neen4stetA „tt1 the provisionsof the Got#, aet n,.,.,,men4s 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). deletions,A. The GepAfaet Doeuments may be amended to provide for- additions, d-vio;o:0 ix the Work or- to modify the tei:ms and eendifiens thereof by either- FC)hanbgo Order- or- a We CN-xygo Dire. alun2cnt d, and mina -- vafiafiefiS an de-N4-Ationlss in dhee Work fna-y be au*er-ized, by one or- more of the following ways- apF,,.,. op D,-uu,--r Farspl.Q (subjeet to the pfovisions f Pafagf! p of 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 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the 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 i£ 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. p peri*s and n, in a: The F/applameu*tafy- Conditions identify those reps and knev ., to nyffle - el., tag +o Hazardouo Dnvir-onrmepAal Conditions that have been idefiti fie � the Site. aeetifaey of the "tea. data!' eentained in suehzepef-ts and dFawings, but iehr-eperts and wings afe not ontraet Bow " a'mioal data" is inthe Supplementary Conditions.E-Xeept-fermi-Ah roliaroo on rush "teehnieal data," GofAraeter fRay not rely upo fake- c4aim agaiiist Owner- er- Engineer, of any of theif offieefs, difeeters, membefs, pzftaers, employees, agents, eonstiltants,ubsentraeter- with reapeet to.: 1. the eompleteness f suer-epet4s and drawings f Geftt,aetor'o r/arpases,iffeludiffg, but not limited to, a*y aspeets of the ntaaxo, r.Se teehai"es, se"enees andpreeedtifes Of rstna do to be employed by Gent aettor and 3af, r o „tions and r mm3 ineide o 2. "bloc data, inter-pfetations, " r;ono and inf ,.,,,. atio contained ; sueh fepefts of: show e indicated in sueh drawings; e 3. any GePAT-aeter- interpretation of "r , el„s on dn,v. 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 parry 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 4.06.11 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. CofAfaet--T zlall fu izh pa,.f ,......aaee and payment bonds, o-aZh is Zr wmaupA at least 0 1 t she obligationsunder- the Contfaet Doetunei4s. These bon 3 olmll it 3ffeet w4i! one ye after —the date��final px,,mont boeemes due or- u*til eempletion f the correetion pe oA speei€red 'im -Bamgrup-h 13.9—hiehevlater-, exeept as pfovided othe y Laws o Regulations or by the G,,,A,aet Tle..iimeats Gef t, actor ,Ball ab- 9 ftimish . ie OtheF 11,.,,, s as are r-e"ir-ed by ontnwti TD9CCiITMnto. B. All bonds shall the fonn Mier-ibed by the Contfact Doetimensoxeopt—as- provided otheFNN4se by Laws or- Regulations, and ch l b-z exeeffted by suesueh s ,.egos as are namedi the 1i of "Cempanies Helding Cer-tifieates of Authority as Aeeeptable Sweties on Feder -a! Bonds and ins Aowptaho Rcix-.long ✓ompa�vo" ao paNlished in Gifeular- 570 (,,,.-,ended) 1.., +l,o Fimrzal Ma-nageme*t Sey-viee, Sufety Bond oh, U.E. DepaF4+ierit-of the Treasufy. All beiids signed authefityto bind the sufe eviaeree of authe ohall oha , that it ; of f etiye o the date the agent of attomey in faet signed eaeh bond. G. if the s et„ en effyJaeml-furni3hod b'y, r,.��, � ., to l ,, 0d bankmpt l.o,,,ffies insolvent its right to .,immoo iein as;' state wher-e any paft of the Pr-ejeet is leeated or- it. eeases to meet therze"ir-emeffts f n.,,..,gmph 5.01.B, C,,, tfa or ohall pramtly ffet;f., n., ne and Engineer- „d olsall, .h,;i:1,;n 16 An ftef the 0 en4 givinge to ?/,:/-1 natifreatmr.� provide other bend and s et., 1,..�1, f ..,hidh ohall a • 1 �- 1 i se�eseiw i►w��i�eii�iseiniv one �i 1 iw�iwi��a ��z.�n�� u��Q�� nr.�„ � ii . 1 1 /� �. 1 � �rs�et� and ir��na��oo�p��io:�'�11 zse o w mr,, b p ide ;a +"o F/applcm-antafy A. Contraetc o,11z1 deliver— toONNner-, with—eepies to eaeh—additionwed—and loon payee idea fie t o Sapplar.entaiy Genditior., oei4;fieates of iromrc B. Over d ll deliver-toGe}traeter-, with—eepies to eaeh—addrtia l i su ea and less payee idefifified i+"o WW., tiew, cce.;f;�af inc/aranse (and othe f e ide e f insuranee fe"ested by r rt,.,,, tefor- anyothe,..,,1difi-o"`ll ingurad) .t-hiel, n.,,ro, v rod t 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. Eailurt orsplian e :�4p 1an0., from-the-evide13ee pr-evided o1hNaRl n9t be enstn d as a waivef of Contft c4or'z obligation4e maintainsue1, , D--viciie"' does not "@pr-esei3t that insufanEe-E9v€r-ag^c-and lifnits ozAeablizhed E. T c ircummo d -equir-ed her-ein shall of be deemed ro a liritation on 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: 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 otherwise provided in the SWplementar-y Conditions, 0 z ohall purelhaso and nmint-an prepinoum—xoeupon the Wofk at the in dho arno-unt of w ft �� (s*eet to sueh de aiNe =ouVi o co mar,be-pfevided4n4ho F-appl„ required by Laws and Reg l.,tizomL). This irmaw 1. imxx ude-the interests of Owner-, Gep.4f axis Eub , and Engineef, and any ethe.r- individualsor- entities identified i *"c Eupp?cnz2ntaryrditions, and the effieer-s, dir-eeters membo , partrim, cn2plr✓, , agents, eenstiltants, and smubeentfaeter-s of eaeh and any 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 them, owAI of ,i,1,,,,v, ,s deemed t havo an l.-,Gu able interest d -,tali 'a-4ist6,d ao a ?os-5 2. be . ,-ittef on a B, i1dc 'o mil' "a.kl p hey form t -,�L at least ; elude ; e physie-alloss of damage to the temper-ary buildings, rnisewor-k and ,r terialo and equipnwAnt in tfans,-a d zlmll inc-um against t least the f ,l,..: ing r fils or—oawlij offs: fire, ightning, extended -cover -age, theft, vandaliom andfnaliciouo mio: iief-, earthquake, eellapse, debris > , water damage (othef! than that caused by flood), and Such other- per-ils of! eattses of loss as may be sp€eifieally r-e"ir€d b3thet rse:HIM _ .Ee!ss. . e�as:e�sesss�eees;Ee�sers�: eer:re rs. IN ON' . NO M.M. • B. Own,- ohall pur tease and maintain stieh equipment rreakdo n inoumn e o;! additional property insl anEo -\O HX-zi be Yo -e by the S,, Pleffientafy Conditions r t,o and P_. will n the ifAerestsfOneF, Goatfaeto1I, Fkaboont>=aete-fs, and Engineer-, and any othef n,a;t,;,a,,.,ls , „fifies identified in tho F/uppl. mc- --,I partne�e ees, agents-,exn ul�a-W; suboofft.,,eto-.s f eaeh and any f the eaeh f'wham is deemed t haw ar. irxurl-xl ' . C. All the poheies -e-f in un nze (and -the eei4ifieates of: Qther-evidenee theteef) tequir-ed to be d rruintained in aeee dalroo 5.96 will eon ain a govision er r-e€ttsed ur.Kl a+Aeast,o p6or e-aeh otho: l000 payee t,.whom a eei4 f;eate f ir., um-, e has been issued a -a will eofftain , pfevisions in th Bamgrao. 5.9.? D. 0 : cbcalk' n t be 4ble 4or speeiAed irrthio Patagruo. 5. , Of others in th-e „'-oi-to the extefA of a4iy de"etib--Nintc t1mt are identified Yh F/upplementafy C iti�.o. The r-isnof less - within sReh-identified deduetih}o arm unt v., Cat#r-aeter-, Stibeentr-aeter-Is, E)r- others stt�r-ing a4iy stieh less, a -ad if any of them wishes pf:opefty insufanee eever-age within the limits ch anvant , tain it at4he piffehaser-'s 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. i�ntT-aEterr-equests ..sting gi t other- speaal inunlr.se be ifleluded in the pr-epefty Ohio Pamgmph 5.96 -Owmr ahall, if possible, " insufanee, and the eest thereof will be ehar-ged to Gefitfaetor- by appropriate Change d�� lk�r to Eommeneemef4 of the Work at the Site, 9ifflc shall in •1, not stieh thcr ix-mran e has been r roa by nyffie,. 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 5.073 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.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any parry in interest, Owner as fiduciary shall give bond for the proper performance of such duties. of the bon c iscrosse -eqir-ed-to be ehkased-andmaintained by4he -et1Wr par" aEcerdaneewith AAiele 5 on tho bavr3 of ,,o eonfeFmanee with the Coot, aet r,,,,.,,., effts the ob jeeting a4y 1 3a notify she other- . i4y lhithi,. 18 daysr after- ieeeipt of the ,.eF fif; ates (or- ,thee e ,ideas e requested) ,-e b, , Nmgmph. 3.01 B nyigneir and C „t,.ae .. alvll. oash provide t the other- stieh ddi ional :rf f m.-m .-we r ide thereqj�l,o, v ,, ,1.1., +. T may fth--T part., does not pufe1, ,so or main + ;n ,11 ,f the bends and inurat.\oa ohall nee to maintain prior- to afty ehange in the r-e"ifed eovefage. Withou4 pfejudiee to any other- right o ' 0 u Y- l 0 , 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 .GofAfae --T ahall up o . ioo, im?,Nst, ar-eet the "fkeomPeteftlaand effieien4y, devotifg sueh attention there o and appl:r4ng-s-udh gldlls andexpei4iso as may be neeessary t per —form the Wofk ; aeewdanee with she Contfaet D,,,.time„ts Goat. eto ?hall be solely responsible for - means, methods, techniques, sequenees, and pr-aeedufe of eenst—metion. �>10 or shall net4e responsible f the n gligenee f n.t ,.cc or Engineer- i the designor- ee fieat o f " " eifi . moano, m. , in and o essly ,-o,,uired by the rorxtuCv s B. ^-� t all timoo during the progress - of the Work, Ctaetor shall a ; peter* reside super-ifAendent .,,l,o z1.mll nat be r-eplaeed without .-Fine„ ,oboe to nm--e,. mnd Efzlmo ml-ept A. GefAfae or shall pr;!�-J— !�rr�:se�sri■sr�:e!�saae!e!rs .iffrrieersries fm eon 'he Go aet Doeumen s. Gentmetor 7hqll al��j maintain geed diseipline and ofder- at the Site. at -he W o1nal be pe>-f4m a dwing egula.. ,,,.king hotifs GofAfae cc wxkl -.,t rofmit the orf ,.., anee f Wor4 on a &a lr , or any -le -gal holiday without Owner's .., tte eoasei4 (whieh will not be tiar-easonably withheld) given aftef prior- wr-itten notiee to Engineen A Unless the fy 4se " eei fi3d in tho r n#aet r,,,,.,hffien4s, r,..,,..aetef shall p ide and w&j TX7 f44 rocpo1 oib�li,y-f'T ',L oew4e9o, nx.,�or&-.q I . e 4,,—Ircaborl t7 -nopar atio eenstiwfien olo, applian"-\3, --v, Franitari =aeilities, tomponsr,--fi le d �1 -athe ae l t* 3 and inaideRtals neeessat=y or- , start up, and eempletion of the W,,, t, B. All ormla xid equipment ineerporatedinto theWonc dll lkl bo av,-jpeeified o if not " oeified olnll ?Q truwt 1008thiflefits. All speot� �ow dhall e ess , m to the bo„v�;� of Ownef. if r-e"ir-ed by , GofAfaetuy dhall wish oatiof reports of tests as-te-the sewee, kind, and ""' xialo am"quipnwx; G. All mater-ials and ont ohall bQ cteoxad, applied, install„ , , used, eleaned, and , „dit rod ; eFd nee _ ,;th imtruo ans-a-thy applieablo Fkapp;iar-, exeept as other -wise may be pfevided in the Gen#aet Deeumen4s. 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. -rttrae or mall adher-e t the n,,,,gress Schedule o3tabli5hea ; aceordance .kith Pamgmph 2.07 1. G #,.,,, tor- shall „i. En,-ineer f aeeeptanee (to the extepA indieated in 1Zamgaph 2.07) proposed-adjustmen*s in the Progress Sehedule-tit ,;,l not F lit 1IX rttraet Time. Su-- i adjustments will eomply with an), pr-ovis ons of the General ReEfdir-enoncg applizable then-eto EMPTTUMI� I �11 W.M. ~'- MO. ' M11, A. Where et! a ite f matorial ar eduipmont io opo i fie deset!ibed i the G,,,,t,. et r,,,,,uffle„ s by , g the name f a p etafy ;tow, of the flame f a -pa --mb F/app lm" the S-Peeifiefttion Of descfiptienis intended to establish the type, ftnEtion, appoamnse, and quality r roa Unless the speeifieation or- dese ins or- is followed by words r-eading that o lilo, oft; ot! "or- " 'tern or- fl.o vabstitut; .,, v,,,,;I.,+oa then ;toss of fnatet!i l of o „A of „,, er- l of equim, ost of othcc EappLer-s may bo cuN-mNt 1 . -9r-EqHal- Aeif in Ef gifleel:'S-Sole dser-efios an item of mtmial a: ;a"ipmeflt pt!oposed by Coi#r-aetot! is funetionally equal to that named and suffieiepAly oimilar so that no Work will bo ro,, ir-e,a ;t , be eonsider-ed by EfIgi or W ar. « » itom, in Whieh case ttview andappt!oval f the proposed tan ma; Egig „eef- ok disefeti ,,,, be aeeompl�had withoet oompltalwo eme all af�zgain rxz-Itc fer a oval of pr-opvosed s4stitu* items. FooF the pufPoses o� hio TkampuRli 6.05.A.1,R n am oa ; f. a. in the . 1) it is a4 least -gu'q in r7n�sFi-als of eonstFuetior, quality, dumNlit, , stfength, and design ; r�e�!�rr��ssxesirs�sssse�srrsr�srsrss .��rssrsier+se� M. wit bum a proven v ar- fpe49,.,,,anee w,a m,ailability fr-e . ,,,�.,o l) there will be no iner-ease in east t the Owner -or- „ G,,�t Timo; and ors Gub3tantially oin mmed in the G nA,- et D nAs 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 W 0- - WO ..... a, IWIM b. Contmeto sImll vaLnit suffie ent ifif ,.,,,"4;,.,, as pr-ovided below t allow Ffiginee dote, nine ;file item of'material equipmant proposed ; essentially equivalent t items of material or equipment will not be aeeepted by Engineer- from anyone other- than row e. The , ents for- tvview by E jnee, a \kl bo -\-3 earth in Pam -„-a, A.2.d, x Supplemented by the-GeneruReqttirements, and as Engineer may deo is app:under the eir-eumstanees. d. Contraetar zhall ire , ttm applie item of ma4et!ial or- equipment that Gonlmetot! seeks to f4nish ot! use. The applieati 1) z 11 o. . a)per-fofm adequately the unetiom and a--iieve the results ^"ilea r^,- by the ge r"i design, "✓oimilar in oubotanee to that speeified, an e) be Suited to the same ttse as tha4 " ";f;e . 2) will cA,-ae�.L -eke-ax:mt, if arry, to whieh the tise of the pfoposed s4sfitute itcn2 Trill��adiee b) whethef use of the pr-e-posed s4sfittite item in the Work will o a e'x)b-e4n aiiy f the Gefiti-7aet n,,,.time is (of: i thepr-ovisionsof " other- diFeet rtr-aet with Ow-nef for- othef work on the Pfejeeo to adapt the o tho pvmpased s4stitu4e item, an ✓'titute ;to,,., , eenfleetion , ,i thethe A --d i e t t paymetA Tar., liee se fee "lt.,. co, nminten nee; repair, an ; 1) Shull een,ain an itemized estimate f all eosts of , edits that will r-estdt dire." d drainm of other- . fftf ete agaeted by my r-esultifig..1,. igee 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 B. sHbstitwe cloiistffietioii Akma£--6r P-PoeeyAllo N a speeifie means, method, teehnigde—, mquimi by the Golitfaet Deettments, C..,,t,-.,eto - m f„mish or „t lizo a vabvtiftAo moans, mQ+cc vn j 1:cnbiincjd e.ueiice, ^arpr^vce ccrrc of LA'S aW.aye.a by 1~', ginee !-'opA-aeto,- shall submit s f'f;ciepA information to a ,--. €*ginool� in En , that expr-essly called for- by the Contraet DoettmepAs. The r-e. i -fits fol! sg_*Iw.M --�:lvmllar t d in Ilam . G Engineer�s Evahtation., Engineer- will be allowed a t!easonable titne within which to evaluate eae pr-opo --,r submittal m-€ plamuant-4o Nrogmphs fequke fur%id-. add.�ata-abut the proposed substitute ;pow, the sole jttdge of aeeeptability. No "or- e"al" or- s4stittite will be ordered, installed or- tttilized ut#il Engineer's review is eomplete, whieh will be evidenced by a Change Order- in the ease of -a stibstitute-aid an appm°edShop Dr -awing "or- equal." Engineer- will advise Goff ,.,,,tor ; wrifing of any negative detemination-. furnMh at ' per-foftnanee gttar-apAeeor- thee! s ety - it , eet to afty „bsti „ e pfoposed or vibr.N. Ae by CepAfaetor plarujcint to Par-a�-,..,,gam ._^_:? and Whethor ox note app :ea a zidbst-itute so proposed or submit , GopAtuetor &hall reimbur-se Owner- for the reasonable 1,.,fges f >~rgineet! fee! evaluating 0 1, :hall alza ffib ir-se Ownef for- the reasonable ,.h -ges o for rnaril� eofitfaet with Owner-) Festthing from the aeeet4a-nee of eaeh -proposed s4st or dlall provido all dada im uaVaft of any proposed substitute L�f gzyal" at . A. Cantfaeter- shall not empley any Sttbeen clr, Flappli. , these aEEeptable to Owneras indieated is _%ragfap tip; - et#e itia�ly=-o;=� fepIaocma-it, cgaimt 0 nx-iy or 51mll not be fequifearte .le C„ .CeatFacal�apn l^i-v e",.;.;.uaor- entitytef�no pe4ofmanyoftheWorl clgainzt �r. B. if o FmprplemefitafyConditions FeVife-the identity of Eeftair. &ab eefAmetoM, &applied-0 ather- ;,,,a; -.;,a als eF entities to bi c/dhmitt tzr.o b;OwfieF by a r,,-Y j mt ist the fee f in aeee darwo -i ithrtho F/app).. ' or- by failing to make wFitten ebjeetiefi thereto by the date ind-jeated for- aeeepta-nee oF ebjeetion ir: th c)u&. FlaLroantfaetc\; Fkapp�i.--ar 31\a11 Dubmit an ao Eel#r-i6to'1, Flap]. 1.',T,v"ry e'iri7ren , and the E6irtFaccrrrcc= will ry aojttsted thediffefenoo in tlo eost oeeasioned by stieh feplaeefnent, d an appr beissued.No . ,-.t., ee by OwneF of any „ 1, C'4eefitf:ac4o- ,1 F/applio,-, of: othe,- indi .;"a ., 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 C. CotAfaetor ohall be full„ ,. s b.le to n,t,ner- and Engineer- for- all „^ts .,,,d omio✓rono of the ,S4^^ F/aff)H G ark the individualsor- entities per-foFming r fl shi aff f t>10 Wofk just as Co t. etor- ; responsible f r,,.,faetor-'s own ^ts and o niovronz. Nothing4n he 1. zhall 0 e to f r the befief;t of ff zuoh FiatizetAT-acatoA Fiapplior, o other- ; dual or entice any contractual relat onzhip between eT or- Engineer and any ueh Sube6irtmeterStipplier- or- other- indi-N4&al or- eatity; no - -3. GlmL ^ e ate ., obligation on thc'pai"f n,f eF Ew >~ngif eeF t p OF to vo to the of aff moneys &e any Stleh SttbeOR4Fae OA gdW- ieF, OF otheF individual o entity o ., p may ather-wise be Fequifed by Laws and Regulations. T'�--GofAfae --T shall bo oalely=esp^H�for- sehe&ling and eoefdinatiag the Work of Sub^,. ef", F/ap-liers, and deer- ;,,.1;,,;.1 RIS or entities Pore ,.ffli g f,,.,,ishi g any f the € Centr-eeair rhall raquiro all Fk�uoafftfaetov;, �.ep'�Jrrz��, urnd sueh othzy ;�idi:,id„als or entities orf ,.... ing or-fumiohing arry of the Work t ^ ^.ate w;tl, Engineer- thf ough Goff traetof. �1�:�r�:rr�srs�r:�s�E�Tse!�sfsrss��fes�r:rssxrrse�e•� . •ter � se G. All Wofk per-f ,.., e for- Gentmeter- b a F/abee cT Fmpp ier will be r nt to a binds the Scivevircrccccrn(1 F1app1 Tto the appheable—torm and -eenditionz ar—t1iLc^vrrcrucc Sube ,.,fact ,. or &applies ho io lice, is so^ provided , Pefagmph 5.96, the agreemet# between the C—e=auEter—and the SubeentraEter or Fmppliwill ea��is prqvisiens whefeby tko gubse�ter-cc EuMli. , Contreeter neer, and all tho indi:,;,lua4sor- entities identified tl,o Fappiefnentar-y C ioxf) to bQ listed w imuro , employees, agents, eensultat4s, and subeepAfaeter-s of eaeh and any of them) for- all 1OSSeS aHA damages eaused by, ar-ising out f, rckting to, less eovef:ed by suesueh pokeies and ., other- r ,.in-imunze applieable to the Work. if the c�cpamlk .uaive,. fefms t be signedby afly Suboontrax�or al= A. Gentfae cc shall pa; all heense fees and royalties and asstffne all eests ineident to the use in per-fefmanee of the or tN. ine , preduet, or- -de-vieew-hia': iz thesubjeeto€patent fight p1ghts held - paf ioultr im ocun-a-ito for- use in the per-feFmanee of the Work and if-, to the aetual knowledge of Ovmer- or- Engineer-, 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 tlso iz ubjee"&tatent nghto ghts e lling for- the payment of any lieense feeor- to ohall k. . B. To the fullest ex4ent pefmitted by Laws- and eg *;o r &hall inaefm f , and hold harmless Gentraetcc, and its ofneer-', dirc6ter-s, members,pa er-s, employees—ageH4s, sensttl ai4s, and sieentr-aeter-s--fpom and all Jraimz, sosts, losses, and damages professioxialz, and all eettt4 or- afbibFatienor- other- dispute resection-e0s Z) arnng Odor elating to r� '' „A of ,-..,tent rights ghts ; eide„t t the , "G in th,—,,,perf6rmaHee of the --T restilting ftofnrthe ineorpofatien in the Wofk of any invention, designees G. To the fff lest el 1►ix tte by Laws and Regulations, C nt,aetor G�V.11 isd,,,• ify .,* hafmiess Ovffier- and Engineer-, and the > , losses, and damages (ine! ink but not lifnitedte-all nfees -ar-gesorengiI aahitees,-at4efneys, and ether- r fess orx& a'.Nd atl eett ar aA/.