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Contract 63372-PM1
CSC No. 63372-PMI FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Water & Paving Improvements to serve NISD High School #4 IPRC Record No. IPRC 24-0221 City Project No. 105961 FID No. 30114-0200431-105961-EO7685 File No. K-3333 X File No. X-28415 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Lauren Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth March 2025 �► t n p League nail & perkins 5237 N. Riverside Drive, Suite 100 Fort Worth, TX 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnoinc.com GLP 23338 y X, O F re 9�rr %*:............................. X BROOKS I. BACA I OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions nno�3 Last Revised i 00 41 00 00 42 43 0043 13 lastF ,etiors t Bidde :s Bid Fefm Proposal Form Unit Price Bid Ben 03 0 nn in s 05/22/2019 nn in 4 nno n�= Bidde :s Pf:eq, alifieatiea's Prequalification Statement nn in 4 09/01/2015 00 45 12 00 45 26 Contractor Compliance with Workers' Compensation Law i 04/02/2014 nQ i 004540 00 52 43 Mine -ity Business Enterprise Ge Agreement a 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 0073 10 Standard City Conditions of the Construction Contract for Developer 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 813129 01 32 33 Pr-eieet Meet* - Preconstruction Video 07101/2 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking and Survey 04/07/2018 01 74 23 Cleaning 04/07/2014 0177 19 Closeout Requirements 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.2ov/ti)w/contractors/ or httvs:Happs.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 12/20/2012 0241 14 Utility Removal/Abandonment 12/20/2012 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 03o 34 16 ron e -ete Base TiTater- a for- Tr-eneh DoPa ff* 12/'fez 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical q 05 00 r.,,v.,v.o WedE Results f Ele t..:ea 1 11 1 /'1� 22420i4 quo T e ffl ,l:ti0 f Eleetfieal SyStefRS 12/2042012 q6 05 33 Raee., ays and Be) az'or Elao,'r.�at ci,,4ems 1 � /�tz 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 313600 1� Erosion and Sediment Control Giens 12/20/2012 1 l�r20ao z 1 /'f�r2042012 3 Division 32 27� Ripr-ap - Exterior Improvements Do,-..,..., Do,,.ai Asphalt Pa-y 2 12/7zzr20/i014 32-01 18 ei4 ng Tempef ary Aooralt P.r. 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Gawyant Traa4ed Base r 12/20a012 37� Z 7�v Liquid Tf ea4ed rail FXA/lizaf A s..hak Paving 09/21A2015 1 2 /'fizr20A2012 27�3 32 13 13 A s..hak Pa-yi g G -aek Se la is Concrete Paving 12/7rc zvizviz 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�1 4 116 Bfi&l' U.-Xtz1: Rg 12 /�r2vA2v4-2 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1723 Pavement Markings 11/22/2013 32 1725 Gu -b Adozz 1 1 /n 3-- 3 323126 '27�9 F a Gates C,�nr. ��r� W -e Fences andr tes 12/20Q012 �� 12/7 z '27�3 3291 19 Weed>~enees andGates Cast i Dlaee r.,,, e -ete Retaining A1., Topsoil Placement and Finishing of Parkways 12/2042012 12/20/2012 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 3293 43 Trees d arubc 12/�1-2 Division 33 3 2� - Utilities Sewer- andManhole e Tesfin . 1 71 /7zzrzv/=viz 33 0131 33�--03 10 33 04 10 33 04 11 Closed Gi-euit Television (CCT37) Tripe, fie,. % ,aE-- PuW ji,g 9fExisting Sewer- Systems TeipA B.,n.a;n.. a -a 1~ eet..iea 1sel.,tie (`.,.-Fesio.. !'',,.Afel Test Stations n 03/ow,-�6 12/'frz�-zvriviz 12/'f�zrzvriviz 12/20Q0Q 3304-30 33 04 40 Temperar-y WaterSeryi, Cleaning and Acceptance Testing of Water Mains 07/n�n 02/06/2013 33 04 500 3305 10 Cleaning of Sewer- Mains Utility Trench Excavation, Embedment, and Backfill 12/'fizrzvriviz 12/12/2016 3305 12 Water Line Lowering 12/20/2012 /'�6 33 0513 e—fever a Grade Rings Cast Adjusting Valve Boxes, Other- StFuEtNi'es 01 t9 zz nc z,as�ninlets, and 14 3305 16 Grade Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 12/20/2012 3 Z�v 12/20/2012 330521 TuNrewl l.inar- Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 330523 ZZ�4 Hand Turzcilixg inst.,lla4ie., E) f C. r-ie - Pipe i Casing E) - T,,fmel Liner- Plate 12/20/2012 n6llvvrririvi3 330526 26 33 05 30 U44 ty TRaf-ke -s/T ....., efs Location of Existing Utilities 12/7 z 12/20/2012 33 1105 Bolts, Nuts, and Gaskets T,,,,.t;le T,-e 12/20/2012 12/ 33 11 0 l.. 1 1 11 Pipee Th,�1on Fitr✓.-xg-S z 12/20,L2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 2'1 2 .� 11 1., 0 Ba f IALF,,.,- a Stool Cylinder- Type Eene�et� 1�4'00LCir0 Pik.,, 12/20a012 ?i3 11 11 11�v wed Dejd PRir- arm Se 1 ;.tee t 12/�12 33 1211 Water- -vices 2 ifie Large Water Meters 02/1�17 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 22� " W k P_ub s(1r Fete BtAto,.Fl y Valves 12/20a012 33 1225 Connection to Existing Water Mains 02/06/2013 3�-12 30 n;,. Valve Assemblies for- Potable Txl4e- Systo 12/'fez 33 1240 Fire Hydrants 01/03/2014 33 1250 Water EamrJe Sta4ieas12/20QO12 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Z'2�0 ct.,,ndai-7,1 Page 4 of 5 l.. ✓ 17 Blow ff Valve sse ffib! Gur-ed i Ulaee Pipe (GIDD) 06/1 4 12/20QO12 33 Fibefglxij I_oCc fee Pipe for- r -a-y t., EG,.Aitar fs 12/20QO12 �z Polyvinyl !''l,l.,ride Closed Profile !`_-ay t„ Sa* tafy Sewer- (PNI ) Pipe 2 33� ca-a tafy Se I � Dr flip ��rn g Sa-a tafy Sewer- Pipe L`a1..,-..ome,-.t 12/20/-20 2 �� 12/'fr�-zvriviz 2 2150 33 31 70 San ta+y Sewer- Set=y Genneetions .-ad Setwiee I o 04 /gin 12/7rc�-20QO12 ee E .n''a�1%i: !.1..,.. if Valve fay canital; Sewer L'..,-..o � 33-39 10 333920 C"1- t: P.Vae Gene-ete Manholes Preeast r..n e-ete A,T..nhel 1\R. 12/�12 12/7zz�-20QO12 333930 30 33 3940 333960 60 , heles Fibe,-glass xx rite. awe . n eoess Chamber- (xxt n C4 T.'..ex-y T o � F.(��a1.'�2�.5',,7j, co.:,o.- ct,-.,..t,,,-o� 12/20,L2012 12/20,L2z 12/7rc�-20QO12 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 ✓� 11 11 7� HighDeas;t„ Pelyethylene (HDPE) Pipe F ,- ct� �°��1i 12/frz�-20,L2 z 33 4 1 12 Rein f .-ee Polyetl,lene E) P*a c„1� 11/ 1 5 12/ramzvriviz 33 00 33 4601 Slotted St3rm I arc. 0�/no 1�,�n 33-46 02 Tfam k Dimionj 07/no 1�1 33 49 A C"1r P.V:e 33 49 20 Curb and Drop Inlets 12/20/2012 ZZ�O �tOY Ii\1^� 14ea ,. a is .,n �xh......,.,lls 07/01 01 1 m-rorrcmz Division 34 - Transportation 34 41 10 T,..,ff;,. Sign lss 10/12/2015 34 ^env 11 Attaehment A GE)i+tfs4er Cabinet 12/18/2015 34 ^� n-i 0.02 Attaehmeat B Gentfoltz from 02/2012 3^ ^�03 At4aehmeat G Se€twafe Speeif.e-atien 01/2012 ?/1 11 11 To,. per-ary "raffia Signals 11/22/2013 '2A�3 Removing T -affi . Signals 12/20/2012 3 ^� 15 Reeta*gular -W d F.lwl.�x� 11/22/2013 34 416 gedoG*raA I ybfid-Sigoal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 4120.01 - Amaral LED P.aad-wy Dzwnin ras 06/15/2015 3n n�02 Freeway LED n,,.,,1.,, ., T�x�li�ir9s 06/15/2015 3n n�03 Resi efAi l LED n,,.,a,.,.,y Dwxzkm, l s 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 02/26/2016 11/22/2013 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 00 42 43 DAP - BID PROPOSAL Page 1 of 3 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidder's Application Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Item No. Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1012 Remove 6" Water Line 0241 14 LF 5 $97.00 2 0241.1118 4"-12" Pressure Pluq 0241 14 EA 4 $1,293.25 3 0241.1302 Remove 6" Water Valve 0341 14 EA 1 $1,069.00 4 0241.1510 Salvaqe Hire Hydrant 0241 14 EA 1 $1,539.00 5 3305.0109 Trench Safety 33 05 10 LF 190 $2.84 6 3305.1004 24" Casing by Open Cut 33 05 22 LF 20 $275.00 7 3311.0001 Ductile Iron Water Fittings w/ Restraint 3311 11 TON 1.5 $7,163.33 8 3311.0061 4" PVC Water Pipe 3311 12 LF 30 $32.00 9 3311.0161 6" PVC Water Pipe 3311 12 LF 10 $94.00 10 3311.0461 12" PVC Water Pipe 3311 12 LF 150 $123.31 11 3312.0001 Fire Hydrant 33 12 40 EA 1 $5,177.00 12 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 2 $6,006.00 13 3312.2802 4" Water Meter and Vault 33 12 11 EA 2 $27,064.00 14 3312.3002 6" Gate Valve 33 12 20 EA 3 $1,860.00 15 3312.3005 12" Gate Valve 33 12 20 EA 2 $4,118.00 TOTAL UNIT I: WATER IMPROVEMENTS Bid Value $485.00 1 $5,173.00 1 $1,069.001 $1,539.00 1 $539.60 1 $5,500.00 1 $10,745.001 $960.00 1 $940.00 1 $18,496.50 1 $5,177.00 1 $12,012.00 1 $54,128.00 1 $5,580.00 1 $8,236.00 1 $130,580.101 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Vernon May 22, 2019 00 42 43_Bid Propoml_DAP - Filled 00 42 43 DAP - BID PROPOSAL Page 2 of 3 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Application Project Item Information Bidder's Proposal Bidlist No. Description Item 1 0241.4003 Remove 20' Curb Inlet 2 3305.0109 Trench Safety 3 3341.0205 24" RCP, Class III 4 3349.6003 20' Recessed Inlet 5 9999.0000 Connect to Existing Storm Drain Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 0241 14 EA 1 $6,171.00 $6,171.001 33 05 10 LF 15 $7.00 $105.001 3341 10 LF 15 $324.20 $4,863.001 33 49 20 EA 1 $13,750.00 $13,750.001 00 00 00 EA 1 $3,864.00 $3,864.001 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $28,753.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Vernon May 22, 2019 00 42 43_Bid Propoml_DAP - Filled 00 42 43 DAP - BID PROPOSAL Page 3 of 3 UNIT PRICE BID SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Project Item Information Bidlist No. Description Item UNIT IV 1 0241.0100 Remove Sidewalk 2 0241.1000 Remove Concrete Pavement 3 0241.1300 Remove Concrete Curb & Gutter 4 3123.0101 Unclassified Excavation by Plan 5 3125.0101 SWPPP > 1 acre 6 3211.0400 Hydrated Lime (32#/SY) 7 3211.0502 8" Lime Treatment 8 3213.0104 9" Concrete Pavement 9 3213.0302 5" Conc Sidewalk 10 3213.0501 Barrier Free Ramp, Type R-1 11 3213.0506 Barrier Free Ramp, Type P-1 12 3217.0201 8" SLD Pvmt Marking HAS (W) 13 3217.0501 24" SLD Pvmt Marking HAE (W) 14 3217.0502 Preformed Thermoplastic Contrast Marking 15 3217.1002 Lane Legend Arrow 16 3217.1004 Lane Legend Only 17 3217.2104 REFL Raised Marker TY II-C-R 18 3291.0101 Topsoil 19 3292.0100 Block Sod Placement 20 3441.1831 School Zone Flasher Assembly (Solar) 21 3441.1841 RRFB Assembly Single Sided (Solar) 22 3441.1843 RRFB Assembly Double Sided (Solar) 23 3441.4006 Install Alum Sign Ground Mount Specification Section No. PAVING IMPROV MENTS 0241 13 0241 15 0241 15 31 23 16 31 25 00 32 11 29 32 11 29 321313 32 13 20 32 13 20 32 13 20 32 17 23 32 17 23 24" Crosswalk 32 17 23 32 17 23 32 17 23 32 17 23 3291 13 32 92 13 3441 10 3441 10 3441 10 3441 30 Bidder's Application Bidder's Proposal Unit of Bid Unit Price Measure Quantity SF 13450 $3.15 SF 4900 $3.80 LF 1580 $12.50 CY 1300 $76.30 LS 1 $11,439.00 Ton 28 $530.64 SY 1720 $35.16 SY 1590 $101.98 SF 32550 $9.10 EA 1 $1,800.00 EA 5 $1,200.00 LF 390 $3.50 LF 76 $12.50 LF 115 $25.00 EA 4 $175.00 EA 4 $200.00 EA 20 $14.00 CY 100 $65.00 SY 600 $6.50 EA 2 $28,140.00 EA 2 $28,000.00 EA 1 $35,000.00 EA 10 $525.00 TOTAL UNIT IV: PAVING IMPROVEMENTS Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II- SANITARY SE NER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V- STREET LIGHTING IMPROVEMENTS UNIT \/I: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: Pogue Construction Co., LP Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total Construction Bid BY: Dalton Dunn TITLE: Assistant Project Manager DATE: 5/5/2025 END OF SECTION Bid Value $42,367.501 $18,620.00 1 $19,750.001 $99,190.00 1 $11,439.001 $14,857.92 1 $60,475.20 1 $162,148.20 1 $296,205.00 1 $1,800.00 1 $6,000.00 1 $1,365.00 1 $950.00 1 $2,875.00 1 $700.00 1 $800.00 1 $280.00 1 $6,500.00 1 $3,900.00 1 $56,280.00 1 $56,000.00 1 $35,000.00 1 $5,250.00 1 $902,752.82 1 $130,580.10 1 1 $28,753.00 1 $902,752.82 1 1 $1,062,085.921 100 working days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP - Filled 0045 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tvpe" box provide the complete maior work tvpe and actual description as _provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution, Development, 12-inch diameter Wright Construction Co., Inc. 4/30/2026 and smaller Concrete Paving Construction/Reconstruction Miller Sierra Contractors, LLC. 5/23/26 (less than 15,000 square yards) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Pogue Construction Co., LP 1512 Bray Central Drive, Suite 300 McKinney, TX 75069 By: Dalton Dunn `2-D- -- (Signature) TITLE: Assistant PM DATE: 5/8/25 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP - Filled Form Version September 1, 2015 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 N 00 45 26 - l CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. CPN 105961 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Poizue Construction Co., LP Company 1512 Bra_v Central Drive, Suite 300 Address McKinnev, TX 75069 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By:� Signature: Title: ' Up W kn � (Please Print) BEFORE ME, the un erslgned authority, on this day personally appeared �F M,14AP%tks�- known to me to be the person whose name is subscrib e the fore oin ent, and ack 6wledged to me that he/she executed the same as the act and deed of (" , C �I(�c (�-,� for the purposes and consideration therein exp�ssed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20JS 11 Notary P l lc yinafo a State of Texas END OF SECTION Vicky Loremna Almazan My Commission Expires + 8/18/2028 Notary ID132629869 a CITY OF FORT WORTH 11%ater & Paring hnprovements to serve N1SD High School 94 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 105961 Revised April 2, 2014 00 52 43 - I Developer Awarded Project Agreement Page I of I SECTION 00 52 43 2 AGREEMENT 4 THIS AGREEMENT, authorized on.TNr.t k4,20ZS is made by and between the Developer, 5 Northwest Independent School District, authorized to do business in Texas ("Developer") , and 6 Pogue Construction Co., LP, authorized to do business in Texas, acting by and through its duly 7 authorized representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK I I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Water & Paving Improvements to serve NISD High School 94 17 CPN 105 961 18 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 100 working days after the date 25 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 26 City Conditions of the Construction Contract for Developer Awarded Projects. 27 3.3 Liquidated damages 28 Contractor recognizes that time is of the essence of this Agreement and that Developer 29 will suffer financial loss if the Work is not completed within the times specified in 30 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 31 the Standard City Conditions of the Construction Contract for Developer Awarded 32 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 33 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not -34 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 35 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 36 Developer Five Hundred Dollars ($500.00) for each day that expires after the time 37 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 38 Acceptance. CITY OF FORT WORTH 6Vcrler & Paving Improvements to serve NISD High School 74 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised .tune 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 39 Article 4. CONTRACT PRICE 40 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 41 Documents an amount in current funds of One Million Sixtv_ -Two Thousand Eighty -Five Dollars 42 & Ninetv-Two Cents ($ 1,062,085.92). 43 Article 5. CONTRACT DOCUMENTS 44 5.1 CONTENTS: 45 A. The Contract Documents which comprise the entire agreement between Developer and 46 Contractor concerning the Work consist of the following: 47 1. This Agreement. 48 2. Attachments to this Agreement: 49 a. Bid Form (As provided by Developer) 50 1) Proposal Form (DAP Version) 51 2) Prequalification Statement 52 3) State and Federal documents (project specific) 53 b. Insurance ACORD Form(s) 54 c. Payment Bond (DAP Version) 55 d. Performance Bond (DAP Version) 56 e. Maintenance Bond (DAP Version) 57 f. Power of Attorney for the Bonds 58 g. Worker's Compensation Affidavit 59 h. MBE and/or SBE Commitment Form (If required) 60 3. Standard City General Conditions of the Construction Contract for Developer 61 Awarded Projects. 62 4. Supplementary Conditions. 63 5. Specifications specifically made a part of the Contract Documents by attachment 64 or, if not attached, as incorporated by reference and described in the Table of 65 Contents of the Project's Contract Documents. 66 6. Drawings. 67 7. Addenda. 68 8. Documentation submitted by Contractor prior to Notice of Award. 69 9. The following which may be delivered or issued after the Effective Date of the 70 Agreement and, if issued, become an incorporated part of the Contract Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 CITY OF FORT WORTH Water & Paving linprovements to serve NISD High School 4-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPA'105961 Revised June 16, 2016 00 5243 - 3 Developer Awarded Project Agreement Pa--e 3 oF4 �Rtia C��1►`I_IJ_JIU �\ll � [� r[�I►1 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of, the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to operate 83 and be effective even if it is alleLyed or proven that all or some of the damages being 84 sought were caused, in whole or in hart, by any act, omission or nealiaence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs, expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city, its officers, servants and employees, from and against any and all loss, damage 91 or destruction of property of the city, arising out of, or alleged to arise out of, the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is specifically intended to overate and be effective even if it is alleized or 95 proven that all or some of the damages beine sought were caused, in whole or in part, 96 by any act, omission or neizliaence of the city. 97 98 Article 7. MISCELLANEOUS 99 7.1 Terms 100 Terms Used in this Agreernent are defined in Article I of the Standard City Conditions of 101 the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be Unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding Upon DEVELOPER and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH FParer & Paving Improvements to serve NISD High School h-/ STANDARD CONSTRUCTION SPECIFICATION DOCUNIEN'FS — DEVELOPER AWARDED PROJFCTS CPA 105961 Revised June 16, 2016 00 52 43 -4 Developer Awarded Project Agreement Page 4 of 4 IN 119 7.6 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 128 Contractor: Pogue Construction Co., LP By: O� (Sig ture) V6iM �V � L C (Printed Name) Title: Sb U, ravb%1 — Company Name: Pogue Construction Co., LP Address: 1512 Bray Central Drive, Suite 300 City/State/Zip: McKinney, TX 75069 v Date Developer: Northwest ISD By: Mom -;" (Signature) Ni.-k J. (Printed Name) Title: S I,F_r-t1*e1Ae.4t Company name: Northwest ISD Address: 2001 Texan Drive City/State/Zip: Justin, TX 76247 ILI 2a25 Date CITY OF FORT WORTH Water c& Paving bnProvements to serve NISD High School 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S — DEVELOPER AWARDED PROJECTS CPN 105961 Revised June 16, 2016 THE HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION IV This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: All, except Additional Insureds that are insured under a separate additional insured endorsement on this policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II — Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of: (1) Your ongoing operations performed for such additional insured at the project(s) or location(s) designated in the Schedule; (2) Premises owned by or rented to you and shown in the Schedule; or (3) "Your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and (c) Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law; and Form HS 24 83 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the Schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 83 07 13 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20321219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name(s) Of Additional Insured Engineer(s), Architect(s) Or Surveyor(s) Not Engaged By The Named Insured: WHEN REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the architects, engineers or surveyors shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. Such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. CG 20 32 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of insurance; additional insureds, the following is added to Section whichever is less. III — Limits Of Insurance: The most we will pay on behalf of the additional This endorsement shall not increase the applicable limits of insurance. insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 32 12 19 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. Form HG 00 01 09 16 Page 17 of 22 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organ ization(s): Per List on file with Agent Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 0412 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 THE HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011, The Hartford COMMERCIAL AUTOMOBILE HA99161221 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Form HA 99 16 12 21 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 1 of 5 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV - Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Page 2 of 5 Form HA 99 16 12 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: Form HA 99 16 12 21 Page 3 of 5 (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of ,'loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 .... utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 2/26/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0001221199 of Texas Mutual Insurance Company effective on 2/26/25 Issued to: POGUE CONSTRUCTION CO LP NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 2/3/25 WC420304B 0062 13- 1 PERFORMANCE BOND Page 1 of 2 EXECUTED IN DUPLICATE 1 SECTION 00 62 13 BOND NO.30243797 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Poaue Construction Co., LP known as "Principal" herein and 8 Continental Casualtv COmDanv. National Fire Insurance Coml)anv of Hartford, a corporate 9 surety(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, Northwest 11 Independent School District, authorized to do business in Texas ("Developer") and the City of 12 Fort Worth, a Texas municipal corporation ("City"), in the penal sum of, One Million Sixty -Two 13 Thousand Eighty -Five Dollars & Ninety -Two Cents ($ 1,062.085.92), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum 15 well and truly to be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 25-0068; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded cP 22 the day of Qettvbte— 20 Zy, 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 & Paving Improvements to serve 26 NISD High School 44. 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Water 8, Paving Improvements to setve NISD High School 94 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 0062 13 -2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duty authorized agents and officers on this the the 28th day of May, 2025. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: (Princi al ecreta y ,l V a.� �Wities as to Principal *Note: :t Truxillo PRINCIPAL: Pogue Construction Co., LP f 1�\ BY: Signature ►,lk PoFiUL I Abu, Kw4r Name and Time Address: 1512 Bray Central Drive Suite 300, McKinnev. TX 75069 SURETY: Continental Casualty Company National Fire Insurance Company of Hartford BY: < < " 5a1gtuTP Sean McCauley, Jr., Attorney -in -Fact Name and Title Address: 151 N. Franklin St 17th Floor Chicago, IL 60606 Telephone Number: (312) 822-5000 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 0062 14- 1 PAYMENT BOND Pagel of2 EXECUTED IN DUPLICATE 1 SECTION 00 62 14 BOND NO. 30243797 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Poaue Construction Co.. LP , known as "Principal" herein, and 8 Continental Casualty COmDanv: National Fire Insurance COMDanv of Hartford,, a corporate surety 9 ( or 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, Northwest 11 Independent School District, authorized to do business in Texas "(Developer"), and the City of 12 Fort Worth, a Texas municipal corporation ("City"), in the penal sum of One Million Sixty -Two 13 Thousand Eiurhty-Five Dollars & Ninety -Two Cents, (S 1,062.085.92), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 25-0068; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the 3r day of J tef t* . LLr , 20 Zt which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Water & Paving Improvements to serve 26 NISD High School 94. