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Home My WebLink About051610-PM1 - Construction-Related - Contract - Conatser Construction TxLPCSC No. 51610-PM1 FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Chapel Creek Phase 3 City Project No. 101317 Betsy Price Mayor David Cooke City Manager Christopher P. Harder, P.E. Water Director Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2019 Shield Engineering Group �P: �•.......:��-, es *.:.......................... RYAN J. HILL ,Q.. 114314 .......a. 51610 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0000 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page I of 4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Condittio�]n�s_�.,, 00-11 13 Invitation to Bidders 00.1 13 Inot u tiei39-te Bidders 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 00-43-13 --Bid-lid 00 45 11 Bidders Prequalification's 00 45 12 Prequalification Statement 00-43-4 Bidde equeAifieatierl- ieatierl 00 45 26 Contractor Compliance with Workers' Compensation Law 00-45-40 Minority Business -Ente ise Goal 00 52 43 Agreement 00 61 25 Certificate of Insurance (Use actual Acord Form) 00 62 13 Performance Bond 00 62 14 Payment Bond 00 62 19 Maintenance Bond 00 72 00 General Conditions (Optional) 00-73-00 pplementa-Genditions (Optiena1- 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01 - General Requirements 01 11 00 Summary of Work 01 -z? --00 _S stitutien-Procedures 01 31 19 Preconstruction Meeting 04-34-20 Prejest-Meetings 013216_C stmctien- eglesoSehedule 01-32-33 Preeonstmetion Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01-39-13 Tempo ary ejeet-Sigiiage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01_70_00 ebilizatien-end Remebilizatien 0141-23 Conetrustion-Staking 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101317 Revised September 1, 2015 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proi ectpoint. buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02 - Existing Conditions 02 4113 Selective Site Demolition 02 4114 Utility Removal/Abandonment 02 4115 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceway and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 44-36.00 Gabiens 31 37 00 Riprap Division 32 - Exterior Improvements 32-0J-47_Pe t Asphalt -1 aving-Repair- 324i 18 per -Asphalt- g_Repair 32 01 29 Concrete Paving Repair 32442-3--- z' exible-Base-Geurses 32 11 29 Lime Treated Base Courses 3 -Courses 3 -16 Asphalt-P.avieg 32_12_73 -Crack -Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32-14-16 n..: k r Tnif Pa..:.ng CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised September 1, 2015 0000 10-3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of4 1 32 16 13 2 32 17 23 3 32341-3 4 323126 5 323134 6 32 32 13 7 32 91 19 8 32 92 13 9 32 93 43 10 Concrete Curb and Gutters and Valley Gutters Pavement Markings C eii+-bink Fences and Gates Wire-Fenses-and Gates Wood Fenees-and-bates Cast -in -Place Concrete Retaining Walls Topsoil Placement and Finishing of Parkways Hydro -Mulching, Seeding, and Sodding Trees and Shrubs 11 Division 33 - Utilities 12 33 01 30 Sewer and Manhole Testing 13 33 01 31 Closed Circuit Television (CCTV) Inspection 14 33 03 10 Bypass Pumping of Existing Sewer Systems 15 33 04 10 Joint Bonding and Electrical Isolation 16 33 04 11 Corrosion Control Test Stations 17 33 04 12 Magnesium Anode Cathodic Protection System 18 33 04-30 -Temporary Ater Services 19 33 04 40 Cleaning and Acceptance Testing of Water Mains 20 33 05 10 Utility Trench Excavation, Embedment, and Backfill 21 33 05 12 Water Line Lowering 22 33 05 13 Frame, Cover and Grade Rings 23 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 24 33 05 16 Concrete Water Vaults 25 33 05 17 Concrete Collars 26 33 05 20 Auger Boring 27 33 05 21 Tunnel Liner Plate 28 33 05 22 Steel Casing Pipe 29 3-3 0523 Hand -Tunneling 30 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 31 33 05 26 Utility Markers/Locators 32 33 05 30 Exploratory Excavation for Existing Utilities 33 33 11 10 Ductile Iron Pipe 34 33 11 11 Ductile Iron Fittings 35 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 36 334 -43 Concrete Pressure-ipe,Bar Wrapped, Steel-Cylinder4ype 37 334.1--44-Buried-Steel-Pipe-and Fittings 38 33 11 15 Pre -stressed Concrete Cylinder Pipe 39 33 12 10 Water Services 1 -inch to 2 -inch 40 3342 11 Barge Water Meters 41 33 12 20 Resilient Seated Gate Valve 42 3342-21 ^ `z A -Rubber -Seated Butterfly Valves 43 33 12 25 Connection to Existing Water Mains 44 3342 30 Comb:^atiea ir-1alve-Assemblies for Potable-\ater Systems 45 33 12 40 Dry -Barrel