*. afiiror: or othe,. disp,,to ro .,hAie,, eosts) ., of or- r-elating to a*y ififfifigefnefA of paten4 rights or- eopy-r-ights ineidef4 to the use in the per-fofmanee of the Work orr-esultingfr-em tl e4ffoarNmfiiox ;a t • 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. A. Centr-actor 01mll give all r tiees requiredby and ahall with all .. heable to the per-fefmanee of the Work. Exeept where other -wise expressly required by applie-able Laws and Regu4atizrz, nci her-Diner—ler- Engine -cc oliall be responsible for menitering Gen4aeter-'s caome.ianse. B. if C nlraotef inug My Wefk knowingor- having reason to know that it is ,mot,-.,,-„ to Laws ot: Regulations, for chill ear- all elaims, eosts, losses, and damages (ine1„dirrg b/atnot limited to all fees and ehar-ges of engineers, ar-ehiteets, , alrz and -ail eouA or ar itrut' or Howe-ver-, t-dImll not be Contraeter-'s responsibility to make eet4ain that the Speeifeatiens aRA Dfawingo aro in aseerdanee with Laws and Replafi3r., fat thio dill nat relieve rv,.,,t,.,,, ter- f C. Changoo in La-&--R��ono rat lm, on the Effeetive Date of the Agr-eement if there were no Bids) having an effeet on the eest or- time of per-feffflanee of Qkall b. 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 sueh Ozairs rnr,� d in Pumgfaph 10-05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 1 o; obaL c f rnaeomv an A , . s of workers to the Site and other areas pemitted by Laws and Regulations, and - any mcNli laid -or alma, to the ^ eoupant thorn^f of: of . ,,0jaeent land Of resulting ft!om the per-fefmanee of the Work. Claim be made by any sownefttehor-oeeepant l.^. attse of t e per-fefmanee f t e Wor-k, tmeter ohall pmmptly sett! h ouoh atho paw, by „ etiatio ^ othen ise To the Ulest exteitper�nitted by Laws zand Regulations, Cottraor ohall ink he d hannlo32; Own gificq% and the offieefs, ifeeter3, msocnbaaf3, parts employees, agei#s, consultants and subeepAraeters of eaeh and any of them from and against >a4-olai rno, oasts—,4ogNo, and damages (ineltidi g bt t not limited to 11 foes and ,.har-ges f e -. I ehiteets, attomeys,-and other efesrsio�z� -and all ^ ,,,4 ^ ar-b;tFatief ^ ethe . t2;) arivf.\,- at4--af c/e rcJ tin , 4ought by „ehh owneF ar 000upmt L1�iaoa� or other- paFty indemnified Km,-oun ' the :ef. Utz c11xzL keep thee -and odwr ar2as fFee &)m-ue ties of m ate -rims ruLvnh, an''h dio. Itcmvlal and disposal of stieh waste ma4ovialg, ruLv�rh, arm a dobri,- 1hall c rf;,n- to . „1;eablo Trwciasd Rogulaiens: C. C4eaniffg.-- o Fiabz4an6al chill clean the Site a -Rd the shall r-etneve ft^m the Site all t^^lo, aWlianees, eens4ttefion equipffient aiid machinel=y, and ,-urpllro fits"alo a d 31mll rester^ to oFiginal ^ a;t;on all pr^pe fty net designated far- alter- D.Lea,4iffg Gentf: or slxi11 net leaner- ^, ,,;t ,, ,,t of any stt.uetttfe to be 1eadea tlxtt will Lxio ahall aF dj nt r et4y to stresses o s that will ^a.a. ige ;t 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. —Cntrae or ?hall maintain in a mfe plaee at the Site one reeord6opwf all Dmv, > , Field Orders, and wr-ittefl inter-pr-etations and ela6fieations in good ordef and annotated to show changes inade during eonctr.lc`i^on. These Y ,.,.a ,aoeti,, a is togethe , .;th all aplxo :mod F-am. and a eotmter-pa44 o all approved c1,op Dm.i,;,, .s . „11 b-R,ailablo to Engineer for-Te€er-enee. Upon completion of the AT.,,-1 those r-eeord .1...,,,,fw to, £/arnplr, ;Dp Dlll..;ff&-s ..;11 be deliver-ed to >~',-.,.inee,- F r. A. Contrae or zhall be sole!), resporsiblezot—inictiuting, maintaining and supeFvising all of t C '.lail'so ix '�nneetio„ with the Work St eh respoa,-�y.Kt;' does not relieve tn2ti woAE, nor- for- -conzpl�r —se with applieable safiaty Laws and Regulations. Contraetor�iiuic take all neeess precautions for the safety of, aid ohall pi- vide the fleeessaty protection to • 7 all the We -L and m til alo a.—, o ,,t t be ineefpofated the LYE, Lt-erage * 0 off the site, -and 3. otherprepef, at the Site or- adjueent therete, inel tr-ea7,, vhrub?;, la;n2g, walhz, pavements, t!oa&,aytruEtur-e3, utilitioa, and Undergoun F^�litio& nat designate B-= z chcakl with al aNioablee T ,ate=o znxt Regulatior. fvlat� pef:sans Of pr-epef�y, or- to the pr-Oteefien of per -sons or- om darr`ago, injur,�, or Iwo; and shall e oet and main ain al neeessafy s f ..,,.,Ms f ,- suesueh sa y and pt:eteetion. !`o t,-ae o: Lll1�l notify ow-nefs of t p, ptesesntiOR Of theWoy1 r1.11;=a€feet t�,.�n, aM c�11�1 seer-ate with them in the protee C. Centme -- ohall zomply with t1,o -reqwrem" s of Owner's safet, pt:ograffls if an - The Supplementafy Conditions identify any nz'2; zaf egmtm that are appheable to the A'-erl . D. Centraetuy shall infofm C u sx an ' ;'h Whieh O ,,,or'o Z&d o�npley000 anxt ropf:ese t tive 1.' while t 11 -" E. All damago, injury, loss to pr-epefty referred to in-%-,ug,-.,,-.l, 6.13.A.2 6.13.A.3 ,l 0 in part, by-42-entracrr-r, any Subee tf tor, P/applief, of any thee: ;,,.a;,.;.a,,.,l entity d -eetly E) indifeetly employed by any f them to per- m as,-ef4he Wer-k, or- anyone fef whose aets any of em nny-be4ablo, A ll be or Er:ginoor , 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 theme may be liable, and no attmbatable, d;,-oe4y of indir-ee4y, ; „ holo or in part-,4e4he faidlt of negligenee of or or any can, Wppli„ , or- ethef individual or- entity dir-ee4y of indifeedy employed by any of them), F. GwAfaetar-'s duties and responsibilities for sa�� and for- pr-oteetion of the Work shall continue until tmo ro all the As-cempleted-and En4nac lhro iozi=d a notiee to nyffie,. and EeAfae or in aemph 11.07.4iat A ork io aeeeptable (exceptas othef, 4se expressly provided ; eonneetion .t,itr Eubckantal Completion), A. Contr-ae --T dmll designate a qualified and exper-ieneed sa�� r-epr-esefitative at the Site whose duties and „onoibilitiao ohall be the prevention of aseidents and maintaining and fs � � pro pragrams. A. GofAfae or ohall br--espoirrrblj for- ,.,.ainating any- v.,,a,, nge of ,,. ater- „l safi �,. data sheets of ether hazard-eommunizatio inf ,..v atio,, required t be made available t or ox..b,. raged b.etweo., or- among employers at the Site in aeeor-danee with Laws or- Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. A. Gen4aec& i3imll o; bm. it -,Shop Drwnings d F/ampl, and apprav44* aeeer-danee with -the —aeoWed Sehof EubmtA is (as requiredby n.,,..,gmo. 2.97). Eaeh Submittal will be identified as Engine I . . :e-. a. F/dbmit ntmiber- of eepies speeified in the General Requirements. b. Data Shownr-vir- the �iop Diw.,Jngs will be E9mpiccc=vvicir icspcvt6crtlg&, tcria, mate4alR,-and camilar data to show Engineer -the serviees, mxtorialz, and equipment r,,,,#.,, ter- proposes to provide and to enable Engineer- to review the infefmation for- the limited pwpeses r-equir-ed by D.,,-.,..,-.,p 6.17.D. a. F/abrsitnurnba af Samples-speeified in the Speeifieatiers. 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. Cleafly identify each &a-.vzple as to fn c�ial, F/appli„ , dam w satalog ftumberc the use for- •T h eh intendedd oth✓r data as Engineer- may r-eq-tfir-e to ena Engineer- tor-eview dh, —mlxn ttal f the limited p o re"ifed by D.,,-.,..,-.,,.,1, ti 1 7 r, B. WheFe a cop Dm. or Fiamplo is mquked by the Contraet Doeuments or the Sehedule F/aIx-mittall, arzy related Work porf prior- t Engineer's ro o and appr-oval of the ret4i en4 submittal will be at the sole expense and responsibility of CopAfuetor, 1. Befoio oubmitting eaeh Shop Drawing or FiamjJ.e or ohall ha. Id and eeordinated eaeh clop Drvi'v ng or Earsple with other- clop Dnn.41qgs and Samples .,,,a with the requirements f the Work andandthe r`,,,,tfaet TL,etff e ts; t, f a all f: t, t; es a n. etern}ine a. :'eriaccr-c^nrzr "^ccr�areli�en o, gL'lanticic,� en§i: "�peEl�ec� orf .,,,a deli .n erito7iea, installati,,, ro I ts, ,v,a4e fWs, e t.,log numbers, and c rmi lar inf ,.,n t; with fe eet t efeto-, e detefmined and verified the suitabilAy-of all materials off r-e T,4 o e t t the indieated rlie do , f br-i .,,t;os, zhipping, handling, storage, assembly, ffi,a instillation d. detefmined and vei #`led all in fofmatienr-ela6ve to GofAfaeter-'s Fesponsibilities for mzano, mathods,teehniques, sequeneeo, and praeedwes of eonstruetiornnd safety pfeeatAions and pr-o-gu:Tiz inside t thereto 2. E ah submittal ohall bear a stamp or peeifie "tten eertifisatien-that Eontraeter-has review and approval of that submittah 3. W4h each vabmittal, Gontr-aetcc zhall give Engineer- speeifie wfitten notiee of any variations tlmthe Shop D,wringor Fn p; may have r- the equir-ements Of the Contaec Ito. Thiz nadeo ohall bo both a .rrAlen-eommunisatiorrso-parato ffem-the Shop Dfawingo or Ea,.�p;o cubmmtval; and, is addition, by ., eeif e n0tat;,,,, MadeOfl eaeh chop Drawing r>r &ampl:-vabm. i f E3p Dru .virgs--and Fiamplos in meefdanee T.it,, the Sehedule f F/jbmitta o,. able t l~rgine n Engintereview and a .,1 will be only to detefmine if the items eover-ed by the sibmittals will, a or irttallati the Wxfkeenfefmrto the infbnnation-g an ir. Pit r,.nt,aet r,,.etff en4s and be , ,.a4ible coin ' 2. ' cana, methods,, or-preee eenstmetien(exeeptw-hen a partic-ular mwarz, method, teehnigae, sequenee, or- pr-eeediffe of omtruai 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 Contact Documents) or t safety pfeeatifiens z in,.;a�eto. TN. raview and approval of a separate .rn az F/jeh will not indieate approval ef o auncmla,, in whieh the item fidnetions-. 3. Engineer's review and apprwval shall relieve Coftraeterfrom ooponoibility-any ,variation ffor the ,-equines-r��tits f the Gorr, aet T,, et ff,. en4s unless Gorr,.,,, for has , ,.h ,it1, the requirements of Pam mph 6.17.C.3 n Efiginoc hao given " on approval o€ eac'., mch. variation Shop or Fiamplo. Engineer's review and approval ohall nat relieve Co flt-.-a tlor- Irof., res-pomsiNlit, for eoraplying with theFe"irefnefAs of Paragraph 6, 7r , 1. Contraet.-IT z' 11:rnolo soffeeti ns r-equired by Engineer and 31mll return the ro red nur bor of eerreeted eepies f Shop Dm»gs--and oubmit, .,re"ired, „ Samples for reviewn approval. G.,fA, aet.D z�lm11 direet speei#ie attention in writing to revisions or than the eerreetiens . alle., for by Engineer e e ,;ouo oubmit 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. A. Contraeter=warrants 3 that A Work will be in aeeo ee with the C,.,,t, aet r,,,,.,,.net4s and will not be de f eti o. Dnginter and its offieers, direeters, raeraber-,, partners, employees, agents, orvallunt��rnd b t'� chv11 b. efi4itled to rely on , � �l�c�n*fa�: representation of Contra r'o 1. abune, moo-x, or irspropo ram\xt-en nee or operation by persons other than r nt,..,ete ,Subeentfaetoro, &apipliors, -or-and' other indivi"al or entity for . -her., Gentraeter is roopom-iNo; er C. Contrae c 'o obligation rm --,zA senTiete-the orlr ir. azee ee with the Gentaet Deettments shall be abseliite. Neneef the following will eenstitute an aeeeptaneeef WE)f-k that is not in aeeoFdanee with the C-on#aet Doe eats -a a ral-ase of Contraetor'z obligation to perform the Work in aeeerdanee with the Contraet Deetirneats.! F�!�assrr�s�resr.�!tisf•�ee�s� 2. r-eeenurlendation by Engineer or payment by Owner of any final px;w&i4-, 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--.—tl. moans 4. ese of wmpanoy of the Work or- any pa44 thereof by Ownef; 5. any review and approval of a Shop Dmv ingor &am„lo —,,1.mitta ^r O ioauan e of a rotie-e of --ptaLylit,,, 6. any inspection, tossor- approval by others; • $. In any and all elaims against Owner or E gine�r of their ieels�eetom, momber� paftncm, omp to, or oub efit+ et by any employee (of the poamorxz :epFesefAative of suehemployee) orGoatmeter, c, eontf:aetef:, , 0 any individi ci e-itit-Y G\-M an, e Waal, or as;,^ e for- whose aets . rsay bo fiva le, the rode ni , atio obligation , rdeF A 91mll not bo limited in any on tho am , Sti,pplief, of other- indivi"al or- entity tfflder- ' eempensation aets7dimb/ifity benefit aetsT other- e -,levee benefit aetom Bar lagraph 6.20.1 chill nat extend to *'�^ liability r a l t� �y--or�gme��gme E eEter� ate, p ��ne�er3�p�e�xgen� the „ ,..,tier -- apy~v,.,i ^r ^r the f ilufe *o pm-pzo or apnm vo r sapo,'TDcvuingo, clpin�o:l 2. giving dir-eetions E)r- ifistfuetions, Ew failing to give them, if tha4 is o p.A-'.%ar,, eattse of the it�� of damage. 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 A. Centraeter- will not be r-e"ired to provide professional design ser--viees unless stieh serviees are sped#ill"'�equir-thee}traet Dee el is for- a portion of the l-or unload vah required to early a�4 , s responsibilities for- eenstpaetion means, , u if professional dwigS zar-viewor- ,.o..Eifieations by a design professional Felated •1 systems, O.,Ng e - and R giwo, 11.411 speeify all per-fofmanee and design eritaciz that vast, set=viees ,st heense of ss onal, whale -signature and sea4 3ha11 appear- z.11 d v, .vi s,, ,..,1,.u4atton , speeif e-atiens, eertifre-atiens, Sh-p Mwi ings-a etkn val nit+als „ fed by suesueh professional. -Shop Drm ,inn ra oth-- ;ubmittara rolated to Work designed or- ee#ified by suek professional, if pre -pared by ethers7-ahall boar aushpre€essional'a appr^�o en „>,mit4oa to Engineer-. C. Owner and Enginvcoxr shall be entitled t rely upon tho a , the se v eer-ti fie Lionsor- approvals per-fofmed by suesueh &cign pra€essio:s\ata, pr,yidea Ownef Mi ft oatislf�- D. Pu-,auant-te--this I- mgfapk-6.21, Pngin.er-'s r-eview aiid appf:eval ef design ealettlatioro and design dru»ingz will bo anly for -the limited of eheek for- -ee ne h perfefma-neez and design eritoria given -and -the design eeneept �Drpmaaad in the Centraet Doeuments-E*gi-noor'z ravie w and appfeval-af Pnop valxwitt l�rs— e design ealeulations and design drawings) will be efily f r tho p'arpo39--stated in llamgr-aph 6.17.D. 'T. E. Cen#ae cc a'ia1l -xat be responsible for- -the -adeq f the perf }ee gm cfizeria 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 parry 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 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.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. Engineer- will hwe attt4efity to r-ejeet Wefk w-hieh Engineer- believes to be defeetive, or- that Engineer believes will not produee a eempleted Prejeet that eenfemis to the Cent -Fact Doeumei#s or- that will pr-ejttdiee the integrity of the design eoneept of the eompleted Pr-0jeet as requkz-Wc6al inapeetion or tooting afthe Work ai od in Nragmph 13.01, who*not the Work is ft03r4eated, installed, or- eempleted. 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 provisions of any bond require notiee to be given to a sefety of any ehange affeeting the general seope of the Wo fkor- the r, ,f the Gon T,,.,.,,,. ents (inn! dire bates spor�ib;Lt<, �-am p ereaok appl;,.able bond will be adjusted t r-efle t the e ffeet of -any 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other 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 parry to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. 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 11.0I .B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 5.06.1)), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. 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 11.01.A.I or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.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 party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l .C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, 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 11.0LA.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 11.0I.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.4, 11.0 LA.5, and 11.0 LB; the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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. Proall defeetive 3A'o :k f,, h eh Owner- ar Elnneer I-,,w actual k—w-v edge will be - given toContmeton Defeetiv orl, may be r eetea eorreeted,eptoa as idea i this A t4ie1 e 13. A. • eanstier-vesa-apersonneha-ve aeeess to the Site and the Wor4 at t:easofiable times for- their- obsen, them of Gefit+aeter-'s safe� A -doo and programs so tha4 they may eompl . �: A. Coi#raeor ohall give Engineet! time!y nQtiee—of readiness- of the �x�zor all rid feetions, tests, or- appr-evals d d'\a11 :s eraith inspeetion and testing p of f e l;t.ate r roc ; eetions or- test B. 0 cc olmll ampley and -pay for- the sefviees of an independent tesfing labor-a4efy to per-fefm all o I.—S tt., or apnr,,., ls roc by the C r�,,,.,, �tfaet me is o pt. l�sPes�ro gmlxho 13.03 C and t 3 03 D below; 2. that OE)StS , rocifl e6tiO With tests or im-po .tions tea,, tod pu.-c --,&+ t P. ,-, rl, 13.04. z1.xxill b. paid as pfe 3 in Nmgmph 13. 4. an C. if Laws or- Regtila4ions of any publie body ha-,4ng jtffisdiefion r-equir-e any Wor-k (or- paft thereof) publie body, or zh.all woumo f or arrungifig and Obtaining stieh iii . eetions, tes-1J, or appro-m!-, pai all eests in eenneetion thefewith,-and-furms-.1i1 E Duo Imll bo ammnging and --NeairiVr4 and -,Ivll pay .,ll ee ts ; o t; .,, or' g and E ' ffia1l�!o cc e"ipfnen4 to be ifieoi-poFated in the Wor-k;, or- zaeeeptaneez-vnirirtj.Ala a, .�n11 designs, or'o pure 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 Aler4. Stteh ifisneeticxio, tc tej, ar-appre als abak ?� per -formed by ,. tabiu to E. if a*y Wer4 (or the wefk of others) that is to be inspeeted, tested, or- appr-eved is eover-ed by G rA,-,,eto „t1 ou4 written eoneur-fenee r>~, gineo, G r r- or shall, if requested by E, ginee F. Uneovering ork as pravidod in Pamgmph 13.03.E shall be at Cot#r^^*^r's expense unless Contraetor- has gi on En 2er- timely fietiee of Gontraetor-'s intention to eover- the Same and Engineer has not aeted with reasonable prompt ase to sueh flotiee. A. if any Work is eovered eofi4aryto the kvr-itten request of Engi-neor, it must if requested by peEted -of tested by others,-Oentraeter, afigioeer-'s Tegoe41--3hall ww , etl}e keavazlable for- ebsefv on, impeetio ^r testing as Enginec ma;,req,,;�at poi4ioa of the WME ini slur. oz-�al., and e"ipmefit. C. it is that the unEoverea Work is defeetive, Contrae or shall pa,, all ela ms eests losses Noll~ irrb b.1, not limited to all f000 and chi-ages-ori'ahitecs,-atteffleys, and other f ss onals and all „rt o ,,fbit,-atia or other disp costs) . „t , and testin5, a:,,.d of r-eplaeemefit of wME of others); and O�A or ohall be ego an apprapr-iate deer-o-wo in the Coi#fuet Pf!iee. if the parties are unable to agree as to the amotifA thef!eof, Owfief! may make a Chaim thar-efof as pfo d in Ianagfaph 10.05. D. rr d W l d b d allowed � . rr �crrC-e�epe�rr^vrn��iv euixcrte�aercvtl�'�, E6at�6lJr Ll. .. the G,,,,t, aet Pfiee or an cjAension of the Gan4faet Times, of both, difeetly a4fibtitato o'aA iZnve�cciiir expestit�,c— bserd-c"ct��, 1NUp; etion, testing,, ieplaeemefft, and ieeefistmetion.. if the dies pro umbel o t , nmki a Claim thet:e f r as pr-ovided in lfkazur 5. 