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 31 force and effect. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School 44 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 2 3 4 5 6 7 8 9 10 11 12 13 006214-2 PAYMENT BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 28th day of May, 2025. PRINCIPAL: Pogue Construction Co.. LP ATTEST: BY: Signature p L Ll Sbte, itm�fl(' (Principal) cretary Nam� and Address: 1512 Bray Central Drive Suite 300, nne McKinney, TX 75069 ,t ss asto incipal SURETY: Continental Casualty Company National Fire Insurance Comoanv of Hartford ATTEST: By; Signature jm— Sean McCauley, Jr., Attorney -in -Fact (Surety) As yn Simchik, Witness Name and Title Witness as to urety Bridget Truxillo Address: 151 N. Franklin St 17th Floor Chicago, IL 60606 Telephone Number: (312) 822-5000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 0062 19- 1 MAINTENANCE BOND Page 1 of 3 EXECUTED IN DUPLICATE 1 SECTION 00 62 19 BOND NO.30243797 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Poaue Construction Co., LP known as "Principal" herein and 8 Continental Casualtv COlnDanv. National Fire Insurance Comnanv of Hartford., a corporate surety 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, Northwest 11 Independent School District, authorized to do business in Texas ("Developer") and the City of 12 Fort Worth, a Texas municipal corporation ("City"), in the sum of One Million Sixtv-Two 13 Thousand Eighty -Five Dollars & Ninety -Two Cents (S 1,062.085.92), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 15 and truly be made jointly unto the Developer and the City as dual obligees and their successors, 16 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 17 severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 25-0068; and 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 3r!! day of 4)0-c er` . 20 Z , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Water & Paving Improvements to serve NISD High School #4 and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School 94 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 006219-2 MAINTENANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Water & Paving Improvements to seine NISD High School #4 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 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 28th day of May, 2025. 3 PRINCIPAL: 4 POffue Construction Co.. LP 5 6 7 BY: 8 4SignatuCr 9 ATTEST: 10 11 �( WOAD I Y1 ATLtk., 12 (Principal cretary (� Name and T le 13 14 Address: 1512 Bray Central Drive 15 � Suite 300, 16 McKinney, TX 75069 17 18 W the as to Pr'ncipal 19 SURETY: 20 Continental Casualty Company 21 National Fire Insurance Company of Hartford 2�L', 23 BY: .5— 24 Signature f 25 �6 Sean McCauley, Jr, Attorney -in -Fact 27 ATTEST: Name and Title 28 29 . rnOG Y_ Address: 151 N. Franklin St 30 (Surety) 5WMfX` As �y`�n Simchik, Witness 17th Floor 31 � Chicaeo,IL 60606 32 33 Witness�to SuretyBridget Truxillo Telephone Number: (312) 822-5000 34 35 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety's physical address is different from its mailing address, both must be provided. 38 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised January 31, 2012 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Sean McCauley, Jr., Bridget Truxillo, San Duckett, Ashlyn Simchik, Sarah Timmons, Jarrod Yost, Liam Hackett, Individually of Dallas, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Laws and Resolutions, printed below, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 4th day of March, 2025. �,�<rh ,� 4XSUR� MrpF Continental Casualty Company 4�e �CF a fit, National Fire Insurance Company of Hartford {Y aon°aure �j 7 n �,rowroa4t American Casualty Company of din Pennsylvania ry Fo .x Z • > A 19 111!I, �J SFJ1l. aay � t isoz 1897 � HAP�� • � Larry Kasten Vice President State of South Dakota, County of Minnehaha, ss: On this 4th day of March, 2025, before me personally came Lary Kasten to me known, who, being by me duly swom, did depose and say: that lie resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My commission expires M. BENT , Nowrr Pusuc r sourN oeuor��i M_ 64e--� March 2, 2026 ;� M. Bent Notary Public CERTIFICATE I, Paula Kolsrud, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Laws and Resolutions of the Board of Directors of the insurance companies printed below are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 28th day of May, 2025. Continental Casualty Company � pasuq<> txsuRq ha vaNr oNational Fire Insurance Company of Hartford F� poRPOFArE _ ; �Rsoa�orrgt� American Casualty Company of Reading, Pennsylvania a x JULY 31, v SEAL c �r 19 �7 1897 + Paula Kolsrud Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF EACH OF CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA (as defined above, the "CNA Companies"): This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of each of the above CNA Companies at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Larry Kasten, Vice President, who has been authorized pursuant to the above resolution to execute power of attomeys on behalf of each of the CNA Companies. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of each of the above Companies by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature, and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." This Power of Attorney may be signed by digital signature and sealed by a digital or otherwise electronic -formatted corporate seal under and by the authority of the following Resolution adopted by the Board of Directors of each of the above CNA Companies by unanimous written consent dated the 27th day of April, 2022: "RESOLVED: That it is in the best interest of the Company to periodically ratify and confirm any corporate documents signed by digital signatures and to ratify and confirm the use of a digital or otherwise electronic -formatted corporate seal, each to be considered the act and deed of the Company." Go to www.cnasuretv.com > Owner I Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Form F6853-6/2023 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 30243797 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 151 North Franklin, 17th Floor Chicago, IL 60606 Telephone: 1-877-672-6115 Form F6944-6-2018 Certificate No 1399 THIS IS TO CERTIFY THAT STATE OF TEXAS STATE BOARD OF INSURANCE CERTIFICATE OF AUTHORITY CONTINENTAL CASUALTY COMPANY CHICAGO; ILLINOIS Company No. 08-20550 has complied with the laws of the State of Texas applicable thereto and is hereby authorized to trans- act the business of Fire; Allied Coverages; Hail, braving crops only; Rain; Inland Marine; Ocean Marine; Aircraft --Liability and Physical Damage; Accident and Health; Workmen's Compensation and Employers' Liability; Automobile --Liability and Physical Damage; Liability other than Automobile; Fidelity and Surety; Glass; Burglary and Theft; Forgery; Boiler and Machinery; Forgery; Boiler and Machinery; Credit; Livestock; Reinsurance on all lines except Life and Annuities insurance within the State of Texas. This CertiSeate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 22 August , 1960 ... day of__..._.---........_ A. n.-- the - --- ... - ----------_.............------- COMMISSIONER OF INSURANCE Texas Department of Insurance Certificate No. 14024 9 Company No. 0 8 - 058 3 00 Certificate of Authority THIS IS TO CERTIFY THAT NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CHICAGO, ILLINOIS has complied with the laws of the State of Texas applicable thereto and is hereby authorized to transact the business of Fire; Allied Coverages; Hail -growing crops only; Rain; Inland Marine; Ocean Marine; Aircraft --Liability & Physical Damage; Accident; Health; Workers' Compensation & Employers' Liability; Automobile --Liability & Physical Damage; Liability other than Automobile, Fidelity & Surety, Glass; Burglary & Theft; Forgery; Boiler & Machinery; Credit; Livestock and Reinsurance on all lines authorized to be written on a direct basis insurance within the state of Texas. This Certificate of Authority shall be in full force and effect until it is revoked, canceled or suspended according to law. IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 13th dayof February A.D. 2006 MIKE GEESLIN COMMIS NER OF INS CE � i r BY Godwin Ohaech6i, Director Company Licensing & Registration 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 1E® CENEd,/, ACEC �®A JAC Sa A.—;:— Cuu-.—. uv Cn... .+ Of AME0.\Ca. S K I L E Rf,T.ONSIB���ty INTEGRITY American Society National Society of ASCEof Professional Engineers Civil Engineers PrafessienalfngineefsinPrfvalePracfim AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nsne.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.or2 Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.a2c.or2 The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology...........................................................................................................1 1.1 Defined Terms......................................................................................................................... 1 1.2 Terminology.................................................................................................................................. 5 Article2 — Preliminary Matters......................................................................................................................... 6 2.1 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.2 Copies of Documents.................................................................................................................... 6 2.3 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.4 Starting the Work.......................................................................................................................... 7 2.5 Begme Sta#ing C s,,., et............................................................................................................ 7 2.6 D eeenstmetion Con erenee; Designation of Att or-raed Represei#atives ....................................... 2.7 Initial Acceptance of Schedules.................................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................. 8 3.1 Intent.............................................................................................................................................. 8 3.2 n e e Standards .......................................................................................................................... 8 3.3 Reporting and Resolving Discrepancies....................................................................................... 8 3.4 Amendin zy,�d F/apr).........................................................................9 3.5 Reuse of Documents...................................................................................................................10 3.6 Electronic Data............................................................................................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points.................................................................................................... 10 4.1 Availability of Lands...................................................................................................................10 4.2 Subsurface and Physical Conditions...........................................................................................11 4.3 Differing Subsurface or Physical Conditions.............................................................................11 4.4 Underground Facilities................................................................................................................13 4.5 Reference Points..........................................................................................................................14 4.6 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance......................................................................................................................16 5.1 Perfefmaneo Payment, and Other -Bonds 4-6 5-4 Contractor's Insurance................................................................................................................17 53 Owner's Liability Insurance........................................................................................................18 .......................................................................................................................... 4-8 5 7 Waiver of Rights......................................................................................................................... 20 Receipt and Application of Insurance Proceeds......................................................................... 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page c 9 A , ept e of Bonds rd Immunse; Optionto Repl., o...............................................................2� 5-.-0 Partial Utilization, Acknowledgment of Property Insurer.......................................................... 21 Article 6 — Contractor's Responsibilities......................................................................................................... 22 4.1 F,ar....................................................................................................22 6-.2 1-4, rr; Werk4ng Hei....................................................................................................................22 w.? hnz:��ees��teri�.�gailn�znt...............................................................................................� tinProgress Sehe„io...........................................................................................................................� E.5 &abstit„o and "Or- Equals .. ...........................................................................................................22 6� Concerning Subcontractors, Suppliers, and Others....................................................................25 ti7 Patent Fee and Ro .,ltie...............................................................................................................27 6-.8 Permits......................................................................................................................................... 27 -9 La r..................................................................................................................... 27 640 Taxes............................................................................................................................................28 -IIU@"fSito and Other- n,o...........................................................................................................28 tit2 o ra De e..........................................................................................................................23 iontit 3Sa, � and Pr-eteet......................................................................................................................29 tit4Sa, � Represent .......................................................................................................................N C.1 FJkizard-Canx%uniz............................................................................................. 30 64-6 Emergencies................................................................................................................................ 30 6 Mix,� Drn i -ings-and &amr) --s ...........................................................................................................30 6-.1-8 Continuing the Work...................................................................................................................32 -aaruntee.............................................................................. 32 6-.0 Indemnification........................................................................................................................... 3231 ti 2l Dole ation fProfessional DesignSe o.................................................................................... Article 7 — Other Work at the Site ...................... 7.1 Related Work at Site ...................... 7.2 Coordination ................................... 7.3 Legal Relationships ........................ Article 8 — Owner's Responsibilities...............................................................................................................36 8.1 Communications to Contractor...................................................................................................36 8.2 Replacement of Engineer............................................................................................................36 8.3 Furnish Data................................................................................................................................ 36 8.4 Pay When Due............................................................................................................................. 36 8.5 Lands and Easements; Reports and Tests................................................................................... 36 8.6 Insurance..................................................................................................................................... 36 8.7 Change Orders.............................................................................................................................36 8.8 Inspections, Tests, and Approvals...............................................................................................37 8.9 Limitations on Owner's Responsibilities....................................................................................37 8.10 Undisclosed Hazardous Environmental Condition..................................................................... 37 8.11 Evidence of Financial Arrangements.......................................................................................... 37 8.12 Compliance with Safety Program...............................................................................................37 Article 9 — Engineer's Status During Construction......................................................................................... 37 9.01 Owner's Representative.............................................................................................................. 37 9.02 Visits to Site................................................................................................................................ 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.3 Project Representative.................................................................................................................38 9.4 Authorized Variations in Work...................................................................................................38 9.5Rejeeting Defeetive Work .............................................................................................................. � 9.6 Shop Drawings, Change Orders and Payments..........................................................................38 9.7 Determinations for Unit Price Work........................................................................................... 39 9.8 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... 39 9.9 Limitations on Engineer's Authority and Responsibilities.........................................................39 9.10 Compliance with Safety Program...............................................................................................40 Article 10 - Changes in the Work; Claims................................................................................................. 40 10.1 Authorized Changes in the Work................................................................................................40 10.2 Unauthorized Changes in the Work............................................................................................40 10.3 Execution of Change Orders....................................................................................................... 41 10.4 ,.T�. ea ion to&are-ty ....................................................................................................................44- 10.5 Claims....................................................................................................................................41 Article I I - Cost of the Work; Allowances; Unit Price Work 11.1 Cost of the Work ................................................. 11.2 Allowances.......................................................... 11.3 Unit Price Work .................................................. Article 12 - Change of Contract Price; Change of Contract Times.. 12.1 Change of Contract Price .............................................. 12.2 Change of Contract Times ............................................ 12.3 Delays............................................................................ 42 42 45 45 ............................................................ 46 ............................................................ 46 ............................................................ 47 ............................................................ 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......................48 13.1 N t; e of De f e..........................................................................................................................4-8 13.2 A , o t W^" 1'............................................................................................................................. 48 13.3 To�s „a h ee.....................................................................................................................0 U 13.4 T- o g Wofk......................................................................................................................... 49 434 Owner May Stop the Work......................................................................................................... 50 13.7 Ceffeefien Period ..........................................................................................................................� ..................................................................................................... 34 13.9 Owner- Ma,C etDef efi era o v...........................................................................................-5-� Article 14 - Payments to Contractor and Completion..................................................................................... 52 14.1 Schedule of Values...................................................................................................................... 52 14.2 Progress Payments......................................................................................................................52 14.3 .....................................................................................................� 14.4 Substantial Completion............................................................................................................... 55 14.5 Partial Utilimien.......................................................................................................................... � 14.6 Final impeetien.............................................................................................................................� 14.7 Final Payment..............................................................................................................................57 14.8 Final Completion Delayed.......................................................................................................... 58 14.9 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......................................................................................... 