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 •fiet fabr-ieated, installed, Ew eempleted, or-, if the Wc\ii I m- been r-ejeeted by Engineer, r-emove B. Wien eeffeeting defective «er4 tindef: the tefms o-f-thio Pwugmph 13.9��ph 13.9? Contrae or shall U-ce no .,etio,, that would void or tl,oo impair n,, ne s .,l , rt, and-gua -xtoe, if affy, an said Wofe off withM ane yeaf after- the date f Stibstantial Completion (c w,--\h langer- period of time as may hepreser-ibedbythe tons of any applioablo opoeial guatutrteeTequired by Con Deeffmews) of by a" o pnwicr�n af the Gowfaet Deetimews, de€eetive, ot! if thetepaif ofany damages to the l^ areas ✓aiailable fat! CetAr etet!'s use by Owner -or- ,.mitte by Laws and Reg l +ions in Bam to be Gottrae or diall promptly, without ee t toOwnet! and in aeeoManee with I—.r--pair sueh de fee ;ve'^„d or aloao; ar E�f�er�:rsisesse�r�sr�:�_ . �:eeess. _ .e�ss IV 'ncT rrxz, s he defeetive 3A'oFk eeFFeeted OF Fepaire e. the Fejeete ',oyc wmc iaa and Feplaeed. All elai eests, losseszand-danx-egoo od to all fees and ehafges V. orgir.,ocrn, r-eselt4ian s) arivn �r ay-�i wmaval and will be paid by Contfaetof� C. In -Poeial apFtiettkaf item of e"ipffl.xit is r)eased in eofiti be€ofo F/abzkant' , ma fFom a1}earlier- date if sepr-avidedinthe eeifie-ations. D. Wher-e defeetive Work (and damage to ethef Work roc/altin o,a an r-eplaeed , rao,. *hio 1%mgmph 13.97the eeffeetion „ a her-e„ndef: with r-espeet 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 E. oc'o aUli • the llamgmph. 13.97 aw in aiditio t other- ,,blig, Rio ,. w nt., The p tic Paragraph �mhall Y.,ct L�&-e�d G, a-vA,-ei „ e f .f the p v,r,ong of any plieable statute of limitation or- fvpose. A. If, inot Ial arxi replaeement of de€eeti e Work, Owner- (and, t Efigifleef,� o„datior ffilla). payment Engineer) prefers t aceept it Owner- may ,A qA r,.,,t, or shall pa;=a alaim;, oests, losses, and damages (e i,, . ,.,,t not limited to all €eec asd c�'s��es Af ei�gi mac, wohitee�, attorneys and other- professionals and all ceur-t or- afbitratton or other d ter—eselution—ce-to) attribdtaVzj to Owner-'s evalti4en of and determination to aeeopt cmok defer tive Work (sueh eeststo be appivv d by Engiileet! a v r-easonabl'-'�8-j) and fef the diminiJha7yalt e of the We E to the-exteat not et iefwise paid by CAntr e oy puymmnt ta--tbie Y, ...enee if any sueh aeeeptan ee—^vceufs pfier- toifrgii}eet!' S r-eeemmeadation-&f final pa-yi .—A, Change Order- will be isseed , ., ing the r-evisions in the Contract Documents with to the Work, and ir "..1 be entitled to aryh oa cteeepted. if the parties me unable to agree as to the amount thereof, Ownet! may make a Claim thorefef as probe) in hang ph 19.05. if the oeetifs--a€ter-sttehFeeommendrtiea, an A. if C,,,,t,..,,ter- fails iKx* � time after- tt tiee from Ef � t i iS a rZi�G�'1. .0 zn�-�crccr=wiicre�i�ivrrc� rrorrrz�rgincc� cvrrccr .; bnaph 13.96.A,f Gontraeter— fails rto perfofm the A oft 1n aeeer-lanee with the Centf Ot T—Nmi-me , or- if contfaeter- fails to eomply with aay at -her- pfevision of the Coatfaet B. in exetvising the -righ4s andBaragrapi'i 13.99, 3NNar 31.m11 peed Coatmeter- ffem all or- part of the Site, take possession of all or- paFt of the WeFk a*d Suspend Coatfaeter-'salo, aria-no-e-s-, eonstfuetion d rn-w no�, at the Site, i a iaeot:p fate in the W-Mi: all irate-vials-ai equip,.* r..nt stere3 at tho Fite or- for- whieh Ownor hao paid--Contmrteor b/at ..,.hie —A,,re elsewhere. CentraEter a'1a11 allonOwner's Tepentativa „'�3��& Owner- t o e the rights a,a edk , , �de the 1%mgr-ap4} G. All _o4airm, casts, losses, g brat nat limited toallfees -and— Jlmrgos of eagme€r-s,-a ehiteets, attemey s, and otheF pFofessional?. and, of aibitfatioN or O*'��r auAaixed by Ow-nef the fights and Feffiedies- uader—thi-z Bamgmph 13.09 will be ehargedagaixst Ceatfaeter, and a G geOr-deF will be Al ri a n a r t,..,,.t Pfieo if ,-ties �-orb-icinrcrdc�i entitled � an ap%N�'"vpriatezceE�e-aSezir cvrrcrzzccrricczr e�3irrcrcr 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 djuct,mm.t, provided in Namgfaph 10.05. &aah olaim2;, aests, loaaoz and damages will inelude but not be limited to all osts o rropax 0plaeefnefA of work of others destfoye or -damaged by premoval, o replacement D. e --T zliall sat bo all.,3wed an extension of the CofAfaet Times b.eea- se f any delay i the per-fofmance of the �x� attribacable t the 0 e by nvffie,. f nvffler's rights an r-emedi tmder thiz 1%mg-, aph 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. I 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.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 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. C,.,,,,-.,, tar- warrants and guarantees that title t all W3rk, matarialo, an any Applieation for- D,,.,,nenl whether- ; ,-.,tea i the Pr-ojeet o of till prow t o later- than the tifne ,.fpayment fee and clear f an 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. Pf-iof- to SiAstanfial Completion of all the Work, Ov,%er- may use or- eeeiipy ruLmtantiall: 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 which Owner-, Engineer-, a -ad Gentfaeter- agree eenstittAes a separately funetioning and usable oni thole ito int inter-fer-enee with tfaEter-'s per-fefmanee of the r-emainaer- of the ub;e � following nditions- su;Jn pal of the Work = h ehOwner believes tobe ready fers4tefided DU and substaffti '�somplete if and whenCof}traeter—agmie that Flashes t of the Work is. Paragraph 14.04.A thfough D for- that part of the Work. 2.Centmeto: atiar. ;mime ,Y, notify Owner- and Engineer- ; writing that Gent..,, ter considers any sueh p—aft, of the Work ready for- its it#ended use and Substantially eomplete and request Eagineef to issue a cer-tifieate of Substantial Completion for- that part of the Work. 3. Within a r-easonable time after- either- stieh > > and Engineer- shall make ffi inspeetion of that part of the Work to detefmine its sta�us ef eempletien. if En i 9vffiei- and C—entr-aeter- in vffiting giving he reasons ther-ef �; tit "a of the Wofk to bes4stat#'complete, the N 44kaf g ph 1 appJi;—Aith r-espeet to eer-tifieation of Substantial Gempletion of that paFt of the Work and the division e responsibility in wTost ther-eof and aeeess thereto-. 4. '�erc%N-u.,angy r sepafate oper-4ien ef paft ef the orli eomplianse with the requia��nt&-o�gmph 5.10 regarding ing „ „e imaumnac- A. Upon "aen netiee ffem Gentraeter that —the —entlfe Wefk or an Weed efts ,,, thereof ; eemplete, Engineer- will pr-emptly make a final inspeetion with Owner- and Centfaeter- and will notify Gentfaeter- in f all purtiularo in -��hioh thi& inopaefien r- oalo tint the-Wr msemplete-or-defeetive. QmAraeter a'sa11 irzxmdiately take suesueh measufoi ao am noeessat=y to eomploto us . 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 10.05.13 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 party 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. Whenevor any provision of the Contmet r,,,,,,,ments requiroa thegiving of written notiee, it will be deemed to hewe been validly g ; f- r�:r�Errr_s��: me A: A The dt4ies and oblig t;oif irnpased by those !'!enef.,l /''.,,.,bons and the rights .,n r-emedieFi ;l.,b a 1,e -et n aef to tho pait�I ker-ete-«addition to, andZi-r-e not to be sefistfl d ir. arr,, way x a li,.v�,it-atien of-, a+iy -rights a*d fe edies available to -any or -L of the „hie otherwise imposed or- 'ailkhio by , or- by ether pr-evisi ns of the C-errtraetDoe ef4s. The „ ef-dhio BaragrII v.,ill be x effeetive & parsty , r > byor- given , in aeee ee with the -EentraetDeettments, as we l w all eontinuing r ntr-actBeetiffiefitS, ill va:-JiTJ. fr-na1 payment, eempletien,-and aeeeptafiee of the «per tei:fflination Of eefffplefioli of the colitfaet of orm:�iisatian of the sefviees ofCent,-, ete 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 Page 1 of 10 SUPPLEMENTARY CONDITIONS Supplementary Conditions These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract — Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times — is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner — as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 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.B of the General Conditions: PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 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: "Preliminary Geotechnical Exploration — Palmilla Springs... ALPHA Report No. W183386". a. All of the information in such drawings constitutes "technical data" on which Contractor may rely. D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC4.04 UNDERGROUND FACILITIES Add the following language to the beginning of Paragraph 4.04.B of the General Conditions: "Contractor shall contact the city water & sewer and public works departments and utility companies which have a franchise to operate in the area of the project site and shall determine the location of their facilities at or contiguous to the site and shall protect same from damage during construction." SC4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS Delete Paragraphs 4.06.A and 4.063 in their entirety and insert the following: PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 4 of 10 A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. SC5.01 PERFROMANCE, PAYMENT AND OTHER BONDS Delete Paragraph 5.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.02. SC5.02 LICENSED SURETIES AND INSURERS Delete Paragraph 5.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.01. SC5.03 CERTIFICATES OF INSURANCE Delete Paragraph 5.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.03. SC5.04 CONTRACTOR'S INSURANCE Add the following language at the end of the Paragraph 5.04.B.6.b: "Contractor shall include the Engineer and their designee as additional insured." SC5.06 PROPERTY INSURANCE Delete Paragraph 5.06 in its entirety. SC5.09 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE Delete Paragraph 5.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 4.05. SC6.01 SUPERVISION AND SUPERINTENDENCE Delete Paragraph 6.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.01. SC6.02 LABOR; WORKING HOURS Delete Paragraph 6.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.02. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 5 of 10 SC6.03 SERVICES, MATERIALS AND EQUIPMENT Delete Paragraph 6.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.03. SC6.04 PROGRESS SCHEDULE Delete Paragraph 6.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.04. SC6.05 SUBSTITUTES AND "OR -EQUALS" Delete Paragraph 6.05 its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.05. SC6.06 CONCERNING SUBCONTRACTORS AND SUPPLIERS Delete Paragraph 6.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.07 and insert the following: "Owner may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's application for payment." SC6.07 PATENT FEES AND ROYALTIES Delete Paragraph 6.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.09. SC6.09 LAWS AND REGULATIONS Delete Paragraph 6.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.10. SC6.11 USE OF SITE AND OTHER AREAS Delete Paragraph 6.11 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.11. SC6.12 RECORD DOCUMENTS Delete Paragraph 6.12 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.12. SC6.13 SAFETY AND PROTECTION Delete Paragraph 6.13 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.13. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 6 of 10 SC6.14 SAFETY REPRESENTATIVE Delete Paragraph 6.14 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.14. SC6.15 HAZARD COMMUNICATION PROGRAMS Delete Paragraph 6.15 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.15. SC6.17 SHOP DRAWINGS AND SAMPLES Delete Paragraph 6.17 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.16. SC6.19 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE Delete Paragraph 6.19 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.17. SC6.20 INDEMNIFICATION Delete Paragraph 6.20 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.18 and insert the following: CONTRACTOR ASSUMES ENTIRE RESPONSIBILITY AND LIABILITY FOR, AND AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INSURERS HARMLESS FROM, ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, ATTORNEYS' FEES, LITIGATION EXPENSES, CAUSES OF ACTION, DEMANDS, LOSSES AND/OR DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY INCIDENTAL TO THE PERFORMANCE OF WORK OR SERVICES UNDER THIS CONTRACT BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, AGENTS, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS PROVISION APPLIES WITH FULL FORCE AND EFFECT FOR ANY AND ALL CLAIMS, DEMANDS, ALLEGATIONS OR ACTIONS FOUNDED IN WHOLE OR IN PART FROM THE NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS, OR ALLEGED NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACTS, OF OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, AS WELL AS CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES AND INDEPENDENT CONTRACTORS. THIS INDEMNITY PROVISION IS TO BE CONSTRUED AS BROADLY AS POSSIBLE TO INCLUDE ANY AND ALL LIABILITIES, CLAIMS, COSTS, EXPENSES, JUDGMENTS, CAUSES OF ACTIONS, DEMENDS, LOSSES, AND/OR WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, CAUSES OR ACTION AND DAMAGES SOUNDING IN TORT, PERSONAL INJURIES, PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 7 of 10 CONTRACT DAMAGES, ECONOMIC DAMAGES, STRICT LIABILITY, STRICT PRODUCTS LIABILITY AND PRODUCTS LIABILITY, COMMON LAW NEGLIGENCE AND GROSS NEGLIGENCE, INTENTIONAL TORTS, FEDERAL AND STATE STATUTORY AND COMMON LAW PUNITIVE AND/OR MULTIPLIED DAMAGES, WORKERS' COMPENSATION CLAIMS, CLAIMS UNDER THE TEXAS TORT CLAIMS ACT, EMPLOYMENT DISPUTES, WRONGFUL DISCHARGE, FEDERAL AND STATE CIVIL RIGHTS CLIAMS, CLAIMS FOUNDED IN CONTRACT OR QUASI - CONTRACT, BREACH OF WARRANTY, CLAIMS UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-COMSUMER PROTECTION ACT, AND ANY AND ALL CLAIMS, CAUSES OF ACTION OR DEMANDS, WHEREBY ANY LOSS IS SOUGHT AND/OR INCURRED AND/OR PAYABLE BY OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND/OR INSURERS. THIS PROVISION IS TO BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, AND IT IS EXPRESSLY RECOGNIZED BY ALL PARTIES TO THE CONSPICUOUSNESS REQUIREMENT AND THE EXPRESS NEGLIGENCE TEST, AND IS VALID AND ENFORCEABLE AGAINST CONTRACTOR, CONTRACTOR'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS. CONTRACTOR HAS READ, FULLY UNDERSTANDS, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PROVISION AND THE INDIVIDUAL SIGNING THIS CONTRACT ON BEHALF OF CONTRACTOR HAS FULL AUTHORITY TO BIND CONTRACTOR TO THIS CONTRACT AND THIS INDEMNITY PROVISION CONTAINED HEREIN. IT IS FURHTER RECOGNIZED AND AGREED THAT, SHOULD ANY PARTICULAR PORTION OR PROVISION OF THIS INDEMNITY PROVISION BE HELD INVALID, VOID AND/OR UNENFORCEABLE, IT SHALL NOT EFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINDER OF THIS PROVISION. CONTRACTOR AGREES TO MAINTAIN AT CONTRACTOR'S SOLE COST AND EXPENSE, INSURANCE OF ANY AND ALL TYPE AND WITH MINIMUM LIMITS AS FOLLOWS, AND FURNISH CERTIFICATES TO OWNER EVIDENCING SUCH INSURANCE WITH INSURERS ACCEPTABLE TO OWNER: ALL INSURANCE COVERAGES CARRIED BY THE OWNER, WHETHER OR NOT REQUIRED HEREBY, SHALL EXTEND TO AN PROTECT OWNER, OWNER'S AGENTS, EMPLOYEES, REPRESENTATIVES, AND INDEPENDENT CONTRACTORS, TO THE FULL EXTENT OF SUCH COVERAGES AND CONTRACTOR AGREES TO NAME OWNER AS AN ADDITIONAL INSURED UNDER EACH SUCH INSURANCE COVERAGE. SAID INSURANCE SHALL APPLY TO ANY AND ALL LIABILITY OF THE CONTRACTOR, CONTRACTOR'S AGENTS, REPRESENTATIVES, EMPLOYEES, AND/OR INDEPENDENT CONTRACTORS, ARISING FROM THE INDEMNITY PROVISION IN THIS SECTION. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 8 of 10 HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. SC6.21 DELEGATION OF PROFESSIONAL DESIGN SERVICES Delete Paragraph 6.21 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 5.19. SC9.05 REJECTING DEFECTIVE WORK Delete Paragraph 9.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 8.03. SC10.04 NOTIFICATION TO SURETY Delete Paragraph 10.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 9.02. SC11.03 UNIT PRICE WORK Add the following new paragraph immediately after Paragraph 11.03.A: "Any and all Work specifically called for in the Contract Documents or which is required for the proper construction of items called for in the Contract Documents is to be performed by Contractor unless specifically indicated otherwise. The cost of all work for which there is no separate pay item in the proposal shall be included in the price for a related pay item such that work called for or required by the Contract Documents will be constructed for the Contract Price." SC13.01 NOTICE OF DEFECTS Delete Paragraph 13.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.01. SC13.02 ACCESS TO WORK Delete Paragraph 13.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.02. SC13.03 TESTS AND INSPECTION Delete Paragraph 13.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.03. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 9 of 10 SC13.04 UNCOVERING WORK Delete Paragraph 13.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.04. SC13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK Delete Paragraph 13.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.06. SC13.07 CORRECTION PERIOD Delete Paragraph 13.07 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.07. SC13.08 ACCEPTANCE OF DEFECTIVE WORK Delete Paragraph 13.08 in its entirety. SC13.09 OWNER MAY CORRECT DEFECTIVE WORK Delete Paragraph 13.09 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 11.08. SC14.02 PROGRESS PAYMENT Revise the first sentence of Paragraph 14.02.A.1 to read as follows: "At least thirty (30) days before each progress payment,...." SC14.03 CONTRACTOR'S WARRANTY OF TITLE Delete Paragraph 14.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.01. SC14.05 PARTIAL UTILIZATION Delete Paragraph 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.02. SC14.06 FINAL INSPECTION Delete Paragraph 14.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 SUPPLEMENTARY CONDITIONS Page 10 of 10 SC17.01 GIVING NOTICE Delete Paragraph 17.01 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.01. SC17.02 COMPUTATION OF TIMES Delete Paragraph 17.02 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.02. SC17.03 CUMULATIVE REMEDIES Delete Paragraph 17.03 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.03. SC17.04 SURVIVAL OF OBLIGATIONS Delete Paragraph 17.04 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.04 SC17.06 HEADINGS Delete Paragraph 17.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 14.06. PALMILLA SPRINGS PHASE 7 CITYPROJECT NO 104232 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: None Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: None Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence:: None Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 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. L7 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 Recommended Not recommended By Date Remarks Date Rej ected Recommended Received late CITY OF FORT WORTH PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 Revised July 1, 2011 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 o£ 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS PHASE 6 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT No. 103612 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 PALMILLA SPRINGS, PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104232 Revised December 20, 2012 0241 13 - 2 SELECTIVE SITE DEMOLITION Page 2 of 5 1 a. Remove Sidewalk: full compensation for saw cutting, removal, hauling, 2 disposal, tools, equipment, labor and incidentals needed to execute work. 3 Sidewalk adjacent to or attached to retaining wall (including sidewalk that acts 4 as a wall footing) shall be paid as sidewalk removal. For utility projects, this 5 Item shall be considered subsidiary to the trench and no other compensation 6 will be allowed. 7 b. Remove Steps: full compensation for saw cutting, removal, hauling, disposal, 8 tools, equipment, labor and incidentals needed to execute work. For utility 9 projects, this Item shall be considered subsidiary to the trench and no other 10 compensation will be allowed. 11 c. Remove ADA Ramp and landing: full compensation for saw cutting, removal, 12 hauling, disposal, tools, equipment, labor and incidentals needed to execute 13 work. Work includes ramp landing removal. For utility projects, this Item shall 14 be considered subsidiary to the trench and no other compensation will be 15 allowed. 16 d. Remove Driveway: full compensation for saw cutting, removal, hauling, 17 disposal, tools, equipment, labor and incidentals needed to remove improved 18 driveway by type. For utility projects, this Item shall be considered subsidiary 19 to the trench and no other compensation will be allowed. 20 e. Remove Fence: full compensation for removal, hauling, disposal, tools, 21 equipment, labor and incidentals needed to remove fence. For utility projects, 22 this Item shall be considered subsidiary to the trench and no other 23 compensation will be allowed. 24 f. Remove Guardrail: full compensation for removing materials, loading, hauling, 25 unloading, and storing or disposal; furnishing backfill material; backfilling the 26 postholes; and equipment, labor, tools, and incidentals. For utility projects, this 27 Item shall be considered subsidiary to the trench and no other compensation 28 will be allowed. 29 g. Remove Retaining Wall (less than 4 feet tall): full compensation for saw 30 cutting, removal, hauling, disposal, tools, equipment, labor and incidentals 31 needed to execute work. Sidewalk adjacent to or attached to retaining wall 32 (including sidewalk that acts as a wall footing) shall be paid as sidewalk 33 removal. For utility projects, this Item shall be considered subsidiary to the 34 trench and no other compensation will be allowed. 35 h. Remove Mailbox: full compensation for removal, hauling, disposal, tools, 36 equipment, labor and incidentals needed to execute work. For utility projects, 37 this Item shall be considered subsidiary to the trench and no other 38 compensation will be allowed. 39 i. Remove Rip Rap: full compensation for saw cutting, removal, hauling, 40 disposal, tools, equipment, labor and incidentals needed to execute work. For 41 utility projects, this Item shall be considered subsidiary to the trench and no 42 other compensation will be allowed. 43 j. Remove Miscellaneous Concrete Structure: full compensation for saw cutting, 44 removal, hauling, disposal, tools, equipment, labor and incidentals needed to 45 execute work. For utility projects, this Item shall be considered subsidiary to 46 the trench and no other compensation will be allowed. 47 k. Remove Signage/Barricade: full compensation for removal, hauling, disposal, 48 tools, equipment, labor and incidentals needed to remove signage and/or road 49 barricade. For utility projects, this Item shall be considered subsidiary to the 50 trench and no other compensation will be allowed. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104232 Revised December 20, 2012 0241 13 - 3 SELECTIVE SITE DEMOLITION Page 3 of 5 1 1.3 REFERENCES 2 A. Definitions 3 1. Improved Driveway: Driveway constructed of concrete, asphalt paving or brick unit 4 pavers. 5 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 6 1.5 SUBMITTALS [NOT USED] 7 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE [NOT USED] 1 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 16 2.2 MATERIALS 17 A. Fill Material: See Section 3123 23. 18 2.3 ACCESSORIES [NOT USED] 19 2.4 SOURCE QUALITY CONTROL [NOT USED] 20 PART 3 - EXECUTION 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 REMOVAL 25 A. Remove Sidewalk 26 1. Remove sidewalk to nearest existing dummy, expansion or construction joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 28 B. Remove Steps 29 1. Remove step to nearest existing dummy, expansion or construction joint. 30 2. Sawcut when removing to nearest joint is not practical. See 3A.K. 31 C. Remove ADA Ramp 32 1. Sawcut existing curb and gutter and pavement prior to wheel chair ramp removal. 33 See 3.4.K. 34 2. Remove ramp to nearest existing dummy, expansion or construction joint on 35 existing sidewalk. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104232 Revised December 20, 2012 0241 13 - 4 SELECTIVE SITE DEMOLITION Page 4 of 5 1 D. Remove Driveway 2 1. Sawcut existing drive, curb and gutter and pavement prior to drive removal. See 3 3.4.K. 4 2. Remove drive to nearest existing dummy, expansion or construction joint. 5 3. Sawcut when removing to nearest joint is not practical. See 3.4.K. 6 4. Remove adjacent sidewalk to nearest existing dummy, expansion or construction 7 joint on existing sidewalk. 8 E. Remove Fence 9 1. Remove all fence components above and below ground and backfill with acceptable 10 fill material. 11 2. Use caution in removing and salvaging fence materials. 12 3. Salvaged materials may be used to reconstruct fence as approved by City or as 13 shown on Drawings. 14 4. Contractor responsible for keeping animals (livestock, pets, etc.) within the fenced 15 areas during construction operation and while removing fences. 16 F. Remove Guardrail 17 1. Remove rail elements in original lengths. 18 2. Remove fittings from the posts and the metal rail and then pull the posts. 19 3. Do not mar or damage salvageable materials during removal. 20 4. Completely remove posts and any concrete surrounding the posts. 21 5. Furnish backfill material and backfill the hole with material equal in composition 22 and density to the surrounding soil unless otherwise directed. 23 6. Cut off or bend down eyebolts anchored to the dead man to an elevation at least I - 24 foot below the new subgrade elevation and leave in place along with the dead man. 25 G. Remove Retaining Wall (less than 4 feet tall) 26 1. Remove wall to nearest existing joint. 27 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 28 3. Removal includes all components of the retaining wall including footings. 29 4. Sidewalk adjacent to or attached to retaining wall: See 3.4.A 30 H. Remove Mailbox 31 1. Salvage existing materials for reuse. Mailbox materials may need to be used for 32 reconstruction. 33 I. Remove Rip Rap 34 1. Remove rip rap to nearest existing dummy, expansion or construction joint. 35 2. Sawcut when removing to nearest joint is not practical. See 3.4.K. 36 J. Remove Miscellaneous Concrete Structure 37 1. Remove portions of miscellaneous concrete structures including foundations and 38 slabs that do not interfere with proposed construction to 2 feet below the finished 39 ground line. 40 2. Cut reinforcement close to the portion of the concrete to remain in place. CITY OF FORT WORTH PALMILLA SPRINGS, PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITYPROJECT NO. 104232 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0241 13 - 5 SELECTIVE SITE DEMOLITION Page 5 of 5 3. Break or perforate the bottom of structures to remain to prevent the entrapment of water. K. Sawcut 1. Sawing Equipment a. Power -driven b. Manufactured for the purpose of sawing pavement c. In good operating condition d. Shall not spall or fracture the pavement to the removal area 2. Sawcut perpendicular to the surface completely through existing pavement. L. Remove Signage/Barricade 1. Salvage existing materials for reuse. Materials may need to be used for reconstruction. 3.5 REPAIR [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A.2. Modified Payment - Items will be subsidiary to trench on utility projects 1/3/2014 J. Bengfort Modified to include removal of signage and road barricades CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 PALMILLA SPRINGS, PHASE 7 CITYPROJECT NO. 104232 333960-1 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 1 — 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 PALMILLA SPRINGS PHASE 7 City Project No. 104232 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 PALMILLA SPRINGS PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104232 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 [ox] 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 PALMILLA SPRINGS PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104232 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 PALMILLA SPRINGS PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104232 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 PALMILLA SPRINGS PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104232 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 PALMILLA SPRINGS PHASE 7 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104232 Revised December 20, 2012 GC-4.02 Subsurface and Physical Conditions (Geotech Report) GEOTECHNICAL EXPLORATION PALMILLA SPRINGS PHASE 7 Off Chapin Road Fort Worth, Texas UES Report No. W241586 July 3, 2024 Prepared for: HMH PALMILLA SPRINGS DEVELOPMENT, INC. — PH 7 1038 Texan Trail Grapevine, Texas 76051 Attention: Mr. Jacob Daleiden Prepared By: /10 uEs. Environmental Geotechnical Engineering Materials Testing Field Inspections & Code Compliance Geophysical Technologies July 3, 2024 HMH Palmilla Springs Development, Inc. — Ph 7 1038 Texan Trail Grapevine, Texas 76051 Attention: Mr. Jacob Daleiden Re: Geotechnical Exploration Palmilla Springs Phase 7 Off Chapin Road Fort Worth, Texas UES Report No. W241586 Attached is the report of the geotechnical exploration performed for the project referenced above. This study was authorized by Mr. Jacob Daleiden on May 24, 2024 and performed in accordance with accordance with UES Professional Solutions 44, LLC (hereinafter UES) Proposal No. 105025, dated May 24, 2024. This report contains results of field explorations and laboratory testing and an engineering interpretation of these with respect to available project characteristics. The results and analyses were used to develop recommendations to aid design and construction of residential foundations. UES Professional Solutions 44, LLC appreciates the opportunity to be of service on this project. If we can be of further assistance, such as providing materials testing services during construction, please contact our office. Sincerely, UES PROFESSIONAL SOLUTIONS 44, LLC Z�OfS0 F N� ... OF ..*..:......---....---- ...... / BRIAN... H 0 Y T ? ................................ 110748 104 July 3, 2024 Karina Cohuo Geotechnical Project Manager KC/BJ H Copies: (1-PDF) Client 44� Brian J. Hoyt, P.E. Area Managing Director 5058 Brush Creek Rd I Fort Worth, TX 761191 ph 817-496-5600 TeamUES.com UES REPORT NO. W241586 1.0 PURPOSE AND SCOPE......................................................................................................... 1 2.0 PROJECT CHARACTERISTICS................................................................................................ 1 3.0 FIELD EXPLORATION............................................................................................................ 2 4.0 LABORATORY TESTS............................................................................................................ 2 5.0 GENERAL SUBSURFACE CONDITIONS................................................................................. 2 6.0 DESIGN RECOMMENDATIONS............................................................................................3 6.1 Existing Fill and Possible Uncontrolled Fill.............................................................. 4 6.2 Slab Foundations and Potential Seasonal Movements .......................................... 4 6.2.1 Subgrade Improvement Using Moisture -Conditioning in Zone II ............... 6 6.3 Post -Tensioning Institute, Design of Post -Tensioned Slab -on -Grade ..................... 7 6.4 Drainage and Other Considerations....................................................................... 7 7.0 GENERAL CONSTRUCTION PROCEDURES AND guidelines .................................................. 8 7.1 Site Preparation and Grading.................................................................................. 8 7.2 Foundation Excavations........................................................................................ 10 7.3 Fill Compaction..................................................................................................... 10 7.4 Utilities..................................................................................................................11 7.5 Groundwater.........................................................................................................12 8.0 LIMITATIONS.....................................................................................................................12 APPENDIX A-1 Methods of Field Exploration Boring Location Plan — Figure 1 B-1 Methods of Laboratory Testing Logs of Borings Key to Soil Symbols and Classifications 1.0 PURPOSE AND SCOPE The purpose of this geotechnical exploration is for UES PROFESSIONAL SOLUTIONS 44, LLC (UES) to evaluate for HMH Palmilla Springs Development, Inc. — Ph 7 (Client) some of the physical and engineering properties of subsurface materials at selected locations on the subject site with respect to formulation of geotechnical design parameters for the subject construction. The field exploration was accomplished by securing subsurface samples from widely spaced test borings performed at the project site. Engineering analyses were performed from results of the field exploration and laboratory tests performed on representative samples. In addition, results of a Geotechnical Exploration (Report No. W211427 dated July 16, 2021) were reviewed as part of this current study. Also included are general comments pertaining to reasonably anticipated construction problems and recommendations concerning earthwork and quality control testing during construction. This information can be used to evaluate subsurface conditions and to aid in ascertaining construction meets project specifications. Recommendations provided in this report were developed from information obtained in the test borings depicting subsurface conditions only at the specific boring locations and at the particular time designated on the logs. Subsurface conditions at other locations may differ from those observed at the boring locations, and subsurface conditions at boring locations may vary at different times of the year. The scope of work may not fully define the variability of subsurface materials and conditions that are present on the site. The nature and extent of variations between the borings and other areas of the site may not become evident until construction. If significant variations then appear evident, our office should be contacted to re-evaluate our recommendations after performing on -site observations and possibly other tests. 2.0 PROJECT CHARACTERISTICS It is proposed to develop a residential subdivision (Palmilla Springs Phase 7) on a tract of land located on the southeast corner of Plumbago Drive and Cacao Drive in Fort Worth, Texas. A site plan illustrating the subject site is provided as Figure 1, the Boring Location Plan, in the Appendix. At the time of the field exploration, the site generally consisted of graded lots. Historical aerial images available from Google Earth° indicate grading/clearing occurred on the site. A stockpile of fill was observed in the southeastern portion of the site. No other information regarding previous development prior to regarding of the site was provided to us. Grading plans prepared by Teague, Nall and Perkins, Inc. (dated March 2021, Project No. HIS22107, Sheet No. 36, 37 and 38) indicate the site slopes down towards the southwest about 8 ft (approximate elevation 751 ft to 743 ft). These grading plans also indicate fills of up to 5 ft will be required to achieve final grade in the building pad areas. A stockpile of soil, about 13 ft 1 tall, is also apparent in the southeastern area of the site. We understand this stockpile will be used to achieve final grade in the building pads. Present plans provide for the construction of new residential buildings. The new structures are expected to create light loads to be carried by the foundations. We understand the new structures will be supported using post -tensioned slab -on -grade foundations designed for potential seasonal movements of 4% inches or less. No below grade slabs are planned. [:KIIIIIIIII91a4110:1:2119]:L111CQLI Subsurface conditions on the site were explored by drilling 16 test borings to a depth of about 15 ft. The approximate locations of the test borings are shown on the Boring Location Plan, Figure 1, in the Appendix. Details of drilling and sampling operations are briefly summarized in Methods of Field Exploration, Section A-1 of the Appendix. Subsurface types encountered during the field exploration are presented on the Log of Boring sheets included in the Appendix. The boring logs contains our Field Technician's and Engineer's interpretation of conditions believed to exist between actual samples retrieved. Therefore, these boring logs contains both factual and interpretive information. Lines delineating subsurface strata on the boring logs are approximate and the actual transition between strata may be gradual. 