58 15.1 Owner May Suspend Work......................................................................................................... 58 15.2 Owner May Terminate for Cause...............................................................................................58 15.3 Owner May Terminate For Convenience................................................................................... 60 15.4 Contractor May Stop Work or Terminate................................................................................... 60 Article 16 — Dispute Resolution....................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 Article17 — Miscellaneous.............................................................................................................................. 61 ................................................................................................................................ 4 17.2 Compt4ation fTime ..................................................................................................................64- 17.3- 0,miulati e D o edo................................................................................................................... Q �7.1 F/ar:..................................................................................................................g2 17-.5 Controlling Law.......................................................................................................................... 62 ........................................................................................................................................ 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.1 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. II. eeneemi g the -work. The Con-Faet sufter-sed€j—pftof negetiatio,zeplzeseiitatiens,-ar th✓r `rrlltteft-& -efc .. 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.Ggntraet Doeum&os These items so designated in the Agfeemen4. 0* printed of har- eepies o vrY.\-.*nt . Appr-eved She Drwftinga, athe . CefAf e or vabn2ittul3, and the r„ 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. . 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. . 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-A i-leston1 prinapal eempletion or tir.:o p1ia,- to S4stan4ial Completion f a l #ie 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. 41.Site bands o areas indieated i the r rA.-aet Doe ,,,,,ost w be fumidbZ by n V%e,- upon which Ak- 10 to be—pef:93rin€d, inEkzdi sights -of way and easemeffts- or-caeeess thereto, and seen otho land %mished by Ovffler- "ieh are designated fef- the use of r 42. meted-als, e . Ystems, Standardsand iva'rr.:amhip co applied to A1, and aY111 Hstr- tive its and r ab the -eto o un�l rnat�a�vapp i 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. Supplies —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. Woi* The entire eenstmetion or- the vafious separately identifiable pai4s thereof r-equir-ed to be pfevided undef the G&Afaet Doeuments. ork i wludes and ;s the re„lt of „erf ,.. iag pfeN4�s all labor, sor 4,iaes, a -a aee„ffentation neeessafy to preduee sueh eenstmetion, aBd -fumidning, pnztealling, and in;;afpefafi g all mat:xiala and equipment ifAe stteh eenstmetion, all as required by the GepAfaet Deetffnents. 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. 1.2 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. ■ appf l fe f rroa to ix the r,.��a--ur.:-znt+,-er o.hm bo.n damaged pfier- to Engineer's reeeffmnendafien af—final pa-, Fesp;nvrbili f haz bead aaziyaio wn:x at F&abatafilial Completion in aoee ith Nrugrual.h 11.04 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.Thfurioh," 'Vant, shall mean to siipply and deliver said 000, mat„ ' , er- equipmefA to the Site. some ethef ar uza or insteallati 2.The word "install," v�en tised in eenneetion with sefviees, fnatefWs, -- -1 . . . t, shall. mean to ptA i I laee in final position said sefviees, materials, or- e"ipment eemplet 3.The werda "pxform" ar 'Iffa ide when used in eenneetion vAth sefviees, m c6alg, or equipfnefA, shall mean furnish and install said se a-eo, natc6aland ready for- intended ttse-. 4. M„ "inuhall," « re „ is not used in e0fifteefien with sefviees-, n%atc6a o, or „ s an &-igati , 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 2.1 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. 2.2 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed A. The CePc�i ct Times will eenvneaee to ma on tho thirtieth Agr-eefnen4 or-, if a Notiee to Pfeeeed is given, on the day indieated in the Notiee to Proceed. A Notices toProeee' may be given at any time thin 2� s after -the Ef eetive Dateotl3e Agreement. in no event will the GefAfaet Times eemmenee o run latcr than the Sixtieth day after the day of Bid opening of the thiffieth day after- the Effeetive Date ef the A date is ,.1: 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 2.4 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. thef ise eeif oa i noml Ita,,uir-ements) Gefi ..,e4e - shall s„t„ it t Engineer- for- tifnel., l.a oliri r�r, o tin�oo (nffmbers of days of dates) fef staffing and eemplefing the var-ious stages of the Wer-k, inelu&ng any Milestones speeified in the C— ntmot Do 2.ctir��-��,, cif F/ab:r)ifta4s; an 3. zkmnary Sehed le of values f f all of the Work whieh ineludes quafAifieo and primes- of items whieh when added together equal tho CefAfaetPriee and ,,,.,a;vides the Wefk into, eemponont party in mffieient detail to sei=ve as the basis for progress payments dufiag perfefmanee of the Work. SaEhpf:iees will ineludo an apprapri to ., w# of efhe a 2.6 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.7 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 3.1 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.2 p c „ Stand,.,,a R 1.Referenee—to thandafds, speeifieafie o, rmnualo, afeo&z of , efganizatien, of- asseeiation, of- to Laws of Regulations, whether rs k 3rseifie by impkea-tAn, ahsa11 i. o an the standard, speeifie +'�:5, rnnan ul, seder or- Laws or- Regulation in effeet at the time of opening of Bids (or- on the Etfeetive Date of the AgfeemepA if ther- were no Bids), except as may be other -wise speeifiealb, stated in the GofAfaet Decidmef4s, 2.Ne pr-evisien of any g.-.dh ckandafd,-speeifi n, manuah, ee o, or arty ins lie e Seal�cr, ohall 1!. , ont ��+, ar Engineer-, er- any of their- subeentfaeter-s, eensu4tants, agents, er- empleyees, ffofn these se fefth i the r fft, aet r,,.etffnents No suesueh p „ --T irzouefios d.m11 be otf etive t to--Owyxor, Ell , , difee4or3, mcmbet-3, partn , emple,, agents,eensukkants, > 3.3 Reporting and Resolving Discrepancies A. Reporting Discrepancies: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 63 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). A. The Gentr-actDec en4s may be apaended to provide for- additions, Qeletien3, and revisions � the �x�rtomodify4he-to mo anj , „ditions thereof by o4heF Virgo Order- o a Wo Change Di e4 B. � and �i,ons and deviatin th�ork n2a,ways.- LA 2.Elagineef's appfev4-&f a Shop Dxr� or Fampl„ 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 3.5 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. 3.6 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving parry shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring 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 4.1 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. 4.2 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. 4.3 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 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 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and 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 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 professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.4 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 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 or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.5 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. 4.6 Hazardous Environmental Condition at Site A. Rcperts and Drawings F13o&applementary Conditions identify these r-epoi4s and drawings - known ditInt,,.,.,e been iden fie at Vie. B. ing2; am n " is identified in the Supplementary make any elaim against Ow-nef er- En-* y ef their- , dife:tom. , members, , employees, agents, eenstiU^~+ eontfaEter-s with r-espeet to: 1. ' but not. , ineluding, limited to, any aspeets of the means, methods, teehniques, sequenees and pfeeediffes e eenstmetion to be employed by Centr-aetef- and safiaty pr-eeatAiens and pre-giumo Kleidet +per 3. "teeluiieal data" of any s:ue 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 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 Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. 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 I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE A. GopA..,,,4or- shall f,,.nis per-f nna- ee and r e t bonds, e ob in an afflotm4 .,t least o a t the or do Qkall in effw u11,1 OtIe year aftef the date ,. he Pt1.1 Pa; in Pal aph 1 3 .9,7, .z-hieheye - is 1. a -, o pt as provided other -wise by Laws or -Regulations by the Co t,. et D,,,.wne ts r,,,,t..ae -- z�lm11 alza-ful Zh :,,,,.1. O ffthe-F 1.0-nds as are requiredby th G pAfa 4 De .,tom B. All Yrondj 91m11 L ��t�f pr„ W m prayed other -wise by Laws or-vo,.,,l.,tionz, and droll be exeet4ed by s „a, s ,.egos as are namedi the 1i of "Companies Holding Get4ifieates of Authofity as Aeeeptable Sweties on Federal Bonds an as Aeeeptabl a3 pabli2he i Gir-eula - 570 (amended) by the F;,,.,m;.,1 h, U.F. DapaAmeat of tiv Tivasefy. All bends signed authsfit-y to bind the-swety. The -evidenee-ofzatthofity ill zhl aw that it is eff etive on the date the agent of! attomey in faet signed eaeh bond. C. d 1ianlwur- of l,o,,,,,. es inselvea4 of its right to kvcz is,ated in any state whefe any paFt of the Pfejeet is leeated of it eeases to meet the f Pa1agrarh 5.91.B, and Engineer -and 91-m11, within 20 days after- the event givinge t suesueh ,,,.t;f;,.atio,,, provide another- bond and s et„ l.,.tl, "Z'woh droll somply with ther-equir-ements--of lklra ll ph. 5.94-.B and 5.02. A. All bends d 1nvalnc Owner-er- Go t. aeto f hall 1Q obtaineor ir�mncthat are duly heense of authorized in the sdietie neh the Pr-oJeet is loeated toissue boffl-do or imumiee lieies for- the limits and ,over -ages so e ,-ed. &doh varet d imaurnnae-oxmpam. x tlmk aloa meet sueh additional requirements and qiialifieafieas as may be tN,. F/arr).affiefit A. cr-opAfaetor— shall deliver- toOkvnef!, with eopies to eaeir—add4ional lm-wed--aid-4om pa-,e idelfti€iedinthe -Stipplementmy Conditions, eet4iflea4es-of imau nse (and other- evidenee of insufanee r-e"ested by Owner -or- anyother ,,dd t'."o:al ins,, ed) ,. -hie1, Co t,. eto - ; rod t piwehase and maintain. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 63 B. Owmr cha11 ' 'znal pnziumd and loan payee identiflod ix tho 1; W., , eeftifieates of insiffmee (and other- elvidenee of cc arr,--eflwr--�oinal it -urod) whieh O tnti-,- io rye C. oxp;ianee with these n3urunnoo r„ 3mplian e dzhalln ' maintain stt&. ifs a\noe E.The instwanee and ins„oo limits required her✓rn zhall nat be deemed as a limitation erz Eentr-aetor'o liaNlity-ander4ko indom-vi' . 5-:4 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: 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 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 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 other -wise provided i the Supplementary Conditions, n.t,,o: ?hall pursh o and Y. „Aai vrh at the Site in the amount ef the full feplaeefneat eest thefee o aniounto as mwy-b o &-applemen4af-y Conditions of required by Laws and n oDdl ati ). Thiz i-n-,urawe l: 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 Linelude the interests of Owner-, Gentfaetor, Fr,j , and Engineef, and any o Fray fl'1`�'Z'lta�y' voiritle"rrrcnicr rrEey',r-airEEt61'.T, memb , Vartn„ omultanto, and the,., each of who is deemed t hayo an imambze intefest d zhall bt listed as a lass 2 be written a Builder-' ak "all r &" plie J ll at I.-ast ineln o inmrumee4er c6alg and equipment tmrvt, and zhull inrura againstet lost the . fife, lightning, extended eover-age, theft, vandalix.s. and iol-o rmsehief-, eollapgo, debr-is ro a , .lo,, el;tio eeeasionedby e fe ,.eme t of T t,3 Z-ra Regulations, water damage (ether- than tInt-ea-used by fleed), and as th F/apr)., . 3. 4.eevef in and e"ipment ster-ed a4 the Site of at another- leeafien that was agreed te -*in "fing by pAur t od that oua',l materialo and equipment have been ineluded in an Appheation fef Payment feeeffimended by Engineer-, 6.inelude testing and stafPdp; an 7.Y/j nm-intain2d in effeet until final payment is made anless ether -wise agreed te in wFifing b car lom lrr ee4e „h,,,., a ,.o,.tW4eato f im- pane tas hoe„ ; oa B. 9vfficx 6hall pure'n ir--ulnae-of additional W-peily wmee as may be r-equir-edjbY tiv FmW—I. will inelude the intefes4s of Owner-, Gentfaetef, Subeentfae4er-s, and Engineer-, and any othe individualsor- entities identified in t% Fiat' lo,Y e t.,, r .,. 7 ii-md, and the effieer-s, ir—eet6rT, memb€no, partne , agents, , eh of wh,,,,, ;s deemed t have , ,hle i tefest and Hall bo liztei va loss payee— C. ptwehased d rmintained in aeeerdanee ith thiz Rarer Lain a visien -er refused until at least 30 days pfier- written nefiee has been given to O�N%er- and Gontfaeter- and to eaeh other- less payee to whom a f inoumn-u 1,,.x lweii isseedand will .,t., gmlh 5.97, D. -o-r 11ia11 :mot be ro s;hlo for pumhwzg and w. nt,;,,;,,n po,t.. i11mmarize speeifie in this Neap ph 5.96 to peteet the interests f Ge t.-a to:1, F/ab^ "t"^^t,, thefs intLo Gendifim. The risk f1 less rwithinre& ] Ecfiblo �vcrtr v1 ./pll.. r „t aeter, Seb ,,tract r-s, ef Axm as , and if any ef them w'1Z 0 1rapefty 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 lk�to of-aua'i an2ount , o and maintain it at t*e r/ar��hag ' . E.If Gefi ...,, tor- requests , riff,, t zn4aal ixvam:iee—beekwlthe—Tfspefty lieies provided ,Hack thio Bam,Tuph 5.96,,-9 ac- dhsa11, if possible,sue�i ins ee, and the eest thereof will be ehar-ged t r,,,,,,.,,, tor- by appmp:-.ate redo . Wier to eneemenl= of the Work at the Site, Ovvmer-ohall in ..-Titing advise GefAfae4er- whether- of nor i mxu2anoo hao b . -5-.7 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery 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 against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 8 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. A. if either- nw nefor- Gent..ae or hay an; of the bendo or ire um-twer-equir-ed t o pu2olhan or pa&y-4n aeeerdanee with A, ie o 5 on tho bodz of nee with the-C-entr-aet Doettmeiits, thobjeeting pafty sha4l so notify the other- pafty in "ting within 10 days after- r-eeeipt of th o tho oth„ f invamnee pro ided as the other may feasenably request. if eithef paA-f 000 r.t purehaso or nmiain all ef the bonds an paft , ; "frog f stieh f ;kwe to purrcc,wo p6or to the-st4 of the We fk,or- of St eh failufe to thout pr„' r-emedy, the ether pai4y may eleet to obtain equivalent bends or inm ne was required to provide sueh eever-age, and Change or ohall be issued t adjust the Cont. aet Pr-iee aeeer-dingly. -5.-A Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 63 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES A. r t. ae4 r 1 a 3a' ri + ff; a cvnrrRcca� A� L`lYe ""�e8r-ilia �ev� �rairi�E6riipecen crrrE�en ', devoting sueh attention thereto and applying sue -+JM and expertiso zz may-bee-neeeeeesssafyt pow r.v, the Water is aseor-,l. nee with the r n,,. et D,,,.,,,. ents Coot, aeto: 51h'ill be solely responsible for �>10 intk. ant-cv,pv zy r-equir-ed by the Cont,aet D,.,.,,,nents B. At all firnas dwing the progress of the Work, Contractl✓t shall ami vaXnrtnt c and L'ngieer tmder-tr�--c&dinar,• w,.,*,,nees A. , sttitab�y qtta4ified personnel to sttfvey and lay out the We and pe> f m eonstrtietion as required the }tfactBee en }tom+eor Hall at all -yes mir tain good diseipline and of:der at the Site. B. or Wap-x;mot at-� L1liaL be porfefine,l ,1„rinn ,-eg l.,, rv;„,- hmuru. Gentfaet r will et ro,.,. it she pet=F ,-m. nee ef Wefk a Falaif aye Sunday,er- anylegal holiday o .t�ithcrnn t v$PnerS-=vciri A. 3f. ll W ,mido arxi mum.-AtH labor,, and ehnor,-teo'ra, apniar.es�el,power�igh eat,telep ater��itafy faeiliti� r, and eompletion of the Wofk. B. ad into the Work 3h ll Y� a , if , d in tN,. r,,,,,-. aet Doettments. All speeW waffanties and guamntees required by the Speeifieations shall expressly fun to the be of Owner-. if required by Engineer-, Contraeor Hall %mish satisf etefy e ,ideas e (ine „ hng r-epoi4s of feqeir-ed tests) as to the seu a, hind, and quality of materials and equipment. C. M"natcrralo and eqt4r on mill b --stored, aprlia , ,assWled, eenneeted, *ad, Wtaeted,- aaWzo F/apli„�tas other -wise may be provided in the Contfaet Doeuments. 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. r Onsa11 adhei e to the -Progress Sehe „le established ; aceefdanee . it D.,,- gru . 2.97- t:no to ✓- .idsd Wxrr, ' cr QNall mYrnit t ox. mt inked in Pa graph 2.9-7) proposed adjus4nefAs in the Progress Sehedule that will not result in ehanging the CopAfae Times. Cc,,e .,3ju:�*,rnz.-it:r=lleemply witanyh ^ f the General Reqtiir-ements ,.1;eable thereto 2.Ppoposed adjestments in the Progress Sehedule that will change the Contmet T og 51��11 I�e may only be made by a Change Order-. A. by using the name of ., proprietary item ^r the name of a pa t;--ula &applio, the s e f;^ do desertion rz intro oatAfida t , and quality r-eqtfir-ed. U-Mes-s the speeffieatien or- desefiption ontaim. , or "c eq" " item ^o no s bstit+tiels peffnitteC , other- tems of matefial or- e"ipfnefit- of materialor- P other F/applier-S bo zubm. itted to Engi ee f f N review „ao,- th-e mstwnrees belto ., 1. "01, Equal" Ae-mg.-- if in Engineer's sele diser-efien an item of material or- equipme o that name vmilar oho >1 nge ; related Work will be required, it may be ^ sideroa by Engineer ro an "or- equal" 4-.%, in ease review and approvalof the r oa iteff , in Er o4e -eomr)kanae with some or- all of the fequir-ements fe approval of proposed subsfittAe items. Fof the p"eses f thrz Pam . , proposed item of material or- equipment will be eonsider-ed ftmetionall equal t^an item so namoa ;f. 4}it io at least eqa l in rvxttefials of eonstfuetion, quality, durA/li earanee-, streno, and ohurcdexisties; � r e�!errs!*s��.e�e�s:rsrs ee�rrrr�ssrsrss �srOwl b-.Gontnaterr eertifies that, if �r�sstr��!E�:e!+::sesTsze�s�rrsr_se!r�:r�szerr� 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 Tf i Engineer's solo diser-e ion an item f mater-or- „t proposed by Coot,." to does not "afif� as an "or- equal" item tmder- Pafagmph 6.05.A.1, it will be eenside -proposed sibstitu4e item, 1, Contfaete 1hall vabr..\t suffi iepA ,,,f^nnation w p,,,,videa below to allow Engineer- to named and an aeeeptable sttbstitute ther-efor, Requests for- r-e-view of proposed s4stitate items of material of equipmen4 ill not ti.aeeepted by Engineer- ffem myone Wier- di —an. r e.The equir-efnepts for- eview by Engineer will be as set fefth in I%m,.,.� >�.A.2.d, a Supplemented by the Genefal Reffi3 ro E i,.;,,00, Y, a eid iz aMrapftate tindef thG-z;,rcun:.3ta� dor cl,.\all rnaho-,,*tt�n a coat' ✓apxl ioatial . a)perfmn aogaa4el„ the f,,,,,fie j and _ohi. b)bcj,,n,iilar in vrYear.. te that speeified, an with Owner- f ,. the f work cn the Prejeeo to adapt the design to the propose sebsti"e item, an b)av ;lable engineer —in , aaLaa, mirt�apaiA X.-rd--repTIE-releffient sefviees; 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 1)zhall aantain an itemized estimate of all eestsere a to that will rwalt-meet" hum. , uzo of . Preeedu va: if a speeife oarrz, :m-tea teen furnizh or utiliaa a vabzti"o n2aam, madied, teelffiiqtte, sequenee, or pr-oeedi of eonsn ap-jx9ved by Engineer, Centfaetox7 ohall submit .,,,ffi^iefit inf fffl tie to allow Engin0ov� In sole dis ,-etio , to dete -„-.; a that the s4sti' ' ,, 0 7 ; e .,lo„A to will be zinular to these pfevided in Bara . . . C. Ehg neer�s Eivalrate9: Engineer will be ed a maoomble o within ,,,b,;^b, +e^ aktat^ ,^l,pr-ope ,l or mbcmitW xWo p`rct nt to %mb— ph. 6.05.d6.05.B. Pngi fun•�zh additional data ^ti etA the proposed s„b sfi „ e item. >',,ginee-,,,;ll b,o the sole judge -of aeeeptability luny-�v^-"or- eq " or-ou 7::titute will be ordered, installedo utilized tmfil ' � in the ease of 4.,f; e-a d an appcoved S op D wi qual." Enqineer- will advise Gentr-aetef in wfifing of any negative de4efmination, D. Speeial Guaffintee., Ovm€r- may require -CentraEter te--fumizh at-GentFac-tor'z-ZpeH�� ^ ^7 E. ' not „ginec app-,,o .�Oz a zvabotitute so proposeddry by Oentme4er�pAfaaersha4l Owner- for- the Feasenable ^barges f E,,gineo, gar xialuati g aaoh Fmsh proposed substi"^ or ohall aroo roimIxm making F. or zk..vll pravide A data in suppa # f any pfoposed substitute 46er-equ" at Ge}tfaEter-'s expense. Concerning Subcontractors, Suppliers, and Others A. Eentraetar zhall n tar, DdW i✓r, or these aeeeptable to :x az indieated in Nrupmph ar as a went, a iszt „bye Owner- fn otjeetienor Olml1 not be required to empley any c„b.eentraetoA F/applia,l or other- individual or- en4iV o fumizh or per�b-.m arty, khe «7. 4 ., „st ,,,1,,,ffl /''..w,-.,eto - has reasonable objeetion. B. ff tho F/aprl tam &ab^ego, Fiappliefs, er speeified date oriel- to the Effeetive Date of Agfeemet#, and ifGetATa or thereof in aeeer-danee with the Supplemetitafy Conditions, , er- by failing a maho 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 ■ . ■ . . MML"R 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 other individual er- en* se idefifified may be revoked on olbasio of duo irfaztigation. Gentmetor shall submit an ae een,f �or, Supplier-, , and the Gentfaet Pr-iee will be adjusted by the eFenee in the -cent oeeasioned by sueh Feplaeemen4, and arr, appr9pr4 to Change Order w;11 be issued. N aeeeptanee by Owner- of , Fmoh F&abeentme -ua Fmppier, o other- indi ,;.1,,,,1 o entity, whether- initially or- o a ropkeemen ,,—siiall eensciccito a waivor C. shall bo %Ily ro sible t Owner- ,,,,,a Engineer- for- all aets and emissionsf th-e- SubeefAfaea"U, F/applitrs, and the f ;n.1;,,;.1ualsor- f hies rorf^,.. ing or—fumishing any of the Work for- Coneter-'s ovffi aets andofnissiorrS. Nothing in t-he Gcxntruot Do !.shall efeate fer the benefit of ouch Subtler, Eup i. -s error indi Mual or e" any „+,-,,.,tua ,-ela4 omhip between Owner- or 1_33c�.-imaef and —any s oh &abo^ r S"plier- or- other- individual or- efAity; no of or of my moneys due any s ah F/aboantfae of, Wppli„ , or- other- individual or- en* exeept may other -wise be fequir-ed by Laws and RegWations. D. Eentrae or shall be sole! mopomb!a or- seheduhig and ting the W04E e E.Eeatfae or shall regain all F/aboantf rz, FlaWker-s, and „a, "thor indiAd als-�� filmiahi oormnunio F.The d isrxsz and seefiens of the Speeifieations and the identifieations of any Dr-awings sha4l no eontrol Eentfaeter i a;vidi g the Wool am. ng SttheopAf,,,.tEWS or F/applie,.i OF delineating the Work to be per-fefmed by any speeifie tfade. G. mate=agr-eement binds-thso Deetiments between Goatfaeter-and F&abee _- Fmppin fi3r- the benefit Owner- a F&ab motor or the Subeentraeter to- ho appliable-4onm Engineer-. Whenever- F/apr1r.:n will he ptwsuant to or F/appEx whish seeifie 4y asd eenditions of the con ae is S4,,,,pA, aet of and ., or Suppl`x -i o io liotod az a loot pa; any sueh agFeemew with er.,- inmumanee pfevided in Paragm h 5. FlaWr. l or or eent-ain provisions ,,,hereby the eontraeter or &applies -,iai-toz all rights—aonst Owner GofAfaeter-, Engin=j arxI all ather- individu,& or entities identified in Conditions t be lusted az inziar„ zadh and any of them) for all losses , afisizag out of, relating to, eov red by suesueh relieies and any other- r ro,,„ ingmanse applieable-to thex�,,r. if the insurers os arr.; ,e'' '::� ;ro sropamwiens —tebe igneaby aeontaeter Sul:pl -._Y, r,.,,,...,, ter- will l bt i the same. 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 A. GofAfaetor-11m11 pay, all lieense fees and N .,lties ""el aavame all ewes ineidepA t the use in th-e peffefmanee of the Work er- the on in the Work of any ifwen4ion, design, pfeeess, pr-oduet, or- hn'i iz t . paftioular ixventio design, proeess, pr-oduet,or- dev e ; eeifiea i the GofA,aet T,,,,.,,mentfor- use in the perfefmanee of the W-ofk and if-, to the aetua4 knowledge of Ovmer- or- Engineer-, its - use iz ou17� to-etlxon, the existenee of-3,xh right-s-:hall Y� . B.To the fullest ex4ent pefmitted by Laws and Replations,w ohall indefmify and he! hal=nniess Gontf-a&.cA� timed its off>-eer-s, direeter-s, memb , par -.er-s, employees, agexts (ineluding but not limited to all fees and ehar-ges of engineers, > a4tofneys, and othef professionals, an ortg) arming-ei o€-erelating to any infiingement of patent rights or- eop��s ineident to the use in the per-fi3fmane-e of the tic o: resulting fiomrthe eor-pofatien inthe Wo4c of any invention, eess payment of any heense fee or- foyalty to others r-equir-ed b patent rights . C. To the ffillest ex4enl pefmitted by Laws and Replations, Gontfaetor- shall indefanify and he! hat=niess Ovffiand Engineer-, the offieel=s, dil=eeter-s, fnembero, partner , a sp;o e , eonsultants and subeepAfaeter-s of eaeh and any of them ffofn and against all elaims, eosts, losses, and damages (ineluding but not lifnited to all fees and ehar-ges of engineers, ar-ehiteets, attomeys, and othef 3mlz an o) arrzing OU4 o 3Y r6atin o in the perfofmanee of the Work or- fesulting ffofn the ineofpofation in the Work of any 4wention, 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. �ith all La-� heable to the per-fi3fmanee of the Work. Ex.e app .oabllo La rs and egt4tio.-,z, reither—Ov%o -nor Engineer ah ll be --po.-.F/.ble-e'emonitoring GontT-aetor-'s eomphanse with any Laws or- Regulations. B. if Conimeter pei=fefms any Work kneMng of h to know that it is eentr-ary to Laws of. shall Y%oar all drain-n, --woo, and damn limited to all fees and eharges of engineers, arehitee4s, attemeys, and othef onalz and -ell 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 ^„ft ^ ar-b:,, ,tnn or olution sta) ariDin . Hewevoi� it zInll n orU rz.lito make eeftain that the Speeifieations an 7,� Drawing& an in aaeefdanee with r , .,& and Regulations,o zhall nat felieye C r,-faete f ^� Gofft,.aetef's obligations , do,. D,,,.,, mph 3.9-3, C. Ghaage3 ic. La,6-s-V-T--IX2W�—la4iens not known at the fifne of opening of Bids (of!, on the Effeetive- `Zv no Bids) of the 'orh zhall �-,o t and Gefitfae4er- afe unable to agfee on enfidement to or on the ameth,4 of extent, if my, ef ,el adjustment, a CJrai-m, r.wy b m do heFer^r ;dod in IIavagFaph444& 640 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. ' °tear zhall eenfine eenstme4ion equipment, the stefage ef Hi :&gala and-equrprxznt, and the epefatiefts of wer-ke o tlo Frt„ to , and dhall ".t unfeasenably eneumber- the Site and other- areas wM eonstfuetion equipment o ether—ateFWs or- equipment. Ge}tr-ae oc wall assume full responsibility for- afty damage *^ cont lance resulting€rom tN,. p-aff ffri ttee of the Work 2.Should aft)-olaim bo ado by any sueh owner -or- oeetipant > eea- se of she r"rf ,w,.,anee of the „-ofk, Co;itr-aeor Onsall proxp, y settle with elf other- pafty by „egaittierror- Q ef resolve th olairi b',, ar-bitFatio or -other- dispute r-esoltition r eedingor- t law. 3.Te the fullest extent pefmitled by Laws and4� s latins, Gent ae or droll indeffiffify and held Ixarmless = , pmrq-ters-, employees, agents, eensu4tai4s and subeetitfaeter-s of eaeh and afty of them from and agains �� „d damages 4 t limited to all fees and charges- o �. lr�, '��6� �", "'u six rnermixrcccr —ccr�r onula and all tH4 of . bift.,f;^., of othe f oMz) arising claim or aefieff, legal of equitable, cr or o-e-ou rant a , ifidenvaified hereunder- to the extent eaused by of based upon Contfaetof's per-fofmanee of th-e B. Removal of Debi -is DuKng Ae�rwianee of the Wqf*� Duting the progress of the Wefk Eefttfa or ohall keep , rubNzh., aid other- debris. Removal and disposal of saelf waste te�arz, yubbidn, and ether debris shall eenfefm to applioallo C.0ean to Substantia4 Completion of the Wofk ContFaeor °hall alean the Site and the 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 shall remove from tho Frto all taol&, arr);.,anzes, eenstfuetion equipment and maehinefy, and mvpkio matcrialo and &hall r o orginl eondition all pr,-4peft-f�duugmted f afterat by the Contmet Doetinients. D. beadMg &-Het,,, es. r, ntr-ae4o ' 1lia11 -mot lead „ o.... it any raFt f any s,,.,,etwe to be 1, ade a in any or that will endanger- the st.uetuf , ray ahall (''o t,aeto - s bjeet any „aFt of the 3x7, 4 A. Gentmeter h ll nuintain in a f all Addenda, Ch , , Field Or-def-s, and vq4# ntofpr-et t ons and elar-iriis good order- and annotated to show ehanges made eenstmetio These ro or- ,1,.,.,,me is together- kith all aWawd Earxp!as and a eountefpar-t o all arIA ill �13 a:,flik-JAe43 f N moo. Upm zempletion of the - Work, these r-eee�eutnento, &amr)le Dmr 9wnef. A. Gontiaeteish•,l lcnr e solresponsiblezi-ian initiating, taini 7 �n R 11 v,�'�� � and mp e�, pr-eeatitions n.7 ogrur. in sonaeetionw"ra the Wofk.-Stied responsibility does of r-eliew their w o fer e3mr)imnwith aW, .i; taho all n„ , and shall pfovide the neeessary pfeteefien to prevent dama , ' , loss to.: persons on the e aff€eted by the Work; 2.all the Work a -ad materials afid equipment to be ineer-pefated thefein, whether- in storage on or e€fthe Site; and 3vther-preperty at the Site -or- adjaeent thereto, ineluding-treo&, &hrubj, B. motor ohall with all a�rrlre per -seas of pfopefty, or to the pfe4eefien of per -sons or pr-opefty 4em 5o, injur,°-,of4si^. shall o eet a 1 „fain all neeessary s g guar-ds f r suesueh s f � and p,-etee fi .,, Ce tfaete - sh ll pr-oseention of the Work mai-ftf€eet- h ,�d olmll e thmm in the pfeteetion, removal, r-eleeation, and feplaeement of their- pfepefty, C.Go t,-.,e4o - shall . ply with the ., ..he ablerv"ir-efnents of n.. ne -'s sa, tom, ,.,-., mz, i TN,. F/jp j J.. b rno ttlat W 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 D. tmaor'o oafety pfogmm 114, at the Site. E.All damage, ; ^r less to any pfepelty r-eferred o in Nmpuph 6.13.A.2 6.13.A.3 eau 01� diree4y or- ifidir-ee*'�-y, in whele in pa--1-1 by C—ntraEter-, any eenAr-aeaA &applied -or- any ether indi orrn aw e Work, of vhese aets any of them may be liable, shall be r-emedied by Centfaetef (exeept damage of to the fa-ult of Drawings or- Speeifieatiens or- to the aets of omissions ,f Owner -or- Engineer- oa*yone employed by any .f w-.-., or anyvrtcror vv=ro�s any of tb.v,,.. , bo Wble, and r.t-aVenW- table, dir-eetly ^ „dir-e t4y, ; „hole --T in pa..l e fault or n„ or, F&apxlrnr, ^ other- ;.,div dUsal or direetly of indir-eedy employed by any of diem), F.r^„A,.aet du4ies an ro r--x-.szK-lities for- sae a teetion of ork d1mll c upAil stieh ti o as all Vne—W-Ak- is o^,. pletoa and Engineer has issued ^ efiee to Owner- an GepAraeter- in aeeor-danee with, Pamgzmo t � n� a giat the �a o fk eptable (exEeptas �T.1TCT1CTl�Li ^GG A. GopAfaeter- shall be f!esponsible for- eeer-dinating any e-xehange of fnater-ial sa�� data sheets e othfr K.- zard-eot murriaaton infemia4ien fequifeduo l►ro rr\ & available er- among empleyefs at the Site in aeeer-danee with Laws or- Regulatiens. 4.46 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. r z1lxtll FiAmA ghop Di,-6ngz and Earsplas to Engineer- f review and approval aeeefda-aee with the aeeepted f F/aYmi 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 ti.Data shown the S or, Dral , dimensions, peeif ed pei=fefmaneeind design efi c6a, nxitcrklo, and-siAnilar da4a to show Engineer- the se es, t mb, and o ei# Cofft,..,eto - proposes t provide an to enable Engineer- te eview the atie ;-t1-.,z limmte3 purpaoesrequiredT a.F/Amit nun . ���dent�eaar Ea-��o to ,. ate ial, &a�i"' F— " "I data numbers,the use for- w-hi ✓hintend�ether--data co Exn Engi eef: t review *'-e-mbnmttal far- the lin+Aed r o required by Paragraph ti 1 � r, B. WhefoaF1.x-ypDry�,rfor&1oizr„ Engineer'sand air &-ekheTeAftient submittal will be a4 the sole expense and fesponsibility of Contfaeten Be f fe Submitting eaeh c>,ap Drwi ing o: 9ar. L-, C-ent.. c4--r dhall Invei ed and , efdinated o,,e St T, Dm;-: or &?;, with ethe f Shop Dm -vings-and Samples and with the r-equifements of the Work and the Gentraet Doeuments; b.deteriined and ver-i d all field measurements,, "aa fies, dimei zunz, vpeei4ed , and ✓,mlar inf^..,.,atio,, with r-espeet the fete , E-Ac�-mmin„ f all matorials offered with r-espeet to the indieated , eat'z--,n, zhiprA*,-, handling, stefage, assembly, and int'allaWri pet4aining-te the peffonnanee of the Wofk; and d detef., iae and verified all in o�xtionFelative to Contfaetof!'s responsibilities fo means methods,teeliniques, sequenees, and pfoeedidfes of eonstm4on, and 5 Imo ine;defA the fete 2.Eaeb sub ri,;,tal zhlll bear- a stampor- speeifie. Fitts eFt f;,.afio,, that GopArae -- T hro aa:4sfi-ed and aa �dhat zvaix—nittah IW4th eae mimaittal, GefAfaetor &hall give Engineer speeifie wFitten nefiee of any variations that the -hap Dmf der Ramp Deeumenta. Thin 91mll. e ..We eemmuniaafien separate om the chap 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 az,ar &any el , in , Vigor &anyz1 dap- 1.Engineef �Mfl provide timely review of Shop Dm v & and F/amples inueeer-danee with Sehedule of Submi#a4s aeeeptable to Engineen Engineer's r-eview and approval will be on! to dete .., ine if the items e o,-e b,,, tN. ?labsm-tta4s will, after- inst llat o do ; the Wofr;eonfoon-te the infofmation given in Contr-aet- Documents and be-eompatib!e with the design eeneept of the eempleted Pfejee4 as a onin means,2.Engineef's review and appr-eval w411 not extend to > > , or- pr-aeedufe of on io r Doeuments) or to safiaty try or Wgran-n inc' ems. 3.Engineer's review and-appfeNul &hall nat relieve Gentmeter rj.-porLlb-lit- for— any variation ftem the feqiiifements of the GefAfaet Dee into unless sueh , ,.iati ,,, by s ee f e , ,.;,+vim notation she fe f ;,,..,,,...,,,,-Me or-,.ao:mpar.;,;,,,. ep Drawing---T Ear*e:Engineer's feview and-eppf&Nu1 Hall r.at r-eliev e G, PAT-,,, to f f<.,.,.,., responsibility for- eemp4ying withte e ireri}err* agr-,p 1 r , 1 et3r z1hsa11 maho 0 od nun*---r-ef p Dryr-iags-�d ciak4nit, as require &amr)es for-o fe o an antiz-an in eefFeetions ea le for- by Engineer- o p e „oua—dub�mttlala. 64-8 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. cr-v traeter 'lid guamntees to Owner- —that ^71 Wo fk will be in ^eee ee with GopAfaet Doeuments and will not be defeefive. Engineer- and its the > > , partners, employees, agents, eenstiltants, and subeepAfaetefs ,hall 15,o e to Faly on repres:,ntatin . B.OontractrA'o a 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 o", nmint„ , Sara, F/ap li„ othar in dual C& p" stile; o 2.nctma1,�, a ard teat „r, zNo 1 wage, C. 'ork in a;, ee with the CefitfaeDeeements shall be absellite. None of the fellowing will eensfi"e an aeeeptanee of Wefk that is .t ; aeeerdanee with t,,o''cntioct Does:f epAs of a release e f GefA .ae ar'o o✓li the 3A'e k ; aeeefdanee ,.,;tl, the Ge t. aet D,,,.wne ts. 2.r-eeeffhqienda4ian by w crr py,ment by Owner fang p fincil prz,ffter#-, �tho iavaane thereto by n„ 4. use or- oee"aney of the Wofk or- any paFt thereof by Ov�ser-, Dtw,6ng-3Y Dan211e sub tt l of the ; e of a otiee of woG�,-at,Y1i iig lcu; test, or apo,4,.,, t>1 . 6,28 Indemnification A. To the fullest ex4eat pefmitted by Laws and Replations, , fn , purtn„ , losses, and damages (ineluding bt4 not limited to all fees and ehar-ges of engineers, ar-ehiteets, , 3m. 1g and all eetwt or ar-b;t,.afie.,or- the f dnzryato resolution ta) aricitng etA of of rc)eatin , eest, less, or- damag attriY/atakl„ oath, or to if�� to er- destmefien of tangible pr-epefty ( r tlur. the Wo fk itself), ineluding the less of use resulting the -e ffo ,., but only t the exta.t oauo of , f thocn, ta-peffoi arr,-of4he Work or any . B. I any and ,11 olairw a�-v or f their-offteer-s, direeter-s, fnember-r paftaersemployees, agents, eo 3, or sub,.,,nt, actor-s by ., o rloyee (or- the sufvivor- of in to � fcr n arr,- e f 4he AWe or- anyone for- whose aets any of an nor, be liable, the indeffmifieafien obligation D.,,-.,..,-.,p 6 Nn. S dho11 nat bo llmtei in an,, , 1..,any litn t do n the afneunt type -of damages, eotnpensafion, or- benefits payable by or- for- Gontr-aetof or- any sueh , 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 dual ar „ , disability benefit aets-, C. The rode , n f;,,atio,, obligations of Goat .,,, tor- under i arugm . 6-.201 a'hall nat ex4en a to �>,o liability f Engineer- and Engi eer-'s o ffi ero, dimotor-s, members, ersemployees, agents, l.th , pvzzpar Pion or apt,.,, of, r the f ikwe t prepareor- appfo maps, D ,,.;,'g OpInions, A. aimznto f k or unless -see GetAfaeter's fesponDOrzilifies for- .,.,,,.- *'on nwar., methods, serviees in violation of applieable law. B. if professional design s ffifieations by a design pr-ofeoao-.,,NaI ralated to Systems, nxttc6alo or „ , c6a that s e e � satisf�.-Eentfae or vhall ea -use -suer-seMees-or-eertifieatientebe ovide a by a proper-!d ncensedpro€essional, whose sign-etwe and seal Onall appoar on all drawings, eatie speeifieetiens, eertifieatiens, Shop Dywi ing5-end-ed-x vabc-ittals prepared by stiek „r����U Fhb Drw,- ' :raYmittal pr-efessional,--if pocrared by-ether3, shall Year sueh pfefes nal'o -r. an aMfaval wheSubmitted to Engineer, C. Owner- and Engine r vhall bo ant;-tledto fely Won the-adequaey, aeeufaey and eomplcceness of the > > provided Ovffie and Engineer- have speeified to Gentmeter- all pef-femi-anee and design e 11a tlx.-tt LClvzl'rsefv"ivees must satisfy. D. Durcwnt—te—hio Ilorugr-ap•1 6�Engineer's review and approvaof design ealeulations anc� design drawings will two only for -the limited p xrpooe of eheekingfor- ee nee w peffefmanee and critcr�a given and the design eeneept expressed in the GefAfaet. ' f 191�� Dry-r x vaYAnittals Eexeept d is Batugnnph 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 7 — OTHER WORK AT THE SITE 7.1 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.2 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. 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 7.3 Legal Relationships A. Paragraphs 7.0 LA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.1 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.2 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. 8.3 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.4 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. 8.5 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. 8.6 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.7 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 63 8.8 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.9 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.1 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. 9.2 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 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 and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.3 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. 9.4 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. Engiae✓r will have oh Enginaef belie ti ao to be defeetivo, or that €ngineefbelieveswill not praduoo a o or- that will Pr-ejtidiee the integrity of the design eoneept of the eempleted Pr-ejeet as a f4fietioning whole as indieated by the Gentfaet Deetffnents. Engineer- will also have au4her-ity to spoc�al inopeetien of testing of the Werk as Mvided in R1ra�k,,ph 113.04, whether- th—e 9.6 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. 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 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. 9.7 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.8 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. 9.9 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. 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 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 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 10.1 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. 10.2 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. 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 10.3 Execution of Change Orders 10.4 A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. A. if the provisions of at+y bond require notiee to be given to a stifety of a+i-y ehange affeefing the gener-a4 seepe of the Wodk or the provisions of the Gof +aet Doeumexts (ineluding, bu4 GofAfae4of's- applieable bound will be adjtisted to r-efleet the e et of any Vie: 10.5 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the parry making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The 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 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. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.1 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 63 Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of 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. 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 f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.0I I.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. 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 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, 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. 11.2 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.3 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. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. 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 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if- 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.1 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 parry making the Claim to the Engineer and the other parry to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 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 12.0I.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent; 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 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A. I and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.2 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the parry making the Claim to the Engineer and the other 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. 12.3 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 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 control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A. nmltant3 , independent testing laboratories, and goven*nenW ageneies vkth jur-isdiefiena4 interests wil have-aeeesrs to the Site the Work at reasonable times for -their- ebsepveeron, imWeetion, an testing. Contmeter- shall pf:evide them pf:eper- and safe eonditions for- stieh aeeess and adv4se theffl- ' ith uorarl-the A. EefAfaetor ohall give Engineo tin-.,& tie- dim�cz of the Work 43Y all roquifed . peetiens, tests, or- and zhall aeepemte w4h inspeetionand testing personnel f edit e r-eqttir-ed ; e Lionsor- test B. 9wn& ohall employ and pay for- the ser-viees of an independent testing laberatefy to peffefm all . eefon&,testz, or appravalzfpoquir„ 7 tha4 ewes inetiffedeeti ,,, with testsor- eeti ns eenduc4ed p' rcuant 3.04 z1xi11 bo paid in -t graph 13.04.0 ana 3.as other -wise d in tl-.z r,,,,,, aet De „t. 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 C. if Laws D egulaf orn of eny rlaW ro bo lie body, :te.-A shall ro or amunging tests, aro, p - A Bests in eemeetiontherewith, apA-furni5h Fmgineef4he D. EefAfa or ohall r-espeasible-for aPionging and olikaining-m3 ohall p'a,- ^" ee4s �^^* ^M ginoo"'s iteeeptanee of n%atc6alo or equipment to be i oc&p,--4utad in the xx'o ueeW-,a of -ff mtoriea1z, mix design o„# s„i.,.,4ftea fO. appray l pr4of t Q&atF eto.'a pu.^l,^se 1:16--eo f f ,-^pie ; the xx Rleh inspeetions,al�b'a11 be perfofmed by organizations ept ble to E. , cr arfw�e d r,,.Afaeter- , „t1 eu4 . fit4en eeneuffenee f Engineer-, Cent ffie or fall, if reElUested by Eflg fleer-, uneevoc vaoh `x o fk for- bsen,afi ,,, F.Uneeveiing Work x prravided in Paragmph. 13.93-.E ohall �-a—at-e;itraVeY0 expefise tin! Gentmeter has given Engineer- timely nefiee ef Gentmeter-'s intenfien te eever- the same an Engineer has not aeted with f-easenablcWmptness in response to sueh netiee. A. , Engineer-, be tmeover-ed for- Engineer's obsei=vation and replaeed at Contfaeter-'s expense, B. if Engineer- eensidefs it neeessafy of -advioaKi that ee3vered Work be observed by En-i ieeted or- tested by others, GefAfaetef, at Engineef's ot, 5hall un^ , athe ilabl f ebsef3vat on, irppetion, of testing as Engineer- may r-eqttir-e, th T a Work s a �limet fall pay all olainu, ^ sty-oss� C. � �nce�ere�-r�u eEt�� and damages (ineltiding biA not limited to all fees and ehar-ges of engineers, af-ehiteets, , and other pfefessionals and all eettA or aA/trat to) arizi gems e€ c& rdatin , :7-,portare�ation, inTootz:m, and testing, and of satisfaetefy work of others); and n.,,fw ?%hill b2 ef*•ded o an apprapfiate,4eeftmasezirtl3G'zvirtiisccnice. Wy previded in Aarugmph 1945, D. if the , er-e ax1[ iF :at �tebe defee ive Contfaetor shall ti ll.,., e o ^ in the GoPAT-aet P..' ension of the GofAfaet Times, or- both, dir-eedy att-FibtAable to sue unEwe I-g, exp stife, obse in, im-peetion, testing,replaeemen+ and rveonstfuaion. if the pat4ies-ero unaWzo to ageo ao to the amottal of ex4eat the -e&f Ccnt���` tier=efar ao-prr-,+vided in I-mgraph 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 50 of 63 1,2.5 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. A. , whether- e not fabr-ieated, installed, or- eempleted, or-, if the Work has been f-ejeeted by Engineef, remove fFom eet and r-eplaee it with W-eFk that is not defective Gent.ae Fill pay, all eests, losses, and damages (ineluding but not limited to all fees and ehar-ges of e Is, ar-ehitee4s, att-ofneys, and other- orals and all eetH4 of ar-bitfation of other- disptite z) arrrin limited to A eests of repair- or- r-eplaeement of work of others). B. ) men eefFeeting defective 3' aderthe tern this Ilomg ph 13.96 of Pa ph 13.97-, �r 0hull t 1:�,pa1r a -ad guafaa4ee, if my, on said Wefk. A. a az may, defeetive, or- if the fepair- of any damages to the land or- areas made available for- Con#aeter-'s us-e by O or pQrmittad by Laws and Replations as eentemplat d in Pam to �1,3 do€eetive, nor ohall pr cc and in azeerdanee wi Dr &lair ar- remove and replaee any damage to other- Work, to the we ethers or- other- land or- areas r-esulting thereftem. B. if GefAf eter �^t ono, or in an emel`geney where delay would cause--ser�ouo nsk af less or- damage, Ownef may have the defective WeFk , eete ^ o r-e or may, have the ry eete Wo fk ro e and epl.,ee olainu, c , ✓onalo and all eeiiA of afbitf4ion or- other- dispute 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 or Gw\,h removal limito will be paid by Gen4faetef, C. ln--spooial oir^,,,.,st.,nees o a partoular item f o o„t iF pJz--\)oa , ntif, ous serviee begme Substantial Completion of all the Werk9 the eeffeetion pefied for- that item may staft to fun -from an carbx "e if so pfevided in the Speeifieatiens, .!,re�r�rs sxsr�ii ....... ..... E.Eentfae or'z abligatiens en �x thiz Parugrarh 13. waff-an�. The thiz Rarugralh I W ohall nat be e„st fued x a � f the pfovisions f app;ioaable statute of lifnitatr of o A. , Ovffief (and, to Engineer's o„a ,t; ,,, .� firn�l pa;,,.ot#, Engineer-) prefers aeeept ;t, n,,,ro, ,Y, do so. CefA,.ae or ghall pr�Y all elaims, eests, losses, and damages (ineluding but not limited to a4 foot an or.lo and all ,,, tH4 Of ar-bitration of other- dispute r-esolution eosts) attributable to Ownef's evaluation of and reasonableness) and for- the dim.i�z)hed value of the 3A'ofk to the ex4ent not other -wise paid by cura prior to E rgir�ee>'s or a ,,; ,n e&fi m.I lrz, r. tina the fl---ssafy repsions in the Gontr-aet Doelnents wlthr-espeet to the Wofk, a ebo enti red to oni 2�o aseepted. the parties o amount , Ov,%ef may make a Claim thefefer- as provided in Parma on, an apprapfiate A. if Gontmeterfails v�4thinareasenable time -a to tten notiee- o". Br.