4.0 LABORATORY TESTS Selected samples of the subsurface materials were tested in the laboratory to evaluate their engineering properties as a basis in providing recommendations for foundation design and earthwork construction. A brief description of testing procedures used in the laboratory can be found in Methods of Laboratory Testing, Section B-1 of the Appendix. Individual test results are presented on the Log of Boring sheets enclosed in the Appendix. 5.0 GENERAL SUBSURFACE CONDITIONS Based on geological atlas maps available from the Bureau of Economic Geology, published by the University of Texas at Austin, the project site lies within the Goodland Limestone and Walnut Clay formations mapped as undivided. The Goodland Limestone and Walnut Clay undivided formation generally consists of limestone with marl (limey shale) seams and layers. The residual overburden clay soils in this formation are typically characterized by moderate to high shrink/swell potential. Subsurface conditions encountered in about half of the borings generally consisted of clay, clayey gravel and/or shaly clay to depths of about 1 ft to 14 ft below the ground surface underlain by limestone extending to the 15 ft termination depth of the borings. Subsurface conditions encountered in the remaining half of the borings generally consisted of clay and/or shaly clay extending to the 15 ft termination depth of the borings. A 3 ft thick layer of limestone was 2 encountered between the clay layers in Boring 8 at a depth of about 8 ft below the ground surface. The upper 3 ft to 11 ft of clay and clayey gravel encountered in the borings were visually classified as fill material. More detailed stratigraphic information is presented on the attached Log of Boring sheets. The granular materials (clayey gravel) encountered in the borings are considered relatively permeable and are expected to have a relatively rapid response to water movement. However, the clay, shaly clay and limestone are considered relatively impermeable and are expected to have a relatively slow response to water movement. Therefore, several days of observation would be required to evaluate actual groundwater levels within the depths explored. Also, the groundwater level at the site is anticipated to fluctuate seasonally depending on the amount of rainfall, prevailing weather conditions and subsurface drainage characteristics. Free groundwater was encountered on drilling tools during drilling in about half of the borings at depths of about 6 ft to 13 ft below the ground surface. Free groundwater was observed upon completion of drilling in the open boreholes at depths of about 14 ft to 15 ft in Borings 1, 8, 10, 11, 12, 13 and 16. The open borehole was dry immediately upon completion of drilling in Boring 7. No free groundwater was encountered in the remaining borings. It is common to encounter seasonal groundwater in fill and granular materials, from natural fractures within the clayey matrix, at the soil/rock (limestone) interface and from fractures within the rock, particularly during or after periods of precipitation. If more detailed groundwater information is required, monitoring wells or piezometers can be installed. Further details concerning subsurface materials and conditions encountered can be obtained from the boring logs provided in the Appendix. 6.0 DESIGN RECOMMENDATIONS The following design recommendations were developed on the basis of the previously described Project Characteristics (Section 2.0) and General Subsurface Conditions (Section 5.0). Should the project criteria change, our office should conduct a review to determine if modifications to the recommendations are required. Further, it is recommended our office be provided with a copy of the final building plans and specifications for review prior to construction. The following design recommendations were evaluated based on final grades as indicated on the grading plans referenced in Section 2.0. Cutting and filling on the site other than depicted on the referenced grading plans can alter the recommended foundation design parameters. Therefore, it is recommended our office be provided with final grading plans prior to construction to verify appropriate design parameters are utilized for final foundation design. 3 6.1 Existing Fill and Possible Uncontrolled Fill Existing fill was encountered in the borings to depths of about 3 ft to 11 ft below the ground surface. LIES was retained by the project developer to test fill placed in the lots (Project No. F211427). Results of our test results indicate the fill was placed in accordance with compaction recommendations in Section 7.3. Possible fill was encountered in Borings 2 and 3 at depths of about 4 ft and 8 ft below the ground surface, respectively. Based on previous grading plans and compaction records, this possible fill could be considered uncontrolled fill. In addition, a stockpile was observed in the southeastern portion of the site. Uncontrolled fill is generally not considered suitable for support of foundations due to the risk of under -compacted zones resulting in failures of weak soil and/or indeterminate levels of settlement. Any areas disturbed during removal of the existing stockpile should be re- compacted in accordance with Section 7.3. In addition, any existing uncontrolled fill should be removed from the building pad areas and replaced with engineered fill as recommended in Section 7.3. The excavated materials may be suitable for reuse as engineered fill provided they are free of organics, boulders, rubble, and other debris. Test pits should be performed to verify the presence of fill in areas where fill was not previously planned and to evaluate its suitability for re -use. 6.2 Slab Foundations and Potential Seasonal Movements Slab -on -grade foundations should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation system. A net allowable bearing pressure of 1.5 kips per sq ft can be used for all grade beams bearing on undisturbed cuts in native soil, on fill placed as recommended in Section 7.3, on a moisture improved subgrade as discussed in Section 6.2.1 or on limestone. Grade beams should bear a minimum depth of 12 inches below final grade and should have a minimum width of 10 inches considering the recommended bearing capacity. To reduce cracking as normal movements occur in foundation soils, all grade beams and slab foundations should be adequately reinforced with steel (conventional reinforcing steel and/or post -tensioned reinforcement). It is common to experience some minor cosmetic distress to structures with slab -on -grade foundation systems due to normal ground movements. A properly designed and constructed moisture barrier should be placed between the slabs and subgrade soils to retard moisture migration through the slabs. Conditions encountered in the test borings, planned grading and results of the laboratory tests reveal variations in highly expansive clay thickness and expansive properties across the site. Such variations in clay thickness and expansive properties will directly affect design parameters used for slab -on -grade type foundations. Therefore, lots with apparently common average clay thickness, similar expansive clay properties and similar corresponding estimated potential movements have been grouped into Zones I and II and delineated on the Boring Location Plan, Figure 1. 4 Subgrade improvement in the respective Zones (see Figure 1) should be performed using the information summarized in Table A. TABLE A Estimated Potential Seasonal Movements and Recommended Subgrade Improvement ZONE ESTIMATED POTENTIAL MOVEMNT, INCHES Up to4% II Upto6 IMPROVEMENT REQUIRED TO REDUCE MOVMENTS TO 4 INCHES None Required 4 ft Moisture Conditioning Potential seasonal movements were estimated using results of absorption swell tests, in general accordance with methods outlined by the Texas Department of Transportation (TxDOT) Test Method Tex-124-E and engineering judgment and experience. Estimated movements were calculated assuming the moisture content of the in -situ soil within the normal zone of seasonal moisture content change varies between a "current" condition and a "wet" condition as defined by Tex-124-E. Also, it was assumed a 1 psi surcharge load from the floor slab acts on the subgrade soils. Movements exceeding those predicted herein could occur if construction commences after an extended dry period, if positive drainage of surface water is not maintained or if soils are subject to an outside water source, such as leakage from a utility line or subsurface moisture migration from off -site locations. Samples were taken from the existing stockpile on site and tested for plasticity index. Potential seasonal movements were estimated assuming fill material used to raise the grade will consist of onsite or similar material with a plasticity index of 40 or less. If the plasticity index of material used to raise the grade is higher than 40, potential movements could be higher than our estimates. Potential movements estimated for slab foundations in Zone II (see Figure 1 for delineation of Zones) are considered outside normal design tolerances. Movement of slab foundations in this zone could be reduced to not more than 4% inches if the upper 4 ft of on -site soils and new fill below final grade are moisture conditioned then covered with an impermeable plastic barrier (polyethylene sheeting). Moisture conditioning recommendations are provided in Section 6.2.1. In choosing moisture conditioning as a method of slab movement reduction, the Client is accepting some post construction movement of slabs (about 4% inches). Therefore, the Client understands and acknowledges that in the geographical region covered by this report, a potential movement of 4% inches is considered a reasonable compromise between foundation design and construction cost and the amount of allowable movement of the foundation. 5 Please note, improvement of the existing soils using moisture conditioning with plastic sheeting is intended only for the designated building pad areas plus 5 ft beyond the building pad limits, and not the entire residential lot. Accordingly, planned residences must be exclusively constructed within 1 ft of the existing ground surface. The purpose of the plastic sheeting is to maintain the moisture of the underlying soils relatively the same from the time the plastic sheeting is placed through the time the foundation is placed. This plastic sheeting is not intended as a moisture barrier component for the actual foundation. Any such requirements should be addressed by the designer of the foundation, and should be followed by the builder. Prior to building on the improved designated building pad area, a surveyor should verify the lateral extent of the plastic sheeting and to confirm that no portion of the new residences will extend beyond the limits of the designated building pad. If any part of the slab footprint extends beyond the designated building pad, UES should be contacted for additional design recommendations. 6.2.1 Subgrade Improvement Using Moisture -Conditioning in Zone II Estimated potential movements for slab foundations constructed after grading as discussed herein in Zone II could be reduced to not more than 4% inches by moisture - conditioning the upper 4 ft of on -site soils and new fill below final grade, as recommended in Table A. Moisture -conditioning consists of over -excavating (where necessary) and/or filling with on -site soil that is compacted at a "target" moisture content between 5 and 7 percentage points above the material's optimum moisture content as determined by the standard Proctor method (ASTM D 698). Some of the onsite soils with a lower plasticity index may require compaction at a moisture content closer to optimum. UES should verify any deviation from the minimum required 5 percentage points above optimum during construction. The moisture -conditioned soil should be compacted to a dry density between 93 and 98 percent of standard Proctor maximum dry density. Moisture - conditioning with on -site soil should extend throughout the entire building pad area and at least 5 ft beyond the perimeter of the designated building pad (as indicated on the referenced project grading plans). Plastic sheeting (6 to 8 mil thickness) should be placed above the moisture -conditioned soil for long-term maintenance of the moisture content of the conditioned soil. This sheeting should be placed 8 to 12 inches below final grade and should also extend at least 5 ft beyond the perimeter of the building pad. Following completion of moisture -conditioning and placement of the plastic sheeting, estimated movements in Zone II should not exceed about 4%2 inches. The purpose of moisture -conditioning is to reduce the free swell of the moisture - conditioned soils to 1 percent or less. Additional laboratory tests (i.e., standard Proctors, absorption swell tests, etc.) should be conducted during construction to verify that the "target" moisture content for moisture -conditioning (estimated at 5 percentage points above the material's optimum moisture content as defined by ASTM D 698) is sufficient to reduce the free swell potential of the processed soil to 1 percent or less. 11 Moisture conditioning should be observed and tested on a full-time basis by a representative of UES to verify the moisture conditioned clays are placed with the proper lift thickness, moisture content, and density. 6.3 Post -Tensioning Institute, Design of Post -Tensioned Slab -on -Grade Design parameters in Table A were evaluated based on the conditions encountered in the borings and using information and correlations published by PTI Third Edition and VOLFLO 1.5 computer program provided by Geostructural Tool Kit, Inc. (GTI). TABLE B PTI Design Parameters Potential Seasonal Movement = 4% inches EDGE LIFT CENTER LIFT Edge Moisture Distance (em), ft 4.3 9.0 Differential Soil Movement (ym), inches 2.2 (swell) 1.6 (Shrink) 6.4 Drainage and Other Considerations Adequate drainage should be provided to reduce seasonal variations in the moisture content of foundation soils. All pavement and sidewalks within 5 ft of the residences should be sloped away from the structures to prevent ponding of water around the foundations. Final grades within 5 ft of the structures should be adjusted to slope away from the structures at a minimum slope of 2 percent. Maintaining positive surface drainage throughout the life of the structures is essential. In areas with pavement or sidewalks adjacent to the new structures, a positive seal must be maintained between the structure and the pavement or sidewalk to minimize seepage of water into the underlying supporting soils. Post -construction movement of pavement and flat -work is common. Normal maintenance should include examination of all joints in paving and sidewalks, etc. as well as re -sealing where necessary. Several factors relate to civil and architectural design and/or maintenance, which can significantly affect future movements of the foundation and floor slab system: • Preferably, a complete system of gutters and downspouts should carry runoff water a minimum of 5 ft from the completed structure. • Large trees and shrubs should not be allowed closer to the foundations than a horizontal distance equal to roughly one-half of their mature height due to their significant moisture demand upon maturing. 7 • Moisture conditions should be maintained "constant" around the edge of the slabs. Ponding of water in planters, in unpaved areas, and around joints in paving and sidewalks can cause slab movements beyond those predicted in this report. • Planter box structures placed adjacent to the buildings should be provided with a means to assure concentrations of water are not available to the subsoil stratigraphy. • Architectural design of the floor slabs should avoid additional features such as wing walls as extensions of the slab. • The root systems from existing or recently removed trees at this site will have dried and desiccated the surrounding clay soils, resulting in soils with near —maximum swell potential. Clay soils surrounding tree root mats in areas to be covered with at -grade slabs (including but not limited to pavement, flatwork and equipment pads) should be removed to a depth of at least 1 ft below the tree root ball. The resulting excavation should be backfilled with engineered fill as described in Section 7.3. Trench backfill for utilities should be properly placed and compacted as outlined in Section 7.4 and in accordance with requirements of local City standards. Since granular bedding backfill is used for most utility lines, the backfilled trench should not become a conduit and allow access for surface or subsurface water to travel toward the new structures. Concrete cut-off collars or clay plugs should be provided where utility lines cross building lines to prevent water from traveling in the trench backfill and entering beneath the structures. 7.0 GENERAL CONSTRUCTION PROCEDURES AND GUIDELINES Variations in subsurface conditions could be encountered during construction. To permit correlation between test boring data and actual subsurface conditions encountered during construction, it is recommended a registered Professional Engineering firm be retained to observe construction procedures and materials. Some construction problems, particularly degree or magnitude, cannot be reasonably anticipated until the course of construction. The recommendations offered in the following paragraphs are intended not to limit or preclude other conceivable solutions, but rather to provide our observations based on our experience and understanding of the project characteristics and subsurface conditions encountered in the borings. 