\,-#ne r *&M with ram': 13.06.A, onrCont>=aeterfails to perfofm theWefk in aeeor-dai3ee with the r nl,aet r,,,,,,,,,. ent or ;f r,,,,,,aet r failo to ontroot DoeumMs, Owner- may, aftef seven ays "tten nefiee to Gentfaeter-, eeffeet, of remedy B. In exereising-the-fighcz and femedies undefthis 6-raph 13.09, Own : ahall proeeed expeditiously. In eenneetien ith zix1h eeffeetive of femeuial wtk-xi, �"�eter m all clr part aftheSite, take-powAvion of all er paft of the Work and sesp Gentraeter's ser:394ees- (elated —thereto, talc pa ,-afGentfaeter's teola, aprllan eenstmetien equipment and maehinery at the Site, and ineer-perate in the _c all rn tefials-and 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 equipmeftt stored at the Site er- fer- w-hieh Owner- has paid Geatfaeter- bu4 w-hieh are stefe elsewhere —Go 3h ll Par&asefAafives, agents and employees, Engineer's n.t ,,o, to o 0 0 the ..1,ts and r-emedies , „do, +J.Fnag C. A4-j!uirrno, sects, 13oox, and damages (iae1„ding but not limit od *o all fbas and ,.har-ges � , fehiteets, attomeys, and other- omlz arA all for aA%trutian or oth� disptAo moolut" tmder- this mph 1 ? . , Wofk; and Own er zh111 bee *�-to an appropriato deer -ease in the GofrtfaEt Pr4,.o if the r an unaUa s*rmant, rim therefel- as provided in N- ragm h 1 , eests, losses and damages will ifielude bi# not be limited to all sosts of t-p-tt, ereplaeement of work of others destrey,33 at, damaged b D. GefAfae4er- shall not be allowed a -a extension of the Geatfaet Times beea-use of any delay in the cork attrikataWlOvv%er-'s fights and r-emedies widef-thrz Nragr�: ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 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. 14.2 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an 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 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 Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief. a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or 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 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 b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.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 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 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. A. GepA,..,, ter- . „ts and g n4ees that title to a l orzl, rxita�rz, and equipment cover-ed by any Applieat;.,n for- y.,.,.. ent .,b ethef ; mted i o I%UfJ1�r " ,,Fill pM2; to Owner- no later than the time of pa��eat f:fee and elear- of all Liens. 14.4 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 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 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. 14.5 Partial LW/ ,.f e n A. , Ovmer- may use or- eeeupy any s4stafAWI eempleted part o , ,. -hieh Engineer-, oning and uzrawlo paft of the orlr that tLNut zit 9 s percam-of the remainder- ofthe A wic, zuLjaet to the 1.9 ap at awj Limo n; ct3r in v. ar itz ended tfse substafA4ally semplete.if and whenContraetar agoas that saehpat4 of WE)Fk iS substapAially eemplete, GefAfaetor-, Owner-, and Engineer- will follow t�e pr-eeedtffes 0 Rmagmo. 11.94.Aough D for- thin raft of the « ofk 2.Geatfa 3r at aw, time nuEngineer- to issue a eeftifieate of Substantial Completion for- that pa44 of the Wofk. 3.Withir a reasonable ff o an imra-�Qf that part of+h `V-ef�-Armino its states of eemplefien. if Enginee a ziit , tant' , nyffie.- and Gontmde,-& in of the Wo fk t be ub:tantially complete, the r f 1%rognaph I I-.0 ,KkI app;, h r-espeet to eet4ifieation of S4stantial Completion of that paft of the Work and the division 0 4.Ne tise of eeetipaney ar � rut 'orh ma-i-oo" priarte eemplianee with the ,.o, uir-o,. e is f lkimpupa c 10 regarding pr-opeAy i 14.6 Final AVeetion A. Upon�vvr-44en notiee f.,,,,., r^ptfaeter that or ar. agreoa ,.l4io,, thereof , eemplete, Engineer- will promptly make a final inspeetion with Owner- and CopAfae4or- and will. f all Part' oala that-t t�xr� phall imniediately4akc ci-,zh maasufes as are neeessa" 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 14.7 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; 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: 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 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. 14.8 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.9 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 15.1 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. 15.2 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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 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 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. 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 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. 15.3 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.4 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. 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 ARTICLE 16 - DISPUTE RESOLUTION 16.1 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS A. any r.'VJl?11Jn ofthe�virauccvvcmneirsr@gEgimcsthe "tt€nzivcrEe, it will be deemed to have been validb, given4f-- 2.delivefedtor- sent by registered or-eei4;f;od :mail, pastage prepaid, to tho Ixt L�nnass address known to the giver- of the nefiee-. A. , it will be eempitted to exelude the first and inelude the last day of stteh period. if the last day ef any sueh period falls on ov on a day made a legal holiday by the law ef the applia, stteh day will be emitted ftem the oomputatiarr. 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 A. The duties and blig.,+;Z'1l irmpased by these General Conditions and the rights an r-emedies available her-eiinder- to the paffies o am in additim to, an m a limita ion of, any fights and feniedies available to or all of them ,.,hie A dlie .,' o m seor- a-vaiiable by Laws or- Regula4ions,speeial . rty o guamsteo, or by-othef pr ^7f the Gontmet Doetiments. The Illttlg a ve- Czf�zc5 ii obligation, right, and remedy to w-hieh they apply, A. tr.,), indeffmifiea iens, waff-lntioa, and , r is ;o i cvtrti�Et�Aeen , will ll� pa j�ien�E9rixpict�6", ^cceper'�nCz-^vr ' Work -^vr 474 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 63 of 63 SUPPLEMENTARY CONDITIONS Supplementary Conditions SUPPLEMENTARY CONDITIONS Page 1 of 10 These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. SC1.01 DEFINED TERMS The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2007 Edition) have the meanings assigned to them in the General Conditions and the Standard City Conditions of the Construction Contract for Developer Awarded Project Amend the following definitions of 1.01 to read as follows: Contract — Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Documents - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Contract Times — is defined as a calendar day including weekends and holidays. Engineer - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. General Requirements - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Milestone - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Owner — as known as the developer in the Standard City Condition of the Construction Contract for Developer Awarded Project. Site - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Specifications - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 2 of 10 Work - Refer to Standard City Condition of the Construction Contract for Developer Awarded Project. SC1.02 TERMINOLOGY Delete Paragraph 1.02.1) in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.13. Delete Paragraph 1.02.E in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 1.02.C. SC2.02 COPIES OF DOCUMENTS Amend the first sentence of Paragraph 2.02 to read as follows: "Owner shall furnish to Contractor up to three printed or hard copies of the Drawings and Project Manual." SC2.03 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED Delete Paragraph 2.03.A. of the General Conditions in its entirety and insert the following in its place: "Commencement of Contract Time shall begin on the date indicated during the pre - construction meeting with the City. The date indicated during the pre -construction meeting will be determined by the Owner, City and Contractor and as indicated in the Notice to Proceed." SC2.05 BEFORE STARTING CONSTRUCTION Delete Paragraph 2.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.01. SC2.06 PRECONSTRUCTION CONFERENCE; DESIGNATION OF AUTHORIZED REPRESENTATIVE Delete Paragraph 2.06 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 2.02. SC3.01 INTENT Add the following language after the second sentence of Paragraph 3.0l.B of the General Conditions: "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 Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 3 of 10 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. Reports dated August 2024, prepared by UES entitled: "Geotechnical Exploration, Northwest ISD — High School 4". 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: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 4 of 10 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. 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. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 5 of 10 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. 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. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 6 of 10 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, 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 Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 7 of 10 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. HOWEVER, LIABILITY OF THE CONTRACTOR, AS PROVIDED IN THIS SECTION SHALL NOT BE LIMITED BY THE INSURANCE COVERAGE REQUIRED OF CONTRACTOR IN THIS PROVISION. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 8 of 10 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. 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. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 9 of 10 SC 13.06 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. SC 13.09 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 14.05 in its entirety and refer to Standard City Condition of the Construction Contract for Developer Awarded Project Paragraph 12.03. 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. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 SUPPLEMENTARY CONDITIONS Page 10 of 10 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 14.05. Water & Paving Improvements to Serve NISD HS #4 CPN 105961 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Article 1 — Definitions and Terminology.......... 1.01 Defined Terms ............................... 1.02 Terminology .................................. Article 2 — Preliminary Matters ....................... 2.01 Before Starting Construction...... 2.02 Preconstruction Conference........ 2.03 Public Meeting ............................ Page .............................................1 .............................................1 ............................................. 5 ....................................................... 6 ....................................................... 6 ....................................................... 6 ....................................................... 6 Article 3 — Contract Documents and Amending............................................................................................... 6 3.01 Reference Standards..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents.................................................................. 6 Article 4 — Bonds and Insurance....................................................................................................................... 7 4.01 Licensed Sureties and Insurers..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance............................................................................................................... 7 4.04 Contractor's Insurance.................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5 — Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services, Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and "Or-Equals".......................................................................................................14 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative.................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ............................................ 5.19 Delegation of Professional Design Services 5.20 Right to Audit: ............................................. 5.21 Nondiscrimination ........................................ Article 6 - Other Work at the Site....... 6.01 Related Work at Site ....... Article 7 - City's Responsibilities ............................................ 7.01 Inspections, Tests, and Approvals ....................... 7.02 Limitations on City's Responsibilities ................ 7.03 Compliance with Safety Program ........................ Article 8 - City's Observation Status During Construction....... 8.01 City's Project Representative ................................. 8.02 Authorized Variations in Work .............................. 8.03 Rejecting Defective Work ...................................... 8.04 Determinations for Work Performed ...................... Article 9 - Changes in the Work ...................... 9.01 Authorized Changes in the Work 9.02 Notification to Surety ................... Article 10 - Change of Contract Price; Change of Contract Time 10.01 Change of Contract Price ........................................... 10.02 Change of Contract Time ........................................... 10.03 Delays......................................................................... Article 11 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............ 11.01 Notice of Defects.............................................................................................................. 11.02 Access to Work................................................................................................................. 11.03 Tests and Inspections........................................................................................................ 11.04 Uncovering Work............................................................................................................. 11.05 City May Stop the Work................................................................................................... 11.06 Correction or Removal of Defective Work...................................................................... 11.07 Correction Period.............................................................................................................. 11.08 City May Correct Defective Work................................................................................... Article 12 - Completion ........................................... 12.01 Contractor's Warranty of Title ............ 12.02 Partial Utilization ................................. 12.03 Final Inspection .................................... 12.04 Final Acceptance .................................. Article 13 - Suspension of Work ..................................... 13.01 City May Suspend Work ............................. Article 14 - Miscellaneous ......................................... 14.01 Giving Notice ......................................... CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 24 24 25 25 26 26 26 26 26 27 a a ... 29 ... 29 ... 29 ... 29 ... 30 ... 30 ... 30 ... 30 ... 31 ................................. 32 ................................. 32 ................................. 32 ................................. 32 ................................. 33 ............................................................. 33 ............................................................. 33 34 34 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw — City's on-line, electronic document management and collaboration system. 5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions in. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements —A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non -Participating Change Order —A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions — That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a. in. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non -Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: b. Each Occurrence: : Enter limits provided by Railroad Company (If none, write none) Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ❑ Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. Developer/Contractor. City will forward all invoices for retests to 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12 — COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 — SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given i£ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 SECTION 01 11 00 Y81ulu/_IWall 00fe] 7� PART1- GENERAL "HoLl d lu V.11 A. Section Includes: 011100-1 DAP SUMMARY OF WORK Pagel of 3 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105961 Revised December 20, 2012 01 11 00 - 2 DAP 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105961 Revised December 20, 2012 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 105961 Revised December 20, 2012 012500-1 DAP SUBSTITUTION PROCEDURES SECTION 0125 00 SUBSTITUTION PROCEDURES PART1- GENERAL "HEL1110 10 V.11 A. Section Includes: Page 1 of 4 1. 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 012500-2 DAP 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, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. 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 Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer'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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 012500-4 DAP SUBSTITUTION PROCEDURES EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: Page 4 of 4 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 Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013119-1 DAP PRECONSTRUCTION MEETING SECTION 013119 PRECONSTRUCTION MEETING PART1- GENERAL "HoLl d 10 V.11 A. Section Includes: 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. No construction schedule required unless requested by the City. 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 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 delivery of the distribution package to the City. 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. Developer and Consultant 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013119-2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment j j . Questions or Comments CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013233-1 DAP 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. Though not mandatory, it is highly recommended on infill developer projects. 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 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] CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL ""ELl d lU /\ A. Section Includes: 013300-1 DAP SUBMITTALS Page 1 of 8 General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-2 DAP 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: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and 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 '/z inches x 11 inches to 8 'h 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-4 DAP 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 1. 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-5 DAP 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-6 DAP 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 Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-7 DAP 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) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013300-8 DAP 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 1 SECTION 01 3513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 £ Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDOT): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 1 2. Coordinate any event that will require connecting to or the operation of an existing 2 City water line system with the City's representative. 3 a. Coordination shall be in accordance with Section 33 12 25. 4 b. If needed, obtain a hydrant water meter from the Water Department for use 5 during the life of named project. 6 c. In the event that a water valve on an existing live system be turned off and on 7 to accommodate the construction of the project is required, coordinate this 8 activity through the appropriate City representative. 9 1) Do not operate water line valves of existing water system. 10 a) Failure to comply will render the Contractor in violation of Texas Penal 11 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 12 will be prosecuted to the full extent of the law. 13 b) In addition, the Contractor will assume all liabilities and 14 responsibilities as a result of these actions. 15 F. Public Notification Prior to Beginning Construction 16 1. Prior to beginning construction on any block in the project, on a block by block 17 basis, prepare and deliver a notice or flyer of the pending construction to the front 18 door of each residence or business that will be impacted by construction. The notice 19 shall be prepared as follows: 20 a. Post notice or flyer 7 days prior to beginning any construction activity on each 21 block in the project area. 22 1) Prepare flyer on the Contractor's letterhead and include the following 23 information: 24 a) Name of Project 25 b) City Project No (CPN) 26 c) Scope of Project (i.e. type of construction activity) 27 d) Actual construction duration within the block 28 e) Name of the contractor's foreman and phone number 29 f) Name of the City's inspector and phone number 30 g) City's after-hours phone number 31 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 32 A. 33 3) Submit schedule showing the construction start and finish time for each 34 block of the project to the inspector. 35 4) Deliver flyer to the City Inspector for review prior to distribution. 36 b. No construction will be allowed to begin on any block until the flyer is 37 delivered to all residents of the block. 38 G. Public Notification of Temporary Water Service Interruption during Construction 39 1. In the event it becomes necessary to temporarily shut down water service to 40 residents or businesses during construction, prepare and deliver a notice or flyer of 41 the pending interruption to the front door of each affected resident. 42 2. Prepared notice as follows: 43 a. The notification or flyer shall be posted 24 hours prior to the temporary 44 interruption. 45 b. Prepare flyer on the contractor's letterhead and include the following 46 information: 47 1) Name of the project 48 2) City Project Number 49 3) Date of the interruption of service CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 0135 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 1 4) Period the interruption will take place 2 5) Name of the contractor's foreman and phone number 3 6) Name of the City's inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 1. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad's 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 38 Construction Specification [if required for the project] 39 1. Comply with equipment, operational, reporting and enforcement requirements set 40 forth in NCTCOG's Clean Construction Specification.} CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.3.13— Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 2 3 4 Date: EXHIBIT B FORT WORTH DOE NO. xxxx Project Name: 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) C630 MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised August 30, 2013 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 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 I — 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. 