7.1 Site Preparation and Grading Possible fill was encountered in Borings 2 and 3 at depths of about 4 ft and 8 ft below the ground surface, respectively. Based on previous grading plans and compaction records, this possible fill could be considered uncontrolled fill. In addition, a stockpile was observed in the southeastern H., portion of the site. Existing fill materials can contain organics, boulders, rubble, and other debris which could be encountered during site grading and general excavation. The earthwork and excavation contracts should contain provision for removal of unsuitable materials in the existing fill. Test pit excavations performed prior to construction can be used to evaluate the depth, extent and composition of existing fill at this site. UES would be pleased to provide this service if desired. Limestone was encountered within 4 ft of the ground surface in Borings 4 and 9. This limestone could be encountered during general excavation and grading at this site. The limestone encountered in the borings was hard and may be difficult to excavate. Rock excavation methods (including, but not limited to rock teeth, rippers, jack hammers, or saw cutting) may be required to remove the limestone. Crushing equipment may be required to process this limestone if it is desired to use this material as compacted fill on the site. The contractor selected should have experience with excavation in hard limestone. All areas supporting slab foundations, flatwork or areas to receive new fill should be properly prepared. • After completion of the necessary stripping, clearing, and excavating and prior to placing any required fill, the exposed subgrade should be carefully evaluated by probing and testing. Any undesirable material (organic material, wet, soft, or loose soil) still in place should be removed. • The exposed subgrade should be further evaluated by proof -rolling with a heavy pneumatic tired roller, loaded dump truck or similar equipment weighing approximately 10 tons to check for pockets of soft or loose material hidden beneath a thin crust of possibly better soil. • Proof -rolling procedures should be observed routinely by a Professional Engineer or his designated representative. Any undesirable material (organic material, wet, soft, or loose soil) exposed from the proof roll should be removed and replaced with well -compacted material as outlined in Section 7.3. • Prior to placement of any fill, the exposed subgrade should then be scarified to a minimum depth of 6 inches and recompacted as outlined in Section 7.3. If fill is to be placed on existing slopes (natural or constructed) steeper than six horizontal to one vertical (6:1), the fill materials should be benched into the existing slopes in such a manner as to provide a minimum bench width of five (5) ft. This should provide a good contact between the existing soils and new fill materials, reduce potential sliding planes, and allow relatively horizontal lift placements. PJ Even if fill is properly compacted as recommended in Section 7.3, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when planning or placing deep fills. Slope stability analysis of embankments (natural or constructed) and global stability analysis for retaining walls was not within the scope of this study. The contractor is responsible for designing any excavation slopes, temporary sheeting or shoring. Design of these structures should include any imposed surface surcharges. Construction site safety is the sole responsibility of the contractor, who shall also be solely responsible for the means, methods and sequencing of construction operations. The contractor should also be aware that slope height, slope inclination or excavation depths (including utility trench excavations) should in no case exceed those specified in local, state and/or federal safety regulations, such as OSHA Health and Safety Standard for Excavations, 29 CFR Part 1926, or successor regulations. Stockpiles should be place well away from the edge of the excavation and their heights should be controlled so they do not surcharge the sides of the excavation. Surface drainage should be carefully controlled to prevent flow of water over the slopes and/or into the excavations. Construction slopes should be closely observed for signs of mass movement, including tension cracks near the crest or bulging at the toe. If potential stability problems are observed, a geotechnical engineer should be contacted immediately. Shoring, bracing or underpinning required for the project (if any) should be designed by a professional engineer registered in the State of Texas. Due to the nature of the clay soils found near the surface at the borings, traffic of heavy equipment (including heavy compaction equipment) may create pumping and general deterioration of shallow soils. Therefore, some construction difficulties should be anticipated during periods when these soils are saturated. 7.2 Foundation Excavations All foundation excavations should be monitored to verify foundations bear on suitable material. The bearing stratum exposed in the base of all foundation excavations should be protected against any detrimental change in conditions. Surface runoff water should be drained away from excavations and not allowed to collect. All concrete for foundations should be placed as soon as practical after the excavation is made. Prolonged exposure of the bearing surface to air or water will result in changes in strength and compressibility of the bearing stratum. Therefore, if delays occur, excavations should be slightly deepened and cleaned, in order to provide a fresh bearing surface. 7.3 Fill Compaction The following are recommendations pertaining to general fill compaction. Moisture conditioned soil should conform to the recommendations provided in Section 6.2. 10 Clay soils with a plasticity index greater than 25 should be compacted to a dry density of 95 to 100 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 1 percentage point below to 3 percentage points above the material's optimum moisture content. Clay soils with a plasticity index less than 25 should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 1 percentage point below to 3 percentage points above the material's optimum moisture content. Clayey materials used as fill should be processed and the largest particle or clod should be less than 6 inches prior to compaction. Processed limestone used as fill should be compacted to at least 95 percent of standard Proctor maximum dry density. The compacted moisture content of the processed limestone is not considered crucial to proper performance. However, if the material's moisture content during placement is within 3 percentage points of optimum, the compactive effort required to achieve the minimum compaction criteria may be minimized. Individual rock pieces larger than 6 inches in dimension should not be used as fill. However, if rock fill is utilized within 3 ft below the bottom of floor slabs, the maximum allowable size of individual rock pieces should be reduced to 3 inches. Processed limestone used as fill should incorporate sufficient fines to prevent the presence of voids around larger diameter rock pieces. A gradation of at least 40 percent passing a standard No. 4 sieve is recommended. Where mass fills are deeper than 10 ft, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D-698) and within 2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as outlined herein. Compaction should be accomplished by placing fill in about 8-inch thick loose lifts and compacting each lift to at least the specified minimum dry density. Field density and moisture content tests should be performed on each lift. 7.4 Utilities Where utility lines are deeper than 10 ft, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D 698) and within —2 to +2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as previously outlined. Density tests should be performed on each lift (maximum 12-inch thick) and should be performed as the trench is being backfilled. Even if fill is properly compacted, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when designing pavement over utility lines. 11 If utility trenches or other excavations extend to or beyond a depth of 5 ft below construction grade, the contractor or others shall be required to develop an excavation safety plan to protect personnel entering the excavation or excavation vicinity. The collection of specific geotechnical data and the development of such a plan, which could include designs for sloping and benching or various types of temporary shoring, is beyond the scope of this study. Any such designs and safety plans shall be developed in accordance with current OSHA guidelines and other applicable industry standards. 7.5 Groundwater Groundwater was not encountered about half of the borings at depths of about 6 ft to 13 ft. From our experience, shallower groundwater seepage could be encountered from the subsurface stratigraphy in excavations for pavement, utilities and other general excavations at this site. The risk of seepage increases with depth of excavation and during or after periods of precipitation. Standard sump pits and pumping may be adequate to control seepage on a local basis. In any areas where cuts are made, attention should be given to possible seasonal water seepage that could occur through natural cracks and fissures in the newly exposed stratigraphy. The risk of encountering seepage is increased where limestone is exposed in excavations and slopes or is near final grade. In these areas subsurface drains may be required to intercept seasonal groundwater seepage. The need for these or other dewatering devices should be carefully addressed during construction. Our office could be contacted to visually observe final grades to evaluate the need for such drains. 8.0 LIMITATIONS Professional services provided in this geotechnical exploration were performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. The scope of services provided herein does not include an environmental assessment of the site or investigation for the presence or absence of hazardous materials in the soil, surface water or groundwater. UES, upon written request, can be retained to provide these services. UES is not responsible for conclusions, opinions or recommendations made by others based on this data. Information contained in this report is intended for the exclusive use of the Client (and their designated design representatives), and is related solely to design of the specific structures outlined in Section 2.0. No party other than the Client (and their designated design representatives) shall use or rely upon this report in any manner whatsoever unless such party shall have obtained UES's written acceptance of such intended use. Any such third party using this report after obtaining UES's written acceptance shall be bound by the limitations and limitations of liability contained herein, including UES's liability being limited to the fee paid to it for this report. Recommendations presented in this report should not be used for design of any other structures except those specifically described in this report. In all areas of this report in which UES may provide additional services if requested to do so in writing, it is presumed that 12 such requests have not been made if not evidenced by a written document accepted by UES. Further, subsurface conditions can change with passage of time. Recommendations contained herein are not considered applicable for an extended period of time after the completion date of this report. It is recommended our office be contacted for a review of the contents of this report for construction commencing more than one (1) year after completion of this report. Non- compliance with any of these requirements by the Client or anyone else shall release UES from any liability resulting from the use of, or reliance upon, this report. Recommendations provided in this report are based on our understanding of information provided by the Client about characteristics of the project. If the Client notes any deviation from the facts about project characteristics, our office should be contacted immediately since this may materially alter the recommendations. Further, UES is not responsible for damages resulting from workmanship of designers or contractors. It is recommended the Owner retain qualified personnel, such as a Geotechnical Engineering firm, to verify construction is performed in accordance with plans and specifications. 13 APPENDIX A-1 METHODS OF FIELD EXPLORATION Using standard rotary drilling equipment, 16 test borings were performed for this geotechnical exploration at the approximate locations shown on the Boring Location Plan, Figure 1. The test boring locations were staked by using a handheld GPS unit or by pacing/taping and estimating right angles from landmarks which could be identified in the field and as shown on the site plan provided during this study. The locations of the test borings shown on the Boring Location Plan are considered accurate only to the degree implied by the methods used to define them. Relatively undisturbed soil samples were obtained by hydraulically pressing 3-inch O.D. thin -wall sampling tubes into the underlying soils at selected depths (ASTM D 1587). These samples were removed from the sampling tubes in the field and evaluated visually. One representative portion of each sample was sealed in a plastic bag for use in future visual evaluation and possible testing in the laboratory. Texas Department of Transportation Texas Cone Penetration (TCP) tests were completed in the field to determine the apparent in -place strength characteristics of the rock type materials. A 3- inch diameter steel cone driven by a 170-pound hammer dropped 24 inches is the basis for TxDOT strength correlations. Depending on the resistance (strength) of the materials, either the number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer are recorded on the field logs and are shown on the Log of Boring sheets as "TX Cone" (reference: TxDOT Test Method TEX 132-E). Logs of the borings are included in the Appendix. The logs show visual descriptions of subsurface strata encountered in the borings using the Unified Soil Classification System. Sampling information, pertinent field data, and field observations are also included. Samples not consumed by testing will be retained in our laboratory for at least 14 days and then discarded unless the Client requests otherwise. agr„'p�X I I � 5 � !1►�S k lk„• •o r,, /� B-60 B-41 San B-53 ` ` AT rbrr um uN 47 a w �. V �,' m for B-59f - - _. i B-31 / /° r .: B-5 8 B-52 14 / • B- B-30 B '. M b-IS �. B-51/ j-/ N B-39 _.4., 41 r [F _*1 P' If i Mars'1#11 rY7YfY4� I � 4 �� •, / / /If fury ISr oLm-RoctKm sob" rr lit 4K Ac' �IYR rl��w Rschp19�7tt CMry 1 -V wA t i rt+fl�lai -bar f7o A/MR71fMgW WT1 7 AMU A. f { 9� FfW Pw = 4�ti UJ9N S iri rr—'�RI .! fir ❑ aM/,RR At J`P +r Yow iAx U70 Ib4 /t1f wGfArt �k7 a1 Fy sR A t , Wlj f�+X Ii r� APPROXIMATE BORING LOCATION (W211427) GEOTECHNICAL EXPLORATION �o UESTM APPROXIMATE BORING LOCATION PALMILLA SPRINGS PHASE 7 OFF CHAPIN ROAD Formerly Alpho Testing O ZONE I FORT WORTH, TEXAS UES PROJECT NO. W241586 FIGURE I zoxEn BORING LOCATION PLAN B-1 METHODS OF LABORATORY TESTING Representative samples were evaluated and classified by a qualified member of the Geotechnical Division and the boring logs were edited as necessary. To aid in classifying the subsurface materials and to determine the general engineering characteristics, natural moisture content tests (ASTM D 2216), Atterberg-limit tests (ASTM D 4318) and dry unit weight determinations were performed on selected samples. In addition, unconfined compressive strength tests (ASTM D 2166) and pocket -penetrometer tests were conducted on selected soil samples to evaluate the soil shear strength. Results of these laboratory tests are provided on the Log of Boring sheets. In addition to the Atterberg-limit tests, the expansive properties of the clay soils were further analyzed by absorption swell tests in general accordance with ASTM D 4546. The swell test is performed by placing a selected sample in a consolidation machine and applying either the approximate current or expected overburden pressure and then allowing the sample to absorb water. When the sample exhibits very little tendency for further expansion, the height increase is recorded and the percent free swell and total moisture gain calculated. Results of the absorption swell tests are provided on the Log of Boring sheets. Wo 5058 Brush Creek Rd. BORING NO.: 30 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/16/2021 End Date: 6/16/2021 West: 32.72599 CONTINUOUS FLIGHT AUGER North: -97.52010 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): 16 oZAfter Drilling (ft): 10 O 7After Hours (ft): MATERIAL DESCRIPTION jDark Brown CLAY 5 10 1 Tan SANDY CLAY with gravel j _15 j j j 20 j TEST BORING TERMINATED AT 20 FT 12.0 20.0 Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. (D E E o 0, E 0-a m0 oC Jo 0E� C o°o U a0 c aN0 pw 3 o o o j 1 4.5+ 23 4.0 20 68 20 48 4.25 3.3 100 23 4.5+ 19 4.0 20 4.0 60 18 38 17 21 3.0 IE] Wo 5058 Brush Creek Rd. BORING NO.: 31 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/21/2021 End Date: 6/21/2021 West: 32.72652 CONTINUOUS FLIGHT AUGER North: -97.52011 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): 16 Drilling (ft): 16 oZAfter 7After Hours (ft): O MATERIAL DESCRIPTION jDark Brown CLAY 5 10 with trace of gravel below 15 FT 15 1 Tan LIMESTONE with clay seams 20 TEST BORING TERMINATED AT 20 FT Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. E E o 0, E 0-a oC Jo 0E� C o°o U a0 c aN� � pw 3 o o o j 1 4.5+ 16 17.0 100/ 20.0 , 7.5" 4.5 17 4.5 17 62 21 41 4.5 16 4.5+ 11 4.25 15 Wo 5058 Brush Creek Rd. BORING NO.: 39 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION ®R Dark Brown CLAY Tan LIMESTONE with clay seams 5 Gray LIMESTONE _10 _15 _20_ TEST BORING TERMINATED AT 20 FT A Start Date: 6/21/2021 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION ®R Dark Brown CLAY Tan LIMESTONE with clay seams 5 Gray LIMESTONE _10 _15 _20_ TEST BORING TERMINATED AT 20 FT nc. Location: Fort Worth, TX and 7 Surface Elevation: 6/21 /2021 West: 32.72598 GER North:-97.51947 Hammer Drop (lbs / in): 170 / 24 a o o.S E s _ X > `o U .:_. E E o 0E�0, a0E 0-aaN0 pw oC Jo >W o°o c m0 o� U 3 o o o j cn Xa a ?