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 form of distribution approved by the City. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 01 45 23 DAP 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED[ 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL Hum&i d lU /\ A. Section Includes: Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 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. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 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 A. Temporary Facilities CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 1040 IZII Oy 1Xi 11110 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 015526-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL f "ELY11u 105 V.11 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 01 55 26 - 2 DAP 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 1. 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 015713-1 DAP STORM WATER POLLUTION PREVENTION Pagel of 3 SECTION 01 5713 STORM WATER POLLUTION PREVENTION PART1- GENERAL f UEL91U lU M 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 0157 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres 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 01 33 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 0157 13 - 3 DAP 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 I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised JULY 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 DAP 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 list of City approved products for use is available through the City's website at: https://apes.fortworthtexas.2ov/ProiectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. 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. B. 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. C. 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. D. 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 01 60 00 DAP 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 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magana Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised March 20, 2020 01 66 00 - 1 DAP 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 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 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 016600-2 DAP 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 016600-3 DAP 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 016600-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL ""ELl d lU /\ A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017000-2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. 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. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section I.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017000-4 DAP MOBILIZATION AND REMOBILIZATION 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE 4/7/2014 NAME M. Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP application Page 4 of 4 CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 1.2 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 017123-1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. See Changes (Highlighted in Yellow). C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking 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. 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. 3. As -Built 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. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1.3 REFERENCES A. Definitions 1. Construction Survev - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakins — 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. Survev "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 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. The Contractor's selection of a surveyor must comply with Texas Government 27 Code 2254 (qualifications based selection) for this project. 28 1.5 SUBMITTALS 29 A. Submittals, if required, shall be in accordance with Section 0133 00. 30 B. All submittals shall be received and reviewed by the City prior to delivery of work. 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 32 A. Field Quality Control Submittals 33 1. Documentation verifying accuracy of field engineering work, including coordinate 34 conversions if plans do not indicate grid or ground coordinates. 35 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 36 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 37 38 1.7 CLOSEOUT SUBMITTALS 39 B. As -built Redline Drawing Submittal CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 2 constructed improvements signed and sealed by Registered Professional Land 3 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 4 — Survey Staking Standards) . 5 2. Contractor shall submit the proposed as -built and completed redline drawing 6 submittal one (1) week prior to scheduling the project final inspection for City 7 review and comment. Revisions, if necessary, shall be made to the as -built redline 8 drawings and resubmitted to the City prior to scheduling the construction final 9 inspection. 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE 12 A. Construction Staking 13 1. Construction staking will be performed by the Contractor. 14 2. Coordination 15 a. Contact City and Developer's Project Representative at least one week in 16 advance notifying the City of when Construction Staking is scheduled. 17 b. It is the Contractor's responsibility to coordinate staking such that 18 construction activities are not delayed or negatively impacted. 19 3. General 20 a. Contractor is responsible for preserving and maintaining stakes. If City 21 surveyors or Developer's Project Representative are required to re -stake for 22 any reason, the Contractor will be responsible for costs to perform staking. If 23 in the opinion of the City, a sufficient number of stakes or markings have been 24 lost, destroyed disturbed or omitted that the contracted Work cannot take place 25 then the Contractor will be required to stake or re -stake the deficient areas. 26 B. Construction Survey 27 1. Construction Survey will be performed by the Contractor. 28 2. Coordination 29 a. Contractor to verify that horizontal and vertical control data established in the 30 design survey and required for construction survey is available and in place. 31 3. General 32 a. Construction survey will be performed in order to construct the work shown 33 on the Construction Drawings and specified in the Contract Documents. 34 b. For construction methods other than open cut, the Contractor shall perform 35 construction survey and verify control data including, but not limited to, the 36 following: 37 1) Verification that established benchmarks and control are accurate. 38 2) Use of Benchmarks to furnish and maintain all reference lines and grades 39 for tunneling. 40 3) Use of line and grades to establish the location of the pipe. 41 4) Submit to the City copies of field notes used to establish all lines and 42 grades, if requested, and allow the City to check guidance system setup prior 43 to beginning each tunneling drive. 44 5) Provide access for the City, if requested, to verify the guidance system and 45 the line and grade of the carrier pipe. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 6) The Contractor remains fully responsible for the accuracy of the work and 2 correction of it, as required. 3 7) Monitor line and grade continuously during construction. 4 8) Record deviation with respect to design line and grade once at each pipe 5 joint and submit daily records to the City. 6 9) If the installation does not meet the specified tolerances (as outlined in 7 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 8 the installation in accordance with the Contract Documents. 9 C. As -Built Survey 10 1. Required As -Built Survey will be performed by the Contractor. 11 2. Coordination 12 a. Contractor is to coordinate with City to confirm which features require as- 13 built surveying. 14 b. It is the Contractor's responsibility to coordinate the as -built survey and 15 required measurements for items that are to be buried such that construction 16 activities are not delayed or negatively impacted. 17 c. For sewer mains and water mains 12" and under in diameter, it is acceptable 18 to physically measure depth and mark the location during the progress of 19 construction and take as -built survey after the facility has been buried. The 20 Contractor is responsible for the quality control needed to ensure accuracy. 21 3. General 22 a. The Contractor shall provide as -built survey including the elevation and 23 location (and provide written documentation to the City) of construction 24 features during the progress of the construction including the following: 25 1) Water Lines 26 a) Top of pipe elevations and coordinates for waterlines at the following 27 locations: 28 (1) Minimum every 250 linear feet, including 29 (2) Horizontal and vertical points of inflection, curvature, 30 etc. 31 (3) Fire line tee 32 (4) Plugs, stub -outs, dead-end lines 33 (5) Casing pipe (each end) and all buried fittings 34 2) Sanitary Sewer 35 a) Top of pipe elevations and coordinates for force mains and siphon 36 sanitary sewer lines (non -gravity facilities) at the following locations: 37 (1) Minimum every 250 linear feet and any buried fittings 38 (2) Horizontal and vertical points of inflection, curvature, 39 etc. 40 3) Stormwater — Not Applicable 41 b. The Contractor shall provide as -built survey including the elevation and 42 location (and provide written documentation to the City) of construction 43 features after the construction is completed including the following: 44 1) Manholes 45 a) Rim and flowline elevations and coordinates for each manhole 46 2) Water Lines 47 a) Cathodic protection test stations 48 b) Sampling stations 49 c) Meter boxes/vaults (All sizes) CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 I d) Fire hydrants 2 e) Valves (gate, butterfly, etc.) 3 f) Air Release valves (Manhole rim and vent pipe) 4 g) Blow off valves (Manhole rim and valve lid) 5 h) Pressure plane valves 6 i) Underground Vaults 7 (1) Rim and flowline elevations and coordinates for each 8 Underground Vault. 9 3) Sanitary Sewer 10 a) Cleanouts 11 (1) Rim and flowline elevations and coordinates for each 12 b) Manholes and Junction Structures 13 (1) Rim and flowline elevations and coordinates for each 14 manhole and junction structure. 15 4) Stormwater — Not Applicable 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY 19 PART 2 - PRODUCTS 20 A. A construction survey will produce, but will not be limited to: 21 1. Recovery of relevant control points, points of curvature and points of intersection. 22 2. Establish temporary horizontal and vertical control elevations (benchmarks) 23 sufficiently permanent and located in a manner to be used throughout construction. 24 3. The location of planned facilities, easements and improvements. 25 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 26 areas, utilities, streets, highways, tunnels, and other construction. 27 b. A record of revisions or corrections noted in an orderly manner for reference. 28 c. A drawing, when required by the client, indicating the horizontal and vertical 29 location of facilities, easements and improvements, as built. 30 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 31 construction staking projects. These cut sheets shall be on the standard city template 32 which can be obtained from the Survey Superintendent (817-392-7925). 33 5. Digital survey files in the following formats shall be acceptable: 34 a. AutoCAD (.dwg) 35 b. ESRI Shapefile (.shp) 36 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 37 standard templates, if available) 38 6. Survey files shall include vertical and horizontal data tied to original project 39 control and benchmarks, and shall include feature descriptions 40 PART 3 - EXECUTION 41 3.1 INSTALLERS CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 I A. Tolerances: 2 1. The staked location of any improvement or facility should be as accurate as 3 practical and necessary. The degree of precision required is dependent on many 4 factors all of which must remain judgmental. The tolerances listed hereafter are 5 based on generalities and, under certain circumstances, shall yield to specific 6 requirements. The surveyor shall assess any situation by review of the overall plans 7 and through consultation with responsible parties as to the need for specific 8 tolerances. 9 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 10 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 11 1.0 ft. tolerance. 12 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 13 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 14 walkways shall be located within the confines of the site boundaries and, 15 occasionally, along a boundary or any other restrictive line. Away from any 16 restrictive line, these facilities should be staked with an accuracy producing no 17 more than 0.05ft. tolerance from their specified locations. 18 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 19 electric lines, shall be located horizontally within their prescribed areas or 20 easements. Within assigned areas, these utilities should be staked with an 21 accuracy producing no more than 0.1 ft tolerance from a specified location. 22 e. The accuracy required for the vertical location of utilities varies widely. Many 23 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 24 should be maintained. Underground and overhead utilities on planned profile, 25 but not depending on gravity flow for performance, should not exceed 0.1 ft. 26 tolerance. 27 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 28 specifications or in compliance to standards. The City reserves the right to request a 29 calibration report at any time and recommends regular maintenance schedule be 30 performed by a certified technician every 6 months. 31 1. Field measurements of angles and distances shall be done in such fashion as to 32 satisfy the closures and tolerances expressed in Part 3.1.A. 33 2. Vertical locations shall be established from a pre -established benchmark and 34 checked by closing to a different bench mark on the same datum. 35 3. Construction survey field work shall correspond to the client's plans. Irregularities 36 or conflicts found shall be reported promptly to the City. 37 4. Revisions, corrections and other pertinent data shall be logged for future reference. 38 39 3.2 EXAMINATION [NOT USED] 40 3.3 PREPARATION [NOT USED] 41 3.4 APPLICATION 42 3.5 REPAIR / RESTORATION 43 A. If the Contractor's work damages or destroys one or more of the control 44 monuments/points set by the City or Developer's Project Representative, the monuments 45 shall be adequately referenced for expedient restoration. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 1. Notify City or Developer's Project Representative if any control data needs to be 2 restored or replaced due to damage caused during construction operations. 3 a. Contractor shall perform replacements and/or restorations. 4 b. The City or Developer's Project Representative may require at anytime a 5 survey "Field Check" of any monument or benchmarks that are set be verified 6 by the City surveyors or Developer's Project Representative before further 7 associated work can move forward. 8 3.6 RE -INSTALLATION [NOT USED] 9 3.7 FIELD [OR] SITE QUALITY CONTROL 10 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 11 City or Developer's Project Representative in accordance with this Specification. This 12 includes easements and right of way, if noted on the plans. 13 B. Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP 15 A. Survey Checks 16 1. The City reserves the right to perform a Survey Check at any time deemed 17 necessary. 18 2. Checks by City personnel or 3' party contracted surveyor are not intended to 19 relieve the contractor of his/her responsibility for accuracy. 20 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log 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 2/14/2018 M Owen Staking and As -Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised February 14, 2018 SECTION 0174 23 CLEANING PART1- GENERAL "UNRi lu lu /\ A. Section Includes: 017423-1 DAP CLEANING Page 1 of 4 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 01 74 23 - 3 DAP 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 fmish 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. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 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] CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 01 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017719-1 DAP CLOSEOUT REQUIREMENTS Pagel of 3 SECTION 01 7719 CLOSEOUT REQUIREMENTS PART1- GENERAL ""EL1110 10 /\ 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017719-2 DAP 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 £ 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 SECTION 0178 39 PART1- GENERAL 1.1 SUMMARY A. Section Includes: 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 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 SUBMITTALS/INFORMATIONAL 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017839-2 DAP 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] PART 2- 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 Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017839-3 DAP 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 clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 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. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 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] DATE 4/7/2014 0 ►00 M.Domenech END OF SECTION Revision Log SUMMARY OF CHANGE Revised for DAP Application CITY OF FORT WORTH Water & Paving Improvements to serve NISD High School #4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 105961 Revised April 7, 2014 APPENDIX GC-4.02 Subsurface and Physical Conditions Note: Applicable sections of the site Geo-Technical Report have been provided that relate to the proposed scope of work per these Contract Documents. GEOTECHNICAL EXPLORATION NORTHWEST ISD — HIGH SCHOOL 4 Off North Riverside Drive and Timberland Boulevard Fort Worth, Texas LIES Report No. W233474-revl August 5, 2024 Prepared for: NORTHWEST INDEPENDENT SCHOOL DISTRICT P.0 Box 77070 Fort Worth, Texas 76177 Attention: Ms. Leslie Johnson Prepared By: If drained parameters are used for wall design, the free draining granular backfill should extend outward at least 2 ft from the base of the wall and then extend upward on a 1 (horizontal) to 2 (vertical) slope. The free draining granular backfill should be separated from the adjacent native soils using a filter fabric (Mirafi 140N, or equivalent) to prevent intrusion of native soils into the free draining granular backfill. Complete drainage of the free draining granular backfill could be provided to prevent the development of hydrostatic pressures behind the wall. A typical drainage system could consist of perforated plastic PVC pipes placed in filter trenches excavated parallel to the base of the walls for their entire length. The drain pipes should be positioned at a depth lower than the bottom elevation of the wall and should also be wrapped with filter fabric (Mirafi 140N, or equivalent). A drainage system is beneficial regardless of the type of backfill used behind the wall. As a minimum, weep holes should be provided for freestanding walls. However, weep holes alone will not prevent occasional build-up of hydrostatic pressures behind the walls. Lightweight, hand -controlled vibrating plate compactors are recommended for compaction of backfill adjacent to walls to reduce the possibility of increases in lateral pressures due to over - compaction. Heavy compaction equipment should not be operated near the walls. Also, compaction of backfill soils behind walls should not exceed 100 percent standard Proctor maximum dry density (ASTM D 698) to further limit lateral earth pressures against walls. The lateral earth pressures in Table I do not include the effects of surcharge loading on the wall due to sloping backfill or from other loads near the walls. Surcharge loads should be multiplied by the appropriate lateral earth pressure coefficient from Table I and applied as a uniform lateral load over the full height of the wall. 6.14 Area Pavement To permit correlation between information from test borings and actual subgrade conditions exposed during construction, a qualified Geotechnical Engineer should be retained to provide subgrade monitoring and testing during construction. If there is any change in project criteria, the recommendations contained in this report should be reviewed by our office. Calculations used to determine the required pavement thickness are based only on the physical and engineering properties of the materials used and conventional thickness determination procedures. Pavement joining buildings should be constructed with a curb and the joint between the building and curb should be sealed. Related civil design factors such as subgrade drainage, shoulder support, cross -sectional configurations, surface elevations, reinforcing steel, joint design and environmental factors will significantly affect the service life and must be included in preparation of the construction drawings and specifications, but all were not included in the scope of this study. Normal periodic maintenance will be required for all pavement to achieve the design life of the pavement system. 24 The recommended pavement sections are considered the minimum necessary to provide satisfactory performance based on the expected traffic loading. In some cases, City minimum standards for pavement section construction may exceed those recommended. 6.14.1 Pavement Subgrade Preparation Based on the soil profile encountered in the borings, we would expect the pavement subgrade could consist of clay. In general, clay soils with a plasticity index of 15 or greater should be lime stabilized. Where clay soils comprise the pavement subgrade, the exposed surface of the pavement subgrade soil should be scarified to a depth of 6 inches and mixed with a minimum 7 percent hydrated lime (by dry soil weight) in conformance with TxDOT Standard Specification Item 260. Assuming an in -place unit weight of 100 pcf for the pavement subgrade soils, this percentage of lime equates to about 32 Ibs of lime per sq yard of treated subgrade. The actual amount of lime required should be confirmed by additional laboratory tests (ASTM C 977 Appendix XI) prior to construction. The soil -lime mixture should be compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 0 to 4 percentage points above the mixture's optimum moisture content. In all areas where hydrated lime is used to stabilize subgrade soil, routine Atterberg-limit tests should be performed to verify the resulting plasticity index of the soil -lime mixture is at/or below 15. We recommend subgrade improvement procedures extend at least 1 ft beyond the edge of the pavement to reduce effects of seasonal shrinking and swelling upon the extreme edges of pavement. Improvement of the pavement subgrade soil will not prevent normal seasonal movement of the underlying untreated materials. Pavement and other flatwork will have the same potential for movement as slabs constructed directly on the existing undisturbed soils. Good perimeter surface drainage with a minimum slope of 2 percent away from the pavement is recommended. Normal maintenance of pavement should be expected over the life of the structures. Subgrade improvement is not required where the final pavement subgrade consists of limestone. Flexible base material, limestone cuttings or cuttings from adjacent lime stabilized soils can be used as a leveling course in these areas. 