� Z � o d 4.0 19 30 15 15 2.0 100/ 3.0" 100/ 2.0" 6.0 6 100/ 6 1.0" 100/ 0.75" 100/ 20.0 , 0.75" 6 100/ 6 1.0" 100/ 0.75" 100/ 20.0 , 0.75" Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 40 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Project: Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: Start Date: 6/21/2021 End Date: 6/21/2021 West: 32.72652 Drilling Method: CONTINUOUS FLIGHT AUGER North: -97.51947 Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m �•E E-, _ x w J�SZOn Rods (ft): ] U:q? _ E E o ZAfter Drilling (f): DRY '� o o 7After Hours (f): a o Ec� U a?a o � a m c3 n o O H o �o= Za Ja_ d MATERIAL DESCRIPTION jDark Brown CLAY - 4.5 22 - 4.5 16 4.0 _ Tannish Brown CLAY with limestone fragments 5 j 4.5 16 33 13 20 0.0 j4.5+ 12 _ 8.0 Gray LIMESTONE 100/ - 10 1.25" L 100/ 15 1.0" 100/ _20 20.0 , TEST BORING TERMINATED AT 20 FT Wo 5058 Brush Creek Rd. BORING NO.: 41 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/21/2021 End Date: 6/21/2021 West: 32.72708 CONTINUOUS FLIGHT AUGER North: -97.51947 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): 12 oZAfter Drilling (ft): 12 O 7After Hours (ft): MATERIAL DESCRIPTION jDark Brown CLAY with calcareous nodules Tannish Brown CLAY 5 j 10 15 j Tan LIMESTONE Gray LIMESTONE 20 TEST BORING TERMINATED AT 20 FT Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. (D E E o 0, E 0-a m0 oC Jo 0E� C o°o U a0 c aN0 pw 3 o o o j 4.0 15.0 = 17.0 T 100/ 20.0 k 1.0" 4.0 17 69 21 48 4.5+ 3.4 114 12 4.0 16 4.5 14 4.5 13 4.5+ 10 34 16 18 0.0 Wo 5058 Brush Creek Rd. BORING NO.: 45 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/18/2021 End Date: 6/18/2021 West: 32.72593 CONTINUOUS FLIGHT AUGER North: -97.51879 GROUND WATER OBSERVATIONS 0) XZOn Rods (ft): NONE Drilling (ft): DRY oZAfter 7After Hours (ft): O MATERIAL DESCRIPTION jDark Brown CLAY with weathered limestone below 3 FT Tan LIMESTONE 5 Gray LIMESTONE 10 15 20 TEST BORING TERMINATED AT 20 FT Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. E E o 0, E 0-a oC Jo 0E� C o°o a0 c aN� � pw 3 U o o o j 1 25 58 21 37 3.75 4.0 100/ 2.5" 7.0 100/ 1.25" 6 100/ 6 1.0" 100/ 20.0 , 0.75" 25 Wo 5058 Brush Creek Rd. BORING NO.: 46 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/23/2021 End Date: 6/23/2021 West: 32.72652 CONTINUOUS FLIGHT AUGER North: -97.51882 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE Drilling (ft): DRY oZAfter 7After Hours (ft): O MATERIAL DESCRIPTION jDark Brown CLAY 5 10 Gray LIMESTONE _15 _20 11.0 Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. E E o ao E 0-a oC Jo 0E� C o°o U a0 c aN� � pw 3 o o o j 6 100/ 1" 100/ 20.0 , 0.75" 4.0 25 3.75 2.2 95 25 3.5 27 59 22 37 0.0 3.5 28 4.5 21 Wo 5058 Brush Creek Rd. BORING NO.: 47 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/18/2021 End Date: 6/18/2021 West: 32.72704 CONTINUOUS FLIGHT AUGER North: -97.51883 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION jDark Brown CLAY with calcareous nodules below 4 FT 5 Tan LIMESTONE with clay seams _10 _15_ Gray LIMESTONE 20 TEST BORING TERMINATED AT 20 FT Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. E E o 0, E 0-a oC Jo 0E� C o°o U a0 c aN� � pw 3 cn Xa o � o o Z j a_ a ? � a_1 4.5+ 21 6.0 100/ IL 6.5" 100/ 66 5.5" 100/ 66 3.25" 18.0 100/ 20.0 66 3.25" 4.5+ 19 60 20 40 5.6 4.5+ 17 Wo 5058 Brush Creek Rd. BORING NO.: 51 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 A Start Date: 6/18/2021 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): 4 oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION jDark Brown CLAY Tan LIMESTONE _5 Gray LIMESTONE with clay seams to 7 ft _10_ 15 _20 TEST BORING TERMINATED AT 20 FT nc. Location: Fort Worth, TX and 7 Surface Elevation: 6/18/2021 West: 32.72590 GER North:-97.51815 Hammer Drop (lbs / in): 170 / 24 a o o.S E s _ X > `o U .:_. E E o 0, a0E 0-aaN� � pw oC Jo C o°o c 0E� U 3" o o o j 3.5 20 3.5 24 50 19 31 0.0 4.0 100/ 5.0 2.75" 100/ 1.25" 6 100/ 6 1.0" 100/ 20.0 , 1.25" 100/ 1.25" 6 100/ 6 1.0" 100/ 20.0 , 1.25" Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 52 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Project: Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: Start Date: 6/18/2021 End Date: 6/18/2021 West: 32.72648 Drilling Method: CONTINUOUS FLIGHT AUGER North: -97.51816 Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m �•E E-, _ x SZOn Rods (ft): NONE T N U� �� j _ E E C Ja c � ZAfter Drilling (f): DRY 'w o >o� o c� 7After Hours (f): a o�3 Ec aa c=3 n o O H o � Za a_ MATERIAL DESCRIPTION jDark Brown CLAY - 4.0 22 - 4.0 22 _ 4.0 Tannish Brown CLAY with limestone fragments - 5 4.5 20 51 19 32 0.5 - 4.5 20 _ 8.0 Gray LIMESTONE 100/ - 10 2.25" , 100/ 15 1.25" 100/ _20 20.0 , TEST BORING TERMINATED AT 20 FT Wo 5058 Brush Creek Rd. BORING NO.: 53 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: 6/18/2021 End Date: 6/18/2021 West: 32.72707 CONTINUOUS FLIGHT AUGER North: -97.51820 GROUND WATER OBSERVATIONS 0) XZOn Rods (ft): NONE Drilling (ft): DRY oZAfter 7After Hours (ft): O MATERIAL DESCRIPTION jDark Brown CLAY - with calcareous deposits below 4 FT 5 Tan LIMESTONE 10 Gray LIMESTONE _15_ 20 TEST BORING TERMINATED AT 20 FT 12.0 Hammer Drop (lbs / in): 170 / 24 o.S a E s o _ X > `o U .:_. E E o >W E 0-a m0 oC Jo 0E�0, o o°o U � a0 c aN0 pw 3 cn Xa o � o o Z j a_ a ? � a_1 4.5+ 14 100/ 1.75" 100/ 1.25" 100/ 3.0" 100/ 20.0 L 1.7 4.0 22 60 21 39 1.6 4.5+ 20 5058 Brush Creek Rd. BORING NO.: 57 Wo TM Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, Inc. Location: Fort Worth, TX Project: Palmilla Sprinqs Phases 6, 6A and 7 Surface Elevation: Start Date: 6/25/2021 End Date: 6/25/2021 West: 32.72553 Drilling Method: CONTINUOUS FLIGHT AUGER North:-97.51753 Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m �•E E-, _ _ x T i m U� �' �7.� E E a � On Rods (ft): NONE w 3 Y � �s •�� w c � J — = ZAfter Drilling (ft): DRY a o� o� d o a, ao Q a U 3 o 7After Hours (ft): E N 0 -' o J O Xa ?`� Z o MATERIAL DESCRIPTION Brown to Tannish Brown CLAY with calcareous jdeposits and limestone fragments / 4.0 19 4.0 19 - 5 4.5 16 48 18 30 2.4 j 4.5+ 14 Tan LIMESTONE 8.0 100/ 10 1.25" _ 13.0 Gray LIMESTONE 100/ 15 1.0" 100/ 20 20.0 , 0.75" TEST BORING TERMINATED AT 20 FT Wo 5058 Brush Creek Rd. BORING NO.: 58 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown to Tannish Brown CLAY with limestone fragments j Tan LIMESTONE with clay seams to 5 FT _10 _15 Gray LIMESTONE _20 TEST BORING TERMINATED AT 20 FT A Start Date: 6/25/2021 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown to Tannish Brown CLAY with limestone fragments j Tan LIMESTONE with clay seams to 5 FT _10 _15 Gray LIMESTONE _20 TEST BORING TERMINATED AT 20 FT nc. Location: Fort Worth, TX and 7 Surface Elevation: 6/25/2021 West: 32.72617 GER North:-97.51754 Hammer Drop (lbs / in): 170 / 24 a o o.S E s _ X > `o U .:_. E E o �0, a0E 0-aaN0 pw oC Jo >W o°o c m0 0Eo� U 3" o o o j cn Xa a ?� Z � o d 4.5+ 17 4.5+ 15 43 17 26 1.6 4.0 100/ 6.0" 100/ 2.25" 100/ 15.0 L 1.0" 100/ 20.0 , 0.75" 100/ 2.25" 100/ 15.0 L 1.0" 100/ 20.0 , 0.75" Wo 5058 Brush Creek Rd. BORING NO.: 59 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION ®R Tan SANDY CLAY Tan LIMESTONE _5 - with clay seams from 6 FT to 10 FT 10 Gray LIMESTONE _15 20 TEST BORING TERMINATED AT 20 FT A 100/ 5.5" 11.0 100/ 2.0" 100/ 20.0 L 1.7 Wo 5058 Brush Creek Rd. BORING NO.: 60 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 Start Date: 6/18/2021 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION Tannish Brown CLAY with limestone fragments Tan LIMESTONE _5 10 Gray LIMESTONE _15_ 20 TEST BORING TERMINATED AT 20 FT A nc. Location: Fort Worth, TX and 7 Surface Elevation: 6/18/2021 West: 32.72721 GER North:-97.51752 Hammer Drop (lbs / in): 170 / 24 a o o.S E s _ X o Uz:- c' E E c a 0E�0, a0E 0-aaN0 pw oC Jo >W o°o c m0 o� U 3 o o o j c� Xa a ?� Z � D a_4.5+ 16 49 22 27 2.0 100/ 4.75" 100/ 2.25" 12.0 100/ 5" 1. 100/ 1.25" 100/ 20.0 L 1.0" Wo 5058 Brush Creek Rd. BORING NO.: 64 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W211427 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmila Sprinqs Development, I Project: Palmilla Sprinqs Phases 6, 6 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION Tannish Brown CLAY with calcareous deposits j with limestone fragments below 4 FT _5 j Tan LIMESTONE with clay seams _10_ Gray LIMESTONE _15_ 20 TEST BORING TERMINATED AT 20 FT A Start Date: 6/23/2021 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS XZOn Rods (ft): NONE oZAfter Drilling (ft): DRY O 7After Hours (ft): MATERIAL DESCRIPTION Tannish Brown CLAY with calcareous deposits j with limestone fragments below 4 FT _5 j Tan LIMESTONE with clay seams _10_ Gray LIMESTONE _15_ 20 TEST BORING TERMINATED AT 20 FT nc. Location: Fort Worth, TX and 7 Surface Elevation: 6/23/2021 West: 32.72597 GER North:-97.51692 Hammer Drop (lbs / in): 170 / 24 a o o.S E s _ X > `o U .:_. E E o �0, a0E 0-aaN0 pw oC Jo >W o°o c m0 0Eo� U 3" o o o j cn Xa a ?� Z � o d 4.5+ 16 4.5+ 3.4 113 16 38 18 20 0.5 5.0 4.5+ 13 100/ 5.0" 100/ 1.25" 14.0 100/ 1.25" 100/ 20.0 L 0.5" 100/ 1.25" 14.0 100/ 1.25" 100/ 20.0 L 0.5" Wo 5058 Brush Creek Rd. BORING NO.: 1 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/24/2024 End Date: 6/24/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E— m i m CUB �7 13 T �.� E a 'E c On Rods (ft): p 3 Y v s .� � w c — = n a V After Drilling (ft): 14 a o � o o c a� cn a� m o a U -o Q m 7After Hours (ft): " 0z o aN o" 3 Q Ur CD X O o O J a (!) �a Z MATERIAL DESCRIPTION Dark Brown, Brown and Gray CLAY with limestone fragments and cobbles - FILL — 4.5+ 19 11 _ 4.0 — 5 � Tan CLAY 3.25 19 4.0 16 37 17 20 0.0 j j 1.0 21 10 j j j j 18 15 15.0 TEST BORING TERMINATED AT 15 FT Wo 5058 Brush Creek Rd. BORING NO.: 2 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: Project: Start Date: Drilling Method: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/24/2024 End Date: 6/24/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): NONE o ZAfter Drilling (ft): DRY 7After Hours (ft): MATERIAL DESCRIPTION j Light Brown CLAY with limestone fragments and calcareous deposits - possible fill Tan CLAY with limestone fragments- possible — � fill j Tan CLAY 5 j, j j 10 Tan and Gray SHALY CLAY Gray LIMESTONE with shale seams and layers 15 TEST BORING TERMINATED AT 15 FT 2.0 4.0 10.0 Hammer Drop (lbs / in): 170 / 24 o.S a E ° I o _ x > `o U� E E 8-1 > ha E U oz D_ 9 C N aN 0 -' s ,V 3 co (DO x� �_ �_ o o 2 J D_ V) Ha d � Z 4.5+ 22 1.25 22 4.5+ 18 36 18 18 0.0 3.0 18 1.25 23 3.75 25 100/ 17 2" Wo 5058 Brush Creek Rd. BORING NO.: 3 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, In Project: Palmilla Sprinqs Phase 7 Start Date: 6/21/2024 End Date: Drilling Method: CONTINUOUS FLIGHT AU 0) GROUND WATER OBSERVATIONS �7On Rods (ft): NONE o ZAfter Drilling (ft): DRY 7After Hours (ft): MATERIAL DESCRIPTION j Light Brown CLAY with calcareous deposits - possible fill 2.0 - �j Tan and Gray CLAY with limestone fragments -possible fill limestone cobbles and boulders no recovery from 2' to 4' _5 j8.0 Tan and Gray SHALY CLAY C. Location: Fort Worth, Texas Surface Elevation: 6/21 /2024 West: 3.25 20 4.0 16 — J j 4.5 21 53 20 33 0.0 10 10.0 Brown and Gray SHALY CLAY — � j 4.25 23 67 23 44 15 � 15.0 TEST BORING TERMINATED AT 15 FT Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 4 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/24/2024 End Date: 6/24/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E o f m �7 On Rods (ft): NONE T N Ut (B �� j �> E E C 8-10 Q a ZAfter Drilling (ft): DRY o 3 Y C: s w cn o, mo Q c v -o a, o m After Hours (ft): a " 00 ° - o aN o" L � o (!) Q Ur X CO O o O Z J d T Ha MATERIAL DESCRIPTION j Tan and Gray CLAY with limestone fragments and cobbles 4.5+ 15 52 19 33 — 1.0 Tan LIMESTONE with clay seams and layers , 100/ 0.50" 6 — 5 — L 100/ 3.50" 7 — 10 — _ 11.0 Gray LIMESTONE with shale seams and layers L 100/ 1.50" 13 _15 15.0 TEST BORING TERMINATED AT 15 FT Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 5 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/24/2024 End Date: 6/24/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E o f m �7 On Rods (ft): NONE T N Ut (B �� j �> E E C 8-10 Q a ZAfter Drilling (ft): DRY 3 Y o C: s w c cn o, mo Q v -o a, o m After Hours (ft): a 00 " °- o D o N o" L � o (!) Q Ur X CO O o O Z J d T Ha MATERIAL DESCRIPTION Brown and Tannish Gray CLAY with limestone . fragments and cobbles - FILL 5 Dark Brown CLAY with fall in material 10 j j Brown CLAY with fall in material 15 TEST BORING TERMINATED AT 15 FT 8.0 13.0 15.0 4.5+ 9 59 19 40 4.5+ 10 3.25 15 4.5+ 17 44 20 24 0.0 4.5+ 14 Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 6 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/21/2024 End Date: 6/21/2024 West: CONTINUOUS FLIGHT AUGER North: GROUND WATER OBSERVATIONS 0) VOn Rods (ft): NONE ZAfter Drilling (ft): DRY o 7After Hours (ft): MATERIAL DESCRIPTION Brown GRAVELLY CLAY with cobbles - FILL 5 10 15 Brown CLAY with gravel Gray SHALY CLAY i = Gray LIMESTONE TEST BORING TERMINATED AT 15 FT 8.0 Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x `o U� E E 8-1 o -) m � oo aa `-' x ��_ �_ o o J D_ (n Ha d Z 4.5+ 10 1.0 1.1 105 17 31 15 16 4.5+ 8 1.5 14 1.0 24 13.0 4.5+ 19 14.0 100/ 1.5 / 15.0 Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 7 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/21/2024 End Date: 6/21/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E o f m �7 On Rods (ft): NONE T N Ut (B �� j �> E E C 8-10 Q a ZAfter Drilling (ft): DRY 3 Y o C: s w c cn o, mo Q v -o a, o m After Hours (ft): a 00 " ° - o D aN o" L � o (!) Q Ur X CO O o O Z J d T Ha MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with . limestone fragments - FILL 5 Dark Brown CLAY j_10 j j j Tan and Gray SHALY CLAY 15 TEST BORING TERMINATED AT 15 FT 13.0 15.0 4.5+ 15 3.0 25 3.75 17 4.5 16 45 18 27 0.0 2.5 19 4.5+ 16 45 21 24 0.0 5058 Brush Creek Rd. BORING NO.: 8 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 www al hatestin com Formerly Alpha Testing p 6. Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/21/2024 End Date: 6/21/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 11 o ZAfter Drilling (ft): 14 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with limestone fragments - FILL 5 Brown CLAY with limestone fragments Tan LIMESTONE with clay seams and layers 10 2 Tan CLAY j _ � 1 j with gray shaly clay at 14' 15 TEST BORING TERMINATED AT 15 FT 6.0 8.0 11.0 15.0 Hammer Drop (lbs / in): 170 / 24 o.S a E ° I o _ x `o U� E E 8-1 E U� O N aN CD U 0 x C O° CO o O J a_ V) �a a- � Z a 4.5+ 20 4.5+ 17 2.0 16 2.5 22 45 17 28 0.0 1.0 17 32 15 17 1.0 14 Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 9 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/24/2024 End Date: 6/24/2024 West: CONTINUOUS FLIGHT AUGER North: GROUND WATER OBSERVATIONS 0) VOn Rods (ft): NONE ZAfter Drilling (ft): DRY o 7After Hours (ft): MATERIAL DESCRIPTION Tan and Brown CLAYEY GRAVEL with cobbles - FILL Tan LIMESTONE with clay seams and layers _5_ 10 Gray LIMESTONE with shale seams and layers 15 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x `o U� E 8-1 a �� of -o) u) a� mo �a o a o� E U� o4 D_ 9 C N aN 0 -' (� s ,V 3 x �_ �_ o o J D_ V) Ha d Z 3.0 100/ 0.50" 100/ 5.50" 13.0 100. 15.0 4.5+ 9 33 16 17 8 8 8 15 Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 10 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/24/2024 End Date: 6/24/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 10 o ZAfter Drilling (ft): 15 7After Hours (ft): MATERIAL DESCRIPTION Brown and Tannish Gray CLAY with limestone cobbles - FILL 5 10 Dark Brown CLAY 15 1 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E ° I o _ x `o U� E E 8-1 E U� O N aN CD U 0 x C O°� J a_ (n �a a- � Z a 4.5 13 4.5+ 12 4.5+ 11 50 18 32 0.0 4.5+ 12 3.0 12 3.75 24 Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 11 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/21/2024 End Date: 6/21/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 6 o ZAfter Drilling (ft): 15 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with limestone fragments and cobbles - FILL 5 Brown CLAY with gravel 10 Tan LIMESTONE with clay seams and layers Gray LIMESTONE 15 1 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x `o U� E 8-1 a �� of �o) u) a� mo �a O a E o� U� O N aN CD U 0 x C OUP COo O J a_ (n �a aC Z� a 1 10 28 13 15 0.5 15 0.5 18 8.0 2.5 22 10.0 12.0 050 .50" 12 15.0 L 100/ Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 12 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/21/2024 End Date: 6/21/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 10 o ZAfter Drilling (ft): 15 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with limestone fragments and gravel - FILL 5 Brown CLAY with gravel 10 Tan LIMESTONE with clay seams and layers Gray LIMESTONE with shale seams and layers 15 1 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x `o U� E 8-1 a �� of �o) u) a� mo �a O a o� E U� O N aN CD U 0 x C OUP CO o O J a_ (n �a a- � Z a 2.75 23 3.0 15 4.5+ 16 1.75 22 52 18 34 0.1 8.0 25 10.0 13.0 1.50" 15 15.0 L 100/ Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 13 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/17/2024 End Date: 6/17/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 6 o ZAfter Drilling (ft): 15 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with limestone fragments and cobbles - FILL 5 Brown CLAY 10 j j Tan LIMESTONE no recovery 15 1 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E ° I o _ x `o U� E E 8-1 E U� O N aN CD U 0 x C O° CO o O J a_ V) �a a- � Z a 8.0 13.0 15.0 L 100/ 1.50" 3.25 20 2.5 24 1.25 22 2.0 24 31 16 15 0.0 Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 14 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/17/2024 End Date: 6/17/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E— o m �7 NONE On Rods (ft): T N o U� (B �� > 8-1j E E C Q a ZAfter Drilling (ft): DRY 3 Y o C: s w c cn o, mo Q v -o a, o m After Hours (ft): a 00 " ° - o D aN o" L � o (!) Q Ur X CO O o O Z J d T Ha MATERIAL DESCRIPTION Dark Brown, Tan and Gray CLAY with limestone . fragments and cobbles - FILL 5 Tan and Gray SHALY CLAY 10 Brown SHALY CLAY with limestone seams and layers 15 TEST BORING TERMINATED AT 15 FT 13.0 15.0 4.5+ 9 1.5 16 i[i7 4.5 17 53 19 34 2.8 4.5+ 16 20 Wo 5058 Brush Creek Rd. Fort Worth, Texas 76119 Phone: 817-496-5600 BORING NO.: 15 Sheet 1 of 1 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com Client: HMH Palmilla Sprinqs Development, Inc. Location: Fort Worth, Texas Project: Palmilla Sprinqs Phase 7 Surface Elevation: Start Date: 6/17/2024 End Date: 6/17/2024 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6•E E— o m �7 NONE On Rods (ft): T N o U� (B �� > 8-1j E E C Q a ZAfter Drilling (ft): DRY 3 Y o C: s w c cn o, mo Q v -o a, o m After Hours (ft): a 00 " °- o D o N o" L � o (!) Q Ur X CO O o O Z J d T Ha MATERIAL DESCRIPTION Brown, Gray and Tan CLAY with limestone . fragments and cobbles - FILL 5 Brown CLAY 10 Tan CLAY with calcareous deposits 15 TEST BORING TERMINATED AT 15 FT 6.0 13.0 15.0 3.0 18 4.5+ 10 49 19 30 3.0 14 3.5 24 51 19 32 4.5+ 16 2.75 15 Client: Project: Start Date: Drilling Method: 5058 Brush Creek Rd. BORING NO.: 16 Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 TM Fax: 817-496-5608 PROJECT NO.: W241586 Formerly Alpha Testing www.alphatesting.com HMH Palmilla Springs Development, Inc. Location: Fort Worth, Texas Palmilla Sprinqs Phase 7 Surface Elevation: 6/17/2024 End Date: 6/17/2024 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 9 o ZAfter Drilling (ft): 15 7After Hours (ft): MATERIAL DESCRIPTION Dark Brown, Brown and Tan CLAY with limestone fragments and cobbles - FILL 5 Brown CLAY with limestone fragments j_10 j j Tan and Gray LIMESTONE 151 1 TEST BORING TERMINATED AT 15 FT Hammer Drop (lbs / in): 170 / 24 o.S a E ° I o _ x `o U� E E 8-1 E U� O N aN CD U 0 x C O° CO o O J a_ V) �a a- � Z a 1 2.5 0.8 94 20 4.0 9 2.5 15 3.75 12 47 18 29 0.0 12.0 100/ 10 1" 15.0 Wo KEY TO SOIL SYMBOLS E S TM AND CLASSIFICATIONS Formerly Alpha Testing SOIL & ROCK SYMBOLS RELATIVE DENSITY OF COHESIONLESS SOILS (blows/ft) ® (CH), High Plasticity CLAY VERY LOOSE 0 TO 4 ® (CL), Low Plasticity CLAY LOOSE 5 TO 10 MEDIUM 11 TO 30 (SC), CLAYEY SAND DENSE 31 TO 50 VERY DENSE OVER 50 (SP), Poorly Graded SAND (SW), Well Graded SAND SHEAR STRENGTH OF COHESIVE SOILS (tsfl (SM), SILTY SAND VERY SOFT LESS THAN 0.25 SOFT 0.25 TO 0.50 IN(ML), SILT FIRM 0.50 TO 1.00 STIFF 1.00 TO 2.00 ® (MH), Elastic SILT VERY STIFF 2.00 TO 4.00 HARD OVER 4.00 19 LIMESTONE RELATIVE DEGREE OF PLASTICITY (PI) ® SHALE / MARL LOW 4 TO 15 SANDSTONE MEDIUM 16 TO 25 HIGH 26 TO 35 o (GP), Poorly Graded GRAVEL VERY HIGH OVER 35 (GW), Well Graded GRAVEL ® (GC), CLAYEY GRAVEL RELATIVE PROPORTIONS (%) W (GM), SILTY GRAVEL n(OL), ORGANIC SILT TRACE 1 TO 10 LITTLE 11 TO 20 SOME 21 TO 35 (OH), ORGANIC CLAY AND 36 TO 50 1♦ S SAMPLING SYMBOLS PARTICLE SIZE IDENTIFICATION (DIAMETER) ■SHELBY TUBE (3" OD except where BOULDERS 8.0" OR LARGER noted otherwise) COBBLES 3.0" TO 8.0" SPLIT SPOON (2" OD except where COARSE GRAVEL 0.75' TO 3.0" noted otherwise) FINE GRAVEL 5.0 mm TO 3.0" ® AUGER SAMPLE COURSE SAND 2.0 mm TO 5.0 mm ❑ TEXAS CONE PENETRATION MEDIUM SAND FINE SAND 0.4 mm TO 5.0 mm 0.07 mm TO 0.4 mm ❑SILT ROCK CORE (2" ID except where CLAY 0.002 mm TO 0.07 mm LESS THAN 0.002 mm noted otherwise) FORT WORTH, CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: November 08, 2021 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM 132240/13412/13792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH. Press -Seal Gasket Corp. 250-4G Gasket ASTM C-443/C-361 SS MH 1126199 33 05 13 HOPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13105 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flowthe ASTM 3753 Non -traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area Water &Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) * 33 05 13 IManhole Frames and Covers I Westem Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) " 3305 13 Manhole Frames and Covers Westem Iron Works, Bass & Hays Foundry 30024 24" Dia. * 3305 13 Manhole Frames and Covers McKinley It. Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged) Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 3305 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS 30" Dia. 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. 11/02/10 3305 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/1 t 3305 13 30" Dia. MH Ring and Cover Star Pipe Products NIH32FTWSS-DC 30" Dia 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 ASSHTO MI 05 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Lockable) CI SIP Industries 2280 (32") ASTM A 48 30" Dia. 12/05/23 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 4267WT - Hinged (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock .111111 33 OS 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. w/o Hing 30" Dia. 10/07/21 3405 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) * 3305 13 Manhole Frames and Covers Pont-A-Mousson Pamoight 24" Dia. * 3305 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 3305 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 3305 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 3305 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 3305 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete ( tev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Condurt Corp SPL Item #49 ASTM C 478 41" * 33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc. ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc. 48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" Manhole, Opening an at top, 09/0324 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Transition Cones ASTM C 478 48" to 84" LD. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 1 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 32 39 20 Manhole, Precast Concrete Fortcrra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 3920 Manhole, Precast Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 3920 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pie and Precast Predl Systems) 48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas ASTM C-478; ASTM C-923; 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 61" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardsep 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 12/29/23 33 39 20 I Wastewater Access Chamber I Onicksoream Solutions, Inc. Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious * E1-14 Manhole Rehab Systems Ouadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. E1-14 Manhole Rehab Systems AP/M Pe —mom 4/20/01 E1-14 Manhole Rehab System Strong Company 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System 08/30/06 General Concrete Repair FlexKrete Technologies Type 8 Maintenace Shaft (P000it) Relmer MSP Strong Seal MS2A Rehab System MH repair product to stop infiltration ASTM D5813 Vinyl Polyester Reparr Product For use when Sod. MH cannot be installed due to depth Misc. Use * From Original Standard Products List 1 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 (Approval Spec No. IClasssification I Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayrou, Spray Wall Polyurethane Coating ASTM D639/D790 12/14/01 Coating for Corrosion protection(Exterior) ERTECH Series 20230 and 2100 (Asphatic Emulsion) Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1BB, Sl, S2 Acid Resistance Test Sewer Applications 8/28/2006 I Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 33 OS 16, 33 39 10, RR&C Dampproofing Non-Fibered Spray For Exterior Coating of Concrete 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) Sherwin Williams Grade (Asphatic Emulsion) Structures Only Water & Sewer - Manhole Inserts - Field Onerations Use Only (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 3305 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Nofiow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 3305 13 Manhole Insert Southwestem Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. 09/23/96 3305 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pine Casine Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc. Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc. Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casing Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) FB-12 Casing Spacer (Coated Carbon Steel) 03/19/18 Casing Spacers BWM for Non_rressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 Per Manuf Manufacturers Requirements (Sewer 09/03/24 33 OS 13 Casing Spacers Raci (Completely HDPE) 8" - 12" (Sewer Only) Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AW WA C150, C151 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Futile Pipe (Bell Spigot) AW WA C150, C151 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AW WA C150, C151 * 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 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coating [s/EDo%v 33-39-60 (01/08/13) 02/25/02 Eooxy Lining System Sauereisen, Inc SewerGard 21 ORS LA County 9210-1.33 12/14/01 Eooxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interim Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, SIBB, Sl, S2 Acid Resistance Test 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer - Coatinas/Polvurethane 3" thin 24" 4" thin 30" 4" thin 30" Ductile Iron Pipe Only Sewer Applications Sewer Applications Sewer - Combination Air Valves 05/25/18 33-31-70 1 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pioes/Concrete * E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc. ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 * E1-04 Conc. Pipe, Reinforced Hanson Concrete Products -hele, #98 Pipe ASTM C 76 * EI-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. hic. ASTM C 76 Sewer - Pine Enlar¢ment Svstem (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscam Way, N.J. Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - PiDe/Fiber0ass Reinforced/ 33-31-13(1/8/13) 7/21/97 3331 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/1)3754 03/22/10 3331 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 3331 13 Glass -Fiber Reinforced Polvmer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 ASTM D3262, ASTM D3681, 03/07/23 3331 13 Fiberglass Pipe (FRP) Future Pipe Industries Fili—trong FRP ASTM D4161, AW WA M45 ASTM D3262, ASTM D3517, 09/03/24 3331 13 Fiberglass Pipe (FREI Superlit Bern,Sanayi A.S. Superlit FRP ASTM 3754, AW WA C950 * From Original Standard Products List 2 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. [Classsification I Manufacturer I Model No. I National Spec I Size Sewer - Piue/Polvmer Pioe 4/14/05 Polymer Modutied Concrete Pro, —'to- USA Meyer Polycrete Pipe ASTM C33, A276, -11 8" to I Q'l Class V 06/09/10 El-9 Reinforced Polymer Concrete Pipe US Composite Pioe Reinforced Polymer Concrete Pioe ASTM C-76 Sewer - Piues/HDPE 33-31-23(1/8/13), * High -density polyethylene pipe Phillips Dnscopipe, Inc. Ooticme Ductile Polyethylene Pipe ASTM D 1248 8" * H:gh-densny polyethylene pipe Plesco Inc. ASTM D 1248 8" * High -density polyethylene pipe Polly Pipe, Inc. ASTMD 1248 8" High -density polyethylene pipe CSR Hydro Condud/Pioelme Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - P1Des/PVC (Pressure Sewer) 33-11-12 (4/1/131 12/02/11 33-11-1� DR -Id PVC Pressure Pipe P,pelife Jctstream PVC Pressure Pipe AW WA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Budding Products Royal Seal PVC Pressure Pipe AW WA C900 4" thru 12" Sewer - Piues/PVC* 33-31-20 (7/1/13), * 33-31-20 PVC Sewer Pioe 1-M Manufacturing Co., Inc. (JM Eagle) SDR-26 (PSI 15) ASTM D 3034 4" - 15" 12/23/97* 33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 (PSI 15) ASTM D 3034 4" thru 15" * 33-31-20 PVC Sewer Pipe Lamson Won Pipe SDR-26 (PSI 15) ASTM D 3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe SDR-26 (PSI 15) ASTM D3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" * 33-31-20 PVC Sewer P' 1-M Manufacturin\v�Co, Ina (1M Eagle) PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Finings ASTM D-3034, D-1784, etc 4" - 11" * 33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake) Gasketed PVC Sewer Main Finings ASTM D 3034 1 3/19/2018 33 3120 PVC Sewer Pipe Pioelife Jet Stream SDR 26 (PS 115) ASTM F679 18"- 24" 1 3/19/2018 33 3120 PVC Sewer PTe Pioelife Jet Stream SDR 26 ASTM D3034 4"- 15" 1 3/29/2019 33 3120 Gasketed Fittings (PVC) GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 33 3120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" 1 10/22/2020 33 3120 PVC Sewer Pipe Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" 1 10/21/2020 1 333120 PVC Sewer Pipe NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 18"-36" * From Original Standard Products List FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 08/28/02 Double Strap Saddle Smith Blau 4317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops -Ball Meter Valves McDonald 6100M,6100MT & 61 OMT 3/4" and 1" 1.1.7 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M W? and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 5/25/2.1. 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FB1600-4-NL, B11-444-WR- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., hic. NL, B22444-WR-NL, L28-44NL AWWA C800 I, B-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 5/25/2.1. 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 _ B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSE 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2 B-25000N, B-20200N-3,H-15000N, H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15530N ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc. #406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5121/12 33-12-25 Tapping Sleeve (Coated Steep JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steep JCM Industries, hic. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steep Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steep Ram. SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steep Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW37C-12-1 EPAF FTW Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW39C-12-1 EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DEW Plastics Inc. DFW65C-14-IEPAF FFW 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 (01/08/13) None Water - Combination Air Release 33-31-70 (01/08/13) * E I-11 Combination Air Release Valve GA Industries, Inc. Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 1" & 2" * E1-11 Combination Air Release Valve Multiplex Manufacturing Co. Crispin Air and Vacuum Valves, Model No. 1/2" 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hvdrants 33-1240 (01/15/14) 10/01/87 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 -9/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company ntur A423 Ceion AW WA 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 American Flow Control (AFC) Water- Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works) WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 CITY OF FORT WORTH FORT WORTH. WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 IApprovall Spec No. IClasssification Manufacturer Model No. National Spec Size Water - Piues/PVC (Pressure Water) 33-31-70 (01/08/13) AWWA C900, AWWA C605, 1.113 33-11-12 PVC Pressure Pipe Vinylo ch PVC Pipe DR14 ASTM D1784 4"-16" AWWA C900, AWWA C605, 12/05/23 33-I1-12 PVC Pressure Pie Vin (tech PVC Pie DR18 ASTM D1784 16"-18" AWWA C900, AWWA C605, 09/03/24 33-I1-12 PVC Pressure Pie Northern Pie Products DR14 ASTM D17M 4"-16" AW WA C900, AW WA C605, 09/03/24 33-1142 PVC Pressure Pipe Northern Pipe Products DR18 ASTM D1784 16"-18" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 1 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 1 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 J-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(Westlake) DR18 AWWA C900 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 AWWA C900 4"- 12" Water - PinesNalves & Fittinas/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 EI-07 Ductile Iron Fittings Star Pipe Products, Inc. Mechanical Joint Fittings AW WA C153 & Cl to * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. Mechanical Joint Fittings AWWA C 110 * E1-07 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 EI-07 Ductile Iron Fittings Sigma, Co. Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 EI-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AW WA C153 4"-12" 05/14/98 EI-07 Ductile Iron Joint Restraints Ford Meter Box CoXiii-Flange Uni-Flange Series 1400 AW WA C111/C153 4" to 36" 05/14/98 EI-24 PVC Joint Restraints Ford Meter Box Co.fUni-Flange Uni-Flange Series 1500 Circle -Lock AW WA C111/C153 4" 124" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. One Bolt Restrained Joint Fitting AW WA C111/CI16/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 1100 (for DI Pipe) AW WA C111/CI16/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. Megalug Series 2000 (for PVC Pipe) AW WA CI I I/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLC4 - SLCIo AW WA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One-Lok SLCS4 - SLCS12 AW WA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. Sigma One -Lk SLUE AW WA C111/C153 12" to 24" 08/10/98 E1-07 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 Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(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 EZ Grip Joint Restraint (EZD) Black For DIP 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) ASTM A536 AW WA CI I I 3"-48" EZ Grip Joint Restraint (EZD) Red for C900 WII-18 33-1141 Mechanical Joint Retamor Glands SIP Industries(Serampore) DR14 PVC Pipe ASTM A536 AW WA CI I I 4 -12 EZ Grip Joint Restraint (EZD) Red for C900 .111-18 33-1141 Mechanical Joint Retaner Glands SIP Industries(Serampore) DR18 PVC Pipe ASTM A536 AW WA C111 16"-24" * From Original Standard Products List 5 FORT WORTH® CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 9-3-24 Approval Spec No. [Classsification Manufacturer Water PiDes & Fittings/Resilient Seated Gate 33-12-20 (05/13/15) Model No. National Spec Size - alves Resilient Wedged Gate Valve w/no Gears alve* American Flow Control Series 2500 Drawing # 94-20247 16" I 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AW WA C515 30" and 36" I I 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SO 94-20255) AW WA C515 20" and 24" I I 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247) AW WA C515 16" I I 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron) AW WA C515 4" to 12" I I 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AW WA C515 42" and 48" I I 05/23/91 E1-26 Resilient Wedge Gate Valve Amen— AVK Company American AVK Resilient Scatted GV AW WA C509 4" to 12" I I01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller I I * E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" I I E1-26 Resilient Seated Gate Valve M&H 4" - 12" I I * E1-26 Resilient Seated Gate Valve Mueller Co. 4" - 12" I I 11/08/99 Resilient Wedge Gate Valve Mueller Co. Series A2361 (SD 6647) AW WA C515 16" I 01/23/03 Resilient Wedge Gate Valve Mueller Co. Series A2360 for 18"-24" (SD 6709) AW WA C515 24" and smaller I 05/13/05 Resilient Wedge Gate Valve Mueller Co. Mueller 30" & 36", C-515 AW WA C515 30" and 36" I 01/31/06 Resilient Wedge Gate Valve Mueller Co. Mueller 42" & 48", C-515 AW WA C515 42" and 48" I 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. AW WA C509 4" - 12" I 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 16" RS GV (SD D-20995) AW WA C515 16" I 11/08/99 EI-26 Resilient Wedge Gate Valve Clow Valve Co. Clow RW Valve (SD D-21652) AW WA C515 24" and smaller I 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 WedgF Gate Valve Clow Valve Co. Clow Valve Modal 2638 AW WA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AW WA C 509, ANSI 420 - stem, 4" - 12" I E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. Mcm,scal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) EJ FImMaster Gate Valve & Boxes 08/24/18 Mateo Gate Valve Mateo -Noma 225 MR AW WA/ANSI C115/An21.15 4" to 16" I Water - PiDes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) I I E1-30 Rubber Seated Butter fly Valve Henry Pratt Co. AW WA C-504 24" I E1-30 Rubber Seated Butterfly Valve Mueller Co. AW WA C-504 24"and smaller I 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. AW WA C-504 24" and larger I 06/12/03 E1-30 Valmatm American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve. AW WA C-504 Up to 84" diameter I 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 12 21 Rubber Seated ButterflyValve G. A. Industries Golden Anderson AW WA C504 Butter fly Valve AW WA C-504 09/03/24 33 12 21 Rubber Seated ButterFl Valve American AVK Com an AW WA C504 Butterfl Valve Class 250B AW WA C-504 Water - Polved vlene Encasement 33-11-10 (01/08/13) I 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AW WA C105 8 mil LLD I I 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AW WA C105 8 mil LLD I I 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullshong by Cowtown Bolt & Gasket AW WA C105 8 mil LLD I I 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AW WA C105 8 mil LLD I I I I Water - SamDline Station I I 09/02/24 1 331250 Water Sampling Station Mueller Water Products, Inc. Model BSS01-36-MUDG2-CSD-NL, Freeze Proof. Hasp for Locking Access Hatch Water - Automatic Flusher HG6-A-IN-2-BRN-LPRR(Portable) 10/21/20 Automated Flushing System Mueller Hydrostuard HG2-A-IN--2-PVC-018-LPLG(Perrnanent) 04/09/21 Automated Flushing System Kupfsde Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) 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 Yellow Highlight indicates recent changes * From Original Standard Products List