6.14.2 Portland Cement Concrete (PCC) Pavement Following subgrade improvement as recommended in Section 6.14.1, PCC (reinforced) pavement sections are recommended in Table J. 25 TABLE J Recommended PCC Pavement Sections Paving Areas and/or Type Subgrade Thickness, PCC Thickness, Inches Inches Parking Areas Subjected Exclusively to Passenger Vehicle Traffic, Lime Modified, 6 5 Drive Lanes, Fire Lanes, Bus Lanes, Areas Subject to Light Volume Truck Traffic Lime Modified, 6 6 Dumpster Traffic Areas, Areas subject to Moderate Volume Truck Traffic, Lime Modified, 6 7 PCC should have a minimum compressive strength of 3,000 psi at 28 days in parking areas subjected exclusively to passenger vehicle traffic. We recommend a minimum compressive strength of 3,500 psi at 28 days for the drive lanes, fire lanes, and truck areas. Concrete should be designed with 4.5±1.5 percent entrained air. Joints in concrete paving should not exceed 15 ft. Reinforcing steel should consist of No. 3 bars placed at 18 inches on -center in two directions. 6.15 Corrosion Test Results and Summary Six (6) samples obtained from the building borings were tested for soluble sulfate concentrations. Results of the laboratory testing (TxDOT Test Method TEX-145-E Part II) are summarized in Table K. Sample Boring Depth, No. No. ft TABLE K Soluble Sulfates (ASTM C1580) Material Type 1 13 13-15 Light Brown and Gray SHALY CLAY Tan CLAY with calcareous deposits and 2 20 2-4 limestone fragments 3 66 2-4 Brown CLAY Dark Brown CLAY with limestone 4 71 2-4 fragments 5 72 0-2 Dark Brown CLAY Soluble Sulfate, mg/Kg (ppm) N/A -below test parameters N/A -below test parameters 0.02 0.04 0.42 6 74 0-2 Dark Brown CLAY 0.02 Additional corrosion testing including laboratory electrical resistivity testing and pH testing was conducted on selected samples. Results from these tests are included. 26 GEOTECHNICAL EXPLORATION NORTHWEST ISD - HIGH SCHOOL 4 OFF NORTH RIVERSIDE DRIVE AND TIMBERLAND BOULEVARD FORT WORTH, TEXAS UES PROJECT NO. W233474-REV2 FIGURE 1A BORING LOCATION PLAN APPROXIMATE BORING LOCATION SUBGRADE IMPROVEMENT ZONES FOR GRADE SUPPORTED FLOOD SLABS (1 INCH) !!! ZONE I � ZONE III 11 ZONE II QEVALUATION AREAS T 5058 Brush Creek Rd. BORING NO.: 71 UES,- Fort Worth, Texas �10 Phone: 817-496-5600 00 Sheet 1 of 1 Pax: 817-496-5608 PROJECT NO.: W233474 www.alphatesting.com Formerly Alpha Testing Client: Project: Start Date: Drilling Method: Northwest ISD Location: Fort Worth, Texas Northwest ISD - Hiqh School 4 Surface Elevation: 12/11/2023 End Date: 12/11/2023 West: CONTINUOUS FLIGHT AUGER North: 0) GROUND WATER OBSERVATIONS VOn Rods (ft): 8.5 ZAfter Drilling (ft): 8.5 o 7After Hours (ft): MATERIAL DESCRIPTION = J/, Dark Brown CLAY with limestone fragments — 5 —� Tan LIMESTONE with clay seams and — layers —10 Tan and Gray SHALY CLAY — — TEST BORING TERMINATED AT 10 FT —15- -20- -25- -30- -35- -40- -45- -50- -55- -60- -65- -70- -75- -80- -85— Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x � 8-1-) o m � Oo aa E U o z0- 9C N aN 0 s ,V � o J oxa (3n Ho d Z 2.5 26 66 22 44 4.0 2.5 23 1 100/ 6 6.0 1 10.0 3.75 26 5058 Brush Creek Rd. BORING NO.: 72 �10 TM Fort Worth, Texas 76119 Sheet 1 of 1 Phone: 817-496-5600 Pax: 817-496-5608 PROJECT NO.: W233474 www.alphatesting.com Formerly Alpha Testing Client: Northwest ISD Location: Fort Worth, Texas Project: Northwest ISD - Hiqh School 4 Surface Elevation: Start Date: 12/11/2023 End Date: 12/11/2023 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6 E t m NONE T i m U� �'.� E E c a �7On Rods (ft): p 3 Y a> s � w c n a VAfter Drilling (ft): DRY a oW �� 00 a� u) a� mo �a U -o m After Hours (ft): " ° - a aN o" L � 3 Q Ur X O o O J Il T (!) a- d- MATERIAL Z DESCRIPTION Dark Brown CLAY 4.5+ 18 51 20 31 _ 5 4.0 Brown and Gray SHALY CLAY 100/ e — 2.50" 8.0 —10 , Reddish Brown SHALY CLAY 10.0 3.0 25 —15- -20- -25- -30- -35- -40- -45- -50- -55- -60- -65- -70- -75- -80- -85— 5058 Brush Creek Rd. BORING NO.: 74 Fort Worth, Texas 76119 Phone: 817-496-5600Wo Sheet 1 of 1 SMUE Fax: 817-496-5608 PROJECT NO.: W233474 www.alphatesting.com Formerly Alpha Testing Client: Project: Start Date: Drilling Method: Northwest ISD Location: Fort Worth, Texas Northwest ISD - Hiqh School 4 Surface Elevation: 12/11/2023 End Date: 12/11/2023 West: CONTINUOUS FLIGHT AUGER North: GROUND WATER OBSERVATIONS 0) VOn Rods (ft): NONE ZAfter Drilling (ft): DRY o 7After Hours (ft): MATERIAL DESCRIPTION = J/, Dark Brown CLAY — 5 Brown and Gray SHALY CLAY —10 , Reddish Brown SHALY CLAY — — TEST BORING TERMINATED AT 10 FT —15- -20- -25- -30- -35- -40- -45- -50- -55- -60- -65- -70- -75- -80- -85— Hammer Drop (lbs / in): 170 / 24 o.S a E a) I o _ x � 8-1-) o m � Oo aa E U o z0- 9C N aN 0 s �Fxa ,V � o J (3n Ho d Z 3.25 30 4.0 2.25 23 52 18 34 3.0 21 8.0 4.5+ 21 10.0 4.5+ 20 5058 Brush Creek Rd. BORING NO.: 75 �10 UES, Fort Worth, Texas 76119 Phone: 817-496-5600 Sheet 1 of 1 Pax: 817-496-5608 PROJECT NO.: W233474 www.alphatesting.com Formerly Alpha Testing Client: Northwest ISD Location: Fort Worth, Texas Project: Northwest ISD - Hiqh School 4 Surface Elevation: Start Date: 12/11/2023 End Date: 12/11/2023 West: Drilling Method: CONTINUOUS FLIGHT AUGER North: Hammer Drop (lbs / in): 170 / 24 GROUND WATER OBSERVATIONS m -6 E t m �7 On Rods (ft): NONE T o N U� �� j �> E C c Q a ZAfter Drilling (ft): DRY o W 3 Y a, s w cn o, m o Q c v -o a, m After Hours (ft): a " 00 ° - a aN o" L � o (!) Q Ur X CO O o O Z J Il T d- a- MATERIAL DESCRIPTION — Brown CLAYEY GRAVEL with limestone V 4b 'I b Ju - - — cobbles 1.0 — 5 — Tan LIMESTONE Tan and Gray SHALY CLAY 4.011 4.0 20 —_ 8.0 4.5+ 19 —10 , Reddish Brown and Brown SHALY CLAY 10.0 20 — — TEST BORING TERMINATED AT 10 FT —15- -20- -25- -30- -35- -40- -45- -50- -55- -60- -65- -70- -75- -80- -85— APPENDIX GR-01 60 00 Product Requirements FORT WORTH. Approval Spec No. Classsification CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Manufacturer Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) Model No. National Spec Updated: 11-6-24 Size 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K. Adeka Ultra -Seal P-201 ASTM D2240/D412/D792 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. 2504G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non -traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/FiberLlass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. I Flowtite 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 (Manhole Frames and Covers I Western Iron Works, Bass & Hays Foundry f 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) * 33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 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 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus) RE32-R817S 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 30" ERGO XL Assembly 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) East Jordan Iron Works with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 3405 13 30" Dia. MH Ring and Cover (Lockable) Cl SIP Industries 2280 (32") ASTM A 48 30" Dia. 12/05/23 3405 13 30" Dia. MH Ring and Cover (Hinged & Lockable) Cl SIP Industries 4267WT - Hinged (32") ASTM A 48 30" Dia. CAP-ONE-30-FTW, Composite, w/ Lock 09/16/19 33 05 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) * 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. * 33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 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 (Rev 1/8/13) * 33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" * 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 4811,6011 Manhole, 32" Opening and Flat top, (No 09/03/24 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Transition Cones) ASTM C 478 48" to 84" I.D. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 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 Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pipe 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" & 60" I.D. Manhole w/32" Cone ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 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 For use when Std. MH cannot be 12/29/23 33 39 20 Wastewater Access Chamber Quickstream Solutions, Inc. Type 8 Maintenace Shaft (Poopit) installed due to depth Water & Sewer - Manholes & Bases/Rehab Svstems/Cementitious * E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc. Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner) Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair F1exKrete Technologies Vinyl Polyester Repair Product Misc. Use * From Original Standard Products List 1 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Approval Spec No. I Classsification I Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Rehab Svstems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, 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, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 33 05 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 Operations Use Onlv (Rev 2/3/16) * 33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. * 33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. Lifesaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc. TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casino 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) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 09/03/24 33 05 13 Casing Spacers Raci (Completely HDPE) Per Manufacturers Requirements (Sewer 8" - 12" (Sewer Only) Applications Only) Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) * 33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co. Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Fastite Pipe (Bell Spigot) AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co. American Flex Ring (Restrained Joint) AWWA C150, C151 4" thru 30" * 33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co. AWWA C150, C151 * 33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co. AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Evoxv 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc. D025LTP02(Composite Body) 2" Sewer - Pipes/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 SPL i«o. #95 ra,...hol #99 Pip ASTM C 76 * E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc. ASTM C 76 Sewer - Pipe Enlarcment Svstem (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata 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 - Pipe/Fiberclass Reinforced/ 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) Hobas Pipe USA, Inc. Hobas Pipe (Non -Pressure) ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP) Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 33 31 13 Glass -Fiber Reinforced Polymer Pipe (FRP) Thompson Pipe Group Thompson Pipe (Flowtite) ASTM D3262/D3754 ASTM D3262, ASTM D3681, 03/07/23 33 31 13 Fiberglass Pipe (FRP) Future Pipe Industries Fiberstrong FRP ASTM D4161, AWWA M45 ASTM D3262, ASTM D3517, 09/03/24 33 31 13 Fiberglass Pipe (FRP) Superlit Boru Sanayi A.S. Superlit FRP ASTM 3754, AWWA C950 * From Original Standard Products List 2 FORT WORTH. Approval Spec No. I Classsification Sewer - Pipe/Polymer Pipe 4/14/05 Polymer Modified Concrete Pipe 06/09/10 E1-9 Reinforced Polymer Concrete Pipe Sewer - Pipes/HDPE 33-31-23(1/8/13) * High -density polyethylene pipe * High -density polyethylene pipe * High -density polyethylene pipe High -density polyethylene pipe Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Sewer - Pipes/PVC* 33-31-20 (7/1/13) * 33-31-20 PVC Sewer Pipe 12/23/97* 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 12/05/23 33-31-20 PVC Sewer Pipe 12/05/23 33-31-20 PVC Sewer Pipe * 33-31-20 PVC Sewer Pipe 05/06/05 33-31-20 PVC Solid Wall Pipe 04/27/06 33-31-20 PVC Sewer Fittings * 33-31-20 PVC Sewer Fittings 3/19/2018 33 31 20 PVC Sewer Pipe 3/19/2018 33 31 20 PVC Sewer Pipe 3/29/2019 33 31 20 Gasketed Fittings (PVC) 10/21/2020 33 31 20 PVC Sewer Pipe 10/22/2020 33 31 20 PVC Sewer Pipe 10/21/2020 33 3120 PVC Sewer Pipe CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Manufacturer Model No. National Spec Size Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Phillips Driscopipe, Inc. Opticore Ductile Polyethylene Pipe ASTM D 1248 8" Plexco Inc. ASTM D 1248 8" Polly Pipe, Inc. ASTM D 1248 8" CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" J-M Manufacturing Co., Inc. QM Eagle) SDR-26 (PSI 15) ASTM D 3034 4" - 15" Diamond Plastics Corporation SDR-26 (PSI 15) ASTM D 3034 4" thru 15" Lamson Vylon Pipe SDR-26 (PSI 15) ASTM D 3034 4" thru 15" Vinyltech PVC Pipe SDR-26 (PSI 15) ASTM D3034 4" thru 15" Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" J-M Manufacturing Co, Inc. (JM Eagle) PS 115 ASTM F 679 18" - 28" Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" Harco SDR-26 (PS 115) Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" Plastic Trends, Inc.(Westlake) Gasketed PVC Sewer Main Fittings ASTM D 3034 Pipelife Jet Stream SDR 26 (PS 115) ASTM F679 1811- 24" Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" GPK Products, Inc. SDR 26 ASTM D3034 4"- 15" NAPCO(Westlake) SDR 26 ASTM D3034 4" - 15" Sanderson Pipe Corp. SDR 26 ASTM D3034 4"- 15" NAPCO(Westlake) SDR 26 PS 115 ASTM F-679 1811- 36" * From Original Standard Products List 3 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 11-6-24 Approval Spec No. I Classsification Manufacturer Model No. National Spec Size Water - Appurtenances 33-12-10 (07/01/13) 09/03/24 33-12-10 Double Strap Saddle Ford Meter Box Co., Inc. 202B V-2" SVC, up to 16" Pipe 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 V-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 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, Inc]. 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 & 61OMT 3/4" and 1" 10/27/87 Curb Stops -Ball Meter Valves McDonald 4603B, 4604B, 6100M, 610OTM and 6101M 1'/2" and 2" FB600-7NL, FB1600-7-NL, FV23-777-W-NL, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. L22-77NL AWWA C800 2" FB600-6-NL, FB1600-6-NL, FV23-666-W- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, L22-66NL AWWA C800 1-1/2" FB600-4-NL, FBI600-4-NL, B I 1-444-WR- 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Ford Meter Box Co., Inc. NL, B22444-WR-NL, L28-44NL AWWA C800 I" B-25000N, B-24277N-3, B-20200N-3, H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, , H-1552N, H142276N ANSI/NSF 372 2" B-25000N, B-20200N-3, B-24277N-3,H- AWWA C800, ANSF 61, 5/25/2018 33-12-10 Curb Stops -Ball Meter Valves Mueller Co., Ltd. 15000N, H-14276N, H-15525N ANSI/NSF 372 1-1/2" 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" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel) JCM Industries, Inc. 412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel) JCM Industries, Inc. 415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel) Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel) Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel) Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW37C-12-IEPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW39C-12-IEPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc. DFW65C-14-IEPAF FTW Class "A" Concrete Meter Box Bass & Hays CM1337-1312 1118 LID-9 Concrete Meter Box Bass & Hays CMB-I8-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CM1365-1365 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) * EI-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. 1/211, 1" & 2" * E1-11 Combination Air Release Valve Valve and Primer Corp. APCO #143C, #145C and #147C 111, 2" & 3" Water - Dry Barrel Fire Hvdrants 33-12-40 (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 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 Shop Drawings No. 6461 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Centurion AWWA C-502 Shop Drawing FH-12 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC) Waterous Pacer W1367 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 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Approval Spec No. �Classsification I Manufacturer I Model No. Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR14 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR18 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc. DR14 Fusible PVC 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR18 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake) DR14 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp. DR14 Water - Pives/Valves & Fittines/Ductile Iron Fittincs 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. * E1-07 Ductile Iron Fittings Griffin Pipe Products, Co. * E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co. 02/26/14 E1-07 MJ Fittings Accucast 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc. 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc. 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc. 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC) Sigma, Co. 08/10/98 E1-07 MJ Fittings(DIP) Sigma, Co. 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore) 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc. 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) Mechanical Joint Fittings Mechanical Joint Fittings Mechanical Joint Fittings, SSB Class 350 Mechanical Joint Fittings, SSB Class 351 Class 350 C-153 MJ Fittings Uni-Flange Series 1400 Uni-Flange Series 1500 Circle -Lock One Bolt Restrained Joint Fitting Megalug Series 1100 (for DI Pipe) Megalug Series 2000 (for PVC Pipe) Sigma One-Lok SLC4 - SLC10 Sigma One-Lok SLCS4 - SLCS12 Sigma One-Lok SLCE Sigma One-Lok SLDE Bulldog System ( Diamond Lok 21 & JM Mechanical Joint Fittings PVC Stargrip Series 4000 DIP Stargrip Series 3000 EZ Grip Joint Restraint (EZD) Black For DIP EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe National Spec AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900, AWWA C605, ASTM D1784 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C153 & C110 AWWA C 110 AWWA C 153, C 110, C III AWWA C 153, C 110, C 112 AWWA C153 AWWA Clll/C153 AWWA C111/C153 AWWA C111/Cll6/C153 AWWA C111/Cll6/C153 AWWA C111/C116/C153 AWWA C111/C153 AWWA C111/C153 AWWA Clll/C153 AWWA C153 ASTM F-1624 AWWA C153 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA CI I I ASTM A536 AWWA CI I I Updated: 11-6-24 Size 4"-1 6" 16"-18" 4"-1 6" 16"-18" 4"-12" 16"-24" 4"-12" 1 6"-24" 4"-28" 16"-24" 4" - 8" 16" - 24" 4"- 12" 4'1- 12'1 4"-12" 4" to 36" 4" to 24" 4" to 12" 4" to 42" 4" to 24" 4" to 10" 4" to 12" 12" to 24" 4" - 24" 4" to 12" 4" to 24" 3"-48" 4"-12" 16"-24" * From Original Standard Products List 5 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Approval Spec No. I Classsification I Manufacturer Water - Pives/Valves & Fittincs/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control 12/13/02 Resilient Wedge Gate Valve American Flow Control 08/31/99 Resilient Wedge Gate Valve American Flow Control 05/18/99 Resilient Wedge Gate Valve American Flow Control 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control 08/05/04 Resilient Wedge Gate Valve American Flow Control 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company * E1-26 Resilient Seated Gate Valve Kennedy * E1-26 Resilient Seated Gate Valve M&H * E1-26 Resilient Seated Gate Valve Mueller Co. 11/08/99 Resilient Wedge Gate Valve Mueller Co. 01/23/03 Resilient Wedge Gate Valve Mueller Co. 05/13/05 Resilient Wedge Gate Valve Mueller Co. 01/31/06 Resilient Wedge Gate Valve Mueller Co. 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co. 10/04/94 Resilient Wedge Gate Valve Clow Valve Co. 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co. 11/29/04 Resilient Wedge Gate Valve Clow Valve Co. 11/30/12 Resilient Wedge Gate Valve Clow Valve Co. 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) 08/24/18 Matco Gate Valve Matco-Norca Water - Pives/Valves & Fittincs/Rubber Seated Butterflv Valve 33-12-21 (07/10/14) * E1-30 Rubber Seated Butterfly Valve Henry Pratt Co. * E1-30 Rubber Seated Butterfly Valve Mueller Co. 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co. 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve 03/19/18 33 1221 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson) 09/03/24 33 1221 Rubber Seated Butterfly Valve American AVK Company Water - Polvethvlene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment 05/12/05 E1-13 Polyethylene Encasment 05/12/05 E1-13 Polyethylene Encasment 09/06/19 33-11-11 Polyethylene Encasment Model No. Series 2500 Drawing # 94-20247 Series 2530 and Series 2536 Series 2520 & 2524 (SD 94-20255) Series 2516 (SD 94-20247) Series 2500 (Ductile Iron) 42" and 48" AFC 2500 American AVK Resilient Seaded GV Series A2361 (SD 6647) Series A2360 for 18"-24" (SD 6709) Mueller 30" & 36", C-515 Mueller 42" & 48", C-515 16" RS GV (SD D-20995) Clow RW Valve (SD D-21652) Clow 30" & 36" C-515 Clow Valve Model 2638 Metroseal 250, requirements SPL #74 EJ F1owMaster Gate Valve & Boxes 225 MR Valmatic American Butterfly Valve. M&H Style 4500 & 1450 AWWA C504 Butterfly Valve AWWA C504 Butterfly Valve Class 250B Flexsol Packaging Fulton Enterprises Mountain States Plastics (MSP) and AEP Ind. Standard Hardware AEP Industries Bullstrong by Cowtown Bolt & Gasket Northtown Products Inc. PE Encasement for DIP National Spec AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C509 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C509 AWWA C515 AWWA C515 AWWA C515 AWWA C515 AWWA C 509, ANSI 420 - stem, AWWA/ANSI C115/An21.15 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C-504 AWWA C105 AWWA C105 AWWA C105 AWWA C105 Updated: 11-6-24 Size 16" 30" and 36" 20" and 24" 16" 4" to 12" 42" and 48" 4" to 12" 20" and smaller 4" - 12" 4" - 12" 4" - 12" 16" 24" and smaller 30" and 36" 42" and 48" 4" - 12" 16" 24" and smaller 30" and 36" (Note 3) 24" to 48" (Note 3) 4" - 12" 3" to 16" 4" to 16" 24" 24"and smaller 24" and larger Up to 84" diameter 24" to 48" 30"-54" 24" - 48" 8 mil LLD 8 mil LLD 8 mil LLD 8 mil LLD Water - Samplinc Station 03/07/23 33 12 50 Water Sampling Station Kupferle Foundry Company Eclipse, Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 09/02/24 33 i2 50 Mueller Water Products, Inc;a BSS0 r, UDG2 D N This product removed �-rcw ,�Oc� vvvvi-36-rvronvz, C�v-rr�€'�oe$� 10/21/20 04/09/21 04/09/21 Water - Automatic Flusher Automated Flushing System Automated Flushing System Automated Flushing System HG6-A-IN-2-BRN-LPRR(Portable) Mueller Hydroguard HG2-A-IN--2-PVC-018-LPLG(Permanent) Kupferle Foundry Company Eclipse #9800wc 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 6 FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Manufacturer Miv ID DescriptionApproval Mix Concrete Class A (S dewalh, ADA Ramps, Driveways, Curb/Gutter, %ledian Pavement) 9/9/2022 32 1320 Mix Design American Concrete Company 30CAF029 3000 psi 3-5" Slump; 3-6 % Air 4/3/2025 32 1320 Mix Design Big Town Concrete 2211 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Bumco Texas 30U101 AG 3000 psi 3-5" Slump; 3-6 % Air 4/l/2024 32 1320 Mix Design Bumco Texas 30U500BG 3000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Carder Concrete F WCC502001 3000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Carder Concrete FWCC502021 3500 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 1320 Mix Design Chisholm Trail Redi Mix C 13020AE 3000 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 1320 Mix Design City Concrete Company 30HA20TI 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 253-W 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 250 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Cow Town Redi Mix 350 3000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 1320 Mix Design Estrada Ready Mix R3050AEWR 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Holcim - SOR, Inc. 1261 3000 psi 3-5" Slump; 3-6% Air 9/23/2024 32 1320 Mix Design Holcim - SOR, Inc. 5177 3000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 1320 Mix Design Liquid Stone C301D 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2136214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2136014 3000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 1320 Mix Design Martin Marietta R2136N14 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 1320 Mix Design Martin Marietta R2136R20 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 1320 Mix Design Martin Marietta R2136N20 3000 psi 3-5" Slump; 3-6% Air 11/2/2022 32 1320 Mix Design Martin Marietta R2141K24 4000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 1320 Mix Design Martin Marietta R2136K14 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2131314 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta R2132214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Martin Marietta D9490SC 3000 psi 3-5" Slump; 4.5-7.5% Air 10/4/2023 32 1320 Mix Design NBR Ready Mix CLS A-YY 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 1320 Mix Design NBR Ready Mix CLS A -NY 3000 psi 3-5" Slump; 3-6% Air 7/10/2023 32 1320 Mix Desing Osborn 30A50MR 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 1320 Mix Design Rapid Redi Mix RRM5020A 3000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 1320 Mix Design Rapid Redi Mix RRM5525A 3600 psi 3-5" Slump; 3-6% Air 10/24/2024 32 1320 Mix Design SRM Concrete 30850 3000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 1320 Mix Design SRM Concrete 30350 3000 psi 3-5" Slump; 3-6% Air 10/18/2024 32 1320 Mix Design SRM Concrete 30050 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete FW5025A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete CP5020A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 1320 Mix Design Tarrant Concrete TCFW5020A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Tarrant Concrete FW5525A2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design Titan Ready Mix 3020AE 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 1320 Mix Design True Grit Redi Mix 0250.230 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.2301 3000 psi 3-5" Slump; 3-6% Air Class CIP'Inlets, Manholes, .unction Boxes, Encasement, 3locldn , Collars, (Sp-ead Footing Pedistal Pole Foundations (Reference Detail 34 41 10-D605A) 9/9/2022 32 13 13 Mix Design American Concrete Company 40CNF065 4000 psi 3-5' Slump; 0-3% Air 9/9/2022 32 13 13 Mix Design Bumco Texas 40U500BG 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255-2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 355 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 270 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 353 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 257 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 357 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1701 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1551 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 5409 4000 psi 3-5" Slump; 3-6% Air 4/27/2023 32 13 13 Mix Design Liquid Stone C361DNFA 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141230 4000 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2141R24 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146R33 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146K33 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2142233 3600 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2136224 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141233 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146038 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design Martin Marietta R2146K34 4000 psi 3-5" Slump; 3-6% Air 9/12/2023 32 13 13 Mix Design NBR Ready Mix CLS Pl-YY 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-YY 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-NY 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 3213 13 Mix Design Rapid Redi Mix RRM5320A 3000 psi 3-5" Slump; 3-6% Air FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Maniff'-ftner Mix ID DescriptionApproval Mix Concrete(Continued) 1/18/2023 32 13 13 Mix Des Rapid Redi Mix RRM6020ASS 4000 psi 3-5" Slump; 3-6%Air 10/24/2024 32 13 13 Mix Des SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Desp SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Des SRM Concrete 35050 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5320A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 13 Mix Design Tarrant Concrete TCFW6025A2 4000 psi 3-5" Slump; 3-6% Air Class C (Drilled Shaft for Traffic SSgpal Pole Foundations Reference Detail 3141 10-D605) 9/9/2022 3213 13 Mix Desp Bumco TTexas 36U500BG 3600 psi 5.5-7.5" Slump; 3-6% Air 6/21/2023 32 13 13 Mix Des Cow Town Redi Mix 360-DS 3600 psi 5.5-7.5" Slump; 3-6% Air 10/30/2024 32 13 13 Mix Des Estrada Ready Mix R36575AEWR 3600 psi 5.5-7.5" Slump; 3-6%Air 12/5/2022 32 13 13 Mix Desp Holcim - SOR, Inc. 1822 3600 psi 5.5-7.5" Slump; 0-3% Air 9/9/2022 32 13 13 Mix Des Holcim- SOR, Inc. 1859 4000 psi 5.5-7.5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Des Liquid Stone C361DHR 3600 psi 5.5-7.5" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Des Martin Marietta U2146N41 3600 psi 5-7Slump; 3-6 % Air 6/27/2023 32 13 13 Mix DespMartin Marietta U2146K45 3600 psi 5-7Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K2524 3600 psi 5.5" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135KO524 3600 psi 5.5" Slump; 3-6% Air Class C Headwalls, Wingwalls, Culverts 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602001 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp City Concrete Company 40LA2011 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des n Cow Town Redi Mix 260-2 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Cow Town Redi Mix 360-1 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Cow Town Redi Mix 260-1 3600 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Des Estrada Ready Mix R3655AEWR 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des GCH Concrete Services GCH4000 4000 psi 3-5" Slump; 3-6% Air 4/l/2023 32 13 13 Mix Des Martin Marietta 310LBP 3600 psi 3-5" Slump; 4-7% Air 8/30/2023 32 13 13 Mix Des Martin Marietta R2141R30 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Martin Marietta R2146035 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des SRM Concrete 40050 4000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 13 13 Mix Desp SRM Concrete 35022 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020A2 4000 psi 3-5" Slump; 3-6% Air Class P (Machine Placed Paving) 4/3/2025 32 13 13 Mix Design Big Town Concrete 4511 3600 psi 1-3" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 4411 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC552091 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602091 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 36LA2011 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi 1-3" Slump; 3-6% Air 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi 1-3" Slump; 3-6% Air 2/6/2024 32 13 13 Mix Design Estrada Ready Mix TD3655AEWR 3600 psi 1-3" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta Q2141R27 4000 psi 1-3" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141K30 4000 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY 3600 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF -NY 3600 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40068 4000 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40825 4000 psi 1-3" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 40025 4000 psi 1-3" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 35023 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5520AMP 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0255.2301 3600 psi 1-3" Slump; 3.5-6.5%Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2302 4000 psi 1-3" Slump; 3.5-6.5% Air Class H (Hand Placed Paving, Valley Gutter) 9/9/2022 32 13 13 Mix Design American Concrete Company 45CAF076 4500 psi 3-5" Slump; 3-6% Air 5/2/2023 32 13 13 Mix Design Big D Concrete CM14520AE 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6211 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6311 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Big Town Concrete 6017 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Bumco Texas 4SUS00BG 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602021 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 45NA2011 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 265 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4560AEWR/ 4500 psi 3-5" Slump; 4-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4500 4500 psi 3-5" Slump; 3-6% Air 10/4/2024 32 13 13 Mix Design Holcim - SOR, Inc. 5507 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc. 1851 4500 psi 3-5" Slump; 3-6% Air FORT WORTH.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Spec No. Classification Maniff'-ftner DescriptionApproval Mix ID Mix Concrete(Con'inued) 4/5/2025 3213 13 Mix Desp Liquid Stone C451D 4500 psi 3-5" Slump; 3-6%Air 11/2/2022 3213 13 Mix Des Martin Marietta R2146N35 4500 psi 3-5" Slump; 3-6%Air 8/4/2023 3213 13 Mix Des Martin Marietta R21461136 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 3213 13 Mix Des Martin Marietta R2146N36 4500 psi 3-5" Slump; 3-6% Air 5/22/2023 32 13 13 Mix Des Martin Marietta R2146K37 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Des Martin Marietta R2146R44 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Des Martin Marietta R2146K44 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Des Martin Marietta R2146P36 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Desp Martin Marietta R2146K36 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Martin Marietta R2147241 4500 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Des)ip Martin Marietta R2146236 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des)ip Martin Marietta R2146036 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des}tgn Martin Marietta R2146242 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Martin Marietta R2146042 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Des1ip NBR Ready Mix CLS P2-YY 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Des1� NBR Ready Mix CLS P2-NY 4500 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 13 Mix Des 1� Osborn 45A60MR 4500 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Des 1� Rapid Redi Mix RRM6320AEP 4500 psi 3-5" Slump; 3-6% Air 1/13/2023 32 13 13 Mix Des�np SRM Concrete 45023 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Desp SRM Concrete 45000 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 3213 13 Mix Desp SRM Concrete 45350 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 3213 13 Mix Des SRM Concrete 45850 4500 psi 3-5" Slump; 3-6% Air 10/18/2024 3213 13 Mix Des SRM Concrete 45050 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Tarrant Concrete FW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Tarrant Concrete FW60AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Tarrant Concrete TCFW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Titan Ready Mix TRC4520 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp True Grit Redi Mix 0260.2301 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp True Grit Redi Mix 0265.2301 4500 psi 3-5" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 270.230 4500 psi 3-5" Slump; 3-6% Air 10/9/2024 32 13 13 Mix Design Wildcatter 4520AI 4500 psi 3-5" Slump; 3-6% Air Class HES High Early Stren ,,th Paving) 9/9/2022 3213 13 ix Des1Ep Big D Concrete 14500AE 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des n Cow Town Redi Mix 370-INC 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 375-NC 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 370-NC 4500 psi 3-5" Slump; 3-6% Air 1/18/2023 3213 13 Mix Des Cow Town Redi Mix 380-NC 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Des Estrada Ready Mix 4575AESC 4500 psi / 3000 psi (&, 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Des Holcim - SOR, Inc. 2125 5000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Desp Liquid Stone C451 DHR-A 4500 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Des p Martin Marietta R2161K70 6000 psi / 3000 Ti 9 24hr. 3-5" Slump; 3-6% Air 2/10/2023 32 13 13 Mix Des SRM Concrete 50310 5000 psi 3-5" Slump; 3-6 % Air 9/9/2022 32 13 13 Mix Desp SRM Concrete 40326 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6520AMR 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tartan[ Concrete FW7520AMR 4500 psi / 3000 psi 3 days 3-5" Slump; 3-6% Air Class S (Bridge Slabs, Top Slabs of Direct Traffic Culverts, Approach Slabs) 9/9/2022 32 13 13 Mix�esign Cow Town Redi Mix 266 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Desp Cow Town Redi Mix 360 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 3213 13 Mix Des Cow Town Redi Mix 365-STX 4000 psi 3-5" Slump; 3-6% Air 1/29/2024 3213 13 Mix Des Estrada Ready Mix R4060AEWR 4000 psi 4-6" Slump; 3-6% Air 5/3/2023 3213 13 Mix Des n Martin Marietta M7842344 4000 psi 3-5" Slump; 4.5-7.5% Air 4/l/2023 32 13 13 Mix Des Martin Marietta R2146P33 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Des NBR Ready Mix TX S-NY 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Des NBR Ready Mix TX S-YY 4000 psi 3-5" Slump; 3-6 % Air 4/5/2025 32 13 13 Mix Desp SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 5/5/2023 32 13 13 Mix Design SRM Concrete D100008553CB 4000 psi 3-5" Slump; 3-6% Air Concrete Base Trench Repair 4/l/2023 1033416 ( Mix Design Branco Texas IOYH50BF I I 1000 psi (Flowable; 8.5-11.5% Air 9/9/20221033416 Mix Design Bumco Texas 08Y450BA 800 psi 5-7" Slump; 3-6 %Air Controlled Low Strength Material (Flowable Fill) 9/9/2022 03 34 13 Mix Design Burri exas OIY690BF 100 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 13 Mix Des Carder Concrete FWCC359101 50-150 psi 3-5" Slump; 8-12% Air 9/9/2022 0334 13 Mix Des Carder Concrete FWFF237501 50-150 psi Flowable; 8.5-11.5 % Air 9/9/2022 0334 13 Mix Desp City Concrete Company 11-350-FF 50-150 psi Flowable; 8-12% Air 9/9/2022 0334 13 Mix Des Cow Town Redi Mix Mix# 9 70 psi 7-9" Slump; 8-11% Air 10/4/2023 03 34 13 Mix Design NBR Ready Mix FTW FLOW FILL 150 psi 7-10" Slump; 8-12%Air 9/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF150CLSM 50-150 psi Flowable; 8-12% Air FORT WORTH, CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Desiens do not sunercede CFW Specifications !!!!!!rrrr Concrete Rip Rap 4/l/2023 31 3700 Mix Design Martin Marietta R2141030 4/l/2023 31 3700 Mix Design Martin Marietta R2146033 Asphalt P7vhtg 9/9/2022 32 12 16 Mix Design Austin Asphalt F75B117965 FT5B 117965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FTIBI39965 FTIBI39965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B117.2 FTIB117.2 PG64-22 Type B Fine Base 5/l/2024 32 12 16 Mix Design Reynolds Asphalt 340-DG-B P 340-DG-B PG64-22 Type B Base Course 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1112B 1112B PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1612B 1612B PG64-22 Type B Fine Base 4/4/2025 32 12 16 Mix Design Reynolds Asphalt 2315B 2315B PG64-22 Type B Fine Base 12/5/2022 33 12 16 Mix Design Surmount Paving 3076BV6422 3076BV6422 PG62-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Surmount Paving 341-BRAP6422ERG 34 1 -BRAP6422ERG PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 37-211305-20 37-211305-20 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 44-211305-17 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 211305 (1757) 211305 (1757) PG64-22 Type B Fine Base As4halt(Continued) 9/9/2022 32 12 16 Mix Design TXBIT 64-224125-18 PG PG70-22 Type D Fine Surface 4/1/2024 32 12 16 I Mix Design TXBIT 344 MAC-SP-D 70-22XR I64-224125-18 344 MAC-SP-D 70-22XR SAC A-R Type D Fine Surface Detectable Warning Surface 9/9/2022 32 13 20 DWS - Pavers Pine Hall Brick (Winston Salem, NC) Tactile Pavers 9/9/2022 32 13 20 DWS - Pavers Western Brick Co. (Houston, TX) Detectable Warning Pavers 9/9/2022 32 13 20 DWS - Composite Armor Tile 9/9/2022 32 1320 DWS - Composite ADA Solutions (Wilmington, MA) Heritage Brick CIP Composite Paver 4/7/2023 32 1320 DWS - Pavers ADA Solutions (Wilmington, MA) Detectable Warning Pavers Silicone Joint Sealant 9/9/2022 32 1373 Joint Sealant Dow 890SL 890SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 32 13 73 Joint Sealant Tremco 900SL 900SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 32 1373 �32 Joint Sealant Pecan,300SL 300SL - Cold Applied, Single Component, Silicone Joint Sealant 9/9/2022 13 73 Joint Sealant Crafco RoadSaver Silicone RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant Utility, Trench Embedment Sand 9/9/2022 33 OS lb Embedment Sand Silver Creek Materials Utility Embedment Sand 9/9/2022 33 05 10 Embedment Sand Crouch Materials Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand 9/9/2022 3305 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand Storm Sewer - Manholes & B3ses/Frames & Covers/Standard (Round) 33-05-13 4000 psi I3-5" Slump; 3-6% Air 4000 psi 3-5" Slump; 3-6% Air 9/28/2018 3305 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD) MHRC #220605 MHRC #220605 (Size - **24" Dia.) 9/28/2018 3305 13 Manhole Cover Neenah Form NF-1274-T91 NF-1274-T91 (Size - 32" Dia.) 9/28/2018 3305 13 Manhole Frames and Coy Neenah Foun NF-1743-LM (Hinged) NF-1743-LM (Hinged) (Size - 32" Dia.) 9/28/2018 3305 13 Manhole Frame Neenah Form NF-1930-30 NF-1930-30 (Size - 32.25" Dia.) 9/28/2018 3305 13 Manhole Frames and Coy Neenah Form R-1743-ITV R-1743-HV (Size - 32" Dia.) 4/3/2019 3305 13 Manhole Frames and Coy SIP Industries ++ 2279ST 2279ST (Size - 24" Dia.) 4/3/2019 3305 13 Manhole Frames and Coy SIP Industries ++ 2280ST 2280ST (Size - 32" Dia.) 10/8/2020 3305 13 Manhole Frames and Coy EJ ( Formally East Jordan Iron Works) EJ1033 Z2/A EJ1033 Z2/A (Size - 32.25" Dia.) 3/8/2024 3305 13 Curb Inlet Covers SIP Industries ++ 2296T 2296T (Size - ***24" Dia.) 6/18/2024 3305 13 Curb Inlet Covers SIP Industries ++ 2279STN 2279STN (Size - 24" Dia.) **Nate. All new development and new installation manhole yids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 0513. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. �ASTMD5893 ASTM D5893 ASTM D5893 ASTM D5893 ASTM C33 ASTM C33 ASTM C33 ASTM C33 ASTM C33 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 ASTM A536 AASHTO M306 ASTM A48 AASHTO M306 ASTM A48 AASHTO M306 Storm Sewer - Inlet & Structures 33-05-13 10/8/2020 33 49 20 Curb Inlets Fortema FRT-1 Ox3-405-PRECAST** (Size - 10' X 3') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox3-406-PRECAST** (Size - 10' X 3') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox4.5-407-PRECAST** (Size - 10' X 4.5') ASTM C913 10/8/2020 33 49 20 Curb Inlets Forterrra FRT-1 Ox4.5-420-PRECAST** (Size - 10' X 4.5') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-TOP (Size - 4' X 4') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-4X4-409-PRECAST-BASE (Size - 4' X 41 ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-5X5410-PRECAST-TOP (Size - 5' X 5') ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-5X5410-PRECAST-BASE (Size - 5' X 51 ASTM C913 10/8/2020 33 39 20 Manhole Forterrra FRT-6X64I I -PRECAST -TOP (Size - 6' X 6') ASTM C913 10/8/2020 33 39 20 Manhole Forterrm FRT-6X64I I -PRECAST -BASE (Size - 6' X 6� ASTM C913 3/19/2021 33 49 20 Curb Inlets Thompson PT' a Group TPG-I OX3-405-PRECAST INLET** (Size - 10' X 3') ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson PTe Group TPG-15X3-405-PRECAST INLET** (Size - 15' X 3') ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson PTe Group TPG-20X3-405-PRECAST INLET** (Size - 20' X T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP (Size - 4' X 4') ASTM 615 FORT WORTH,.; CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 4/5/2025 !!!!!!!! Attention: Mix Designs do not su ercede CFW Specifications !!!!!!rrrr Description 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4409-PRECAST BASE (Size - 4' X 4') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP (Size - 5' X 5') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE (Size - 5' X 5� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST TOP (Size - 6' X 6') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST BASE (Size - 6' X 6� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST TOP (Size - TX T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE (Size - TX 7� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER (Size - TX T) ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST TOP (Size - 8' X 8') ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST BASE (Size - 8' X 8� ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X 8') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET (Size - 4' X 4') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET (Size - 5' X 5') ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET (Size - 6' X 6') ASTM 615 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Stacked Manhole (Size - 4' X 4� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box (Size - 5' X 8� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Storm Junction Box (Size - 4' X 4� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 5' Storm Junction Box (Size - 5' X 5� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 6' x 6' Storm Junction Box (Size - 6' X 6� ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8') ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Stomr Junction Box Base (Size - 5' X 8') ASTM C478 8/28/2023 33 49 10 Manhole Rinker Materials Reinforced 48" Diameter Spread Footing Manhole (Size - 4' X 4') ASTM C433 8/28/2023 33 39 20 Curb Inlet 10'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 15 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT) ASTM C913-16 1/12/2024 33 49 20 Drop Inlet AmenTex Pipe &Products Drop Inlet (4' X 4� ASTM C913 1/12/2024 33 49 20 Drop Inlet AmenTex Pipe &Products Drop Inlet (5' X 5� ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 4'x4' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 5'x5' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products 5' Precast Tansition MH (4' MH on the top of 5' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 6'x6' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products 6' Precast Tansition MH (4' MH on the top of 6' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmenTex Pipe &Products Precast 8'x8' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 8' Precast Tansition MH (4' MH on the top of 8' JB) ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Type C Storm Drain Manhole on Box (4' MH on the top of RCB) ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 10x3 Precast** (Size 10' x 39 ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 15x3 Precast** (Size 15' x 3'' ASTM C913 **Note: Pre -cast inlets are apposed for the stage / portion o) the structure (basin) only. Stage H pordon ot'the structure are required to be cast in -place. No exceptions to thu requirement sha!l be allowed. Storm Sewer - Pies & Boxes 33-05-13 4/9/2021 3341 13 Storm Dram Pipes Advanced Drainage Systems, Inc. (ADS) ADS HP Storm Polvpropylene (PP) Pipe (Size - 12" - 60") ASTM F2881 & AASHTO M330 8/28/2023 3341 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger) ASTM C76, C655 8/28/2023 3341 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various) ASTM C789, C850 10/12/2023 3341 10 Storm Drain Pipes AmeriTex P�c &Products Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger) ASTM C76, C506 10/12/2023 3441 10 Culvert Box AmeriTex Pipe &Products Reinforced Concrete Box Culvert (size - Various)) ASTM C1433,C1577 10/18/2023 3541 10 Storm Drain Pipes The Turner Co. Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger) ASTM C76, C506 10/18/2023 3341 10 Culvert Box The Turner Co. Reinforced Concrete Box Culvert (size - Various) ASTM C1433,C1577 4/12/2024 3341 10 Storm Drain Pipes Thompson Pipe Group Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various) ASTM C76, C506 6/25/2024 3341 10 Culvert Box Oldcastle Reinforced Concrete Box Culvert ASTM C1433,C1577 6/25/2024 3341 10 Storm Drain Pipes Oldcastle Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various) ASTM C76, C506 Revision Comments (1-29-2025) Removed Argos, Ingram, Redi-Mix, Charley s (4-3-2025) Bigto— Concrete updated Mix ID's (4-5-2025) 03 34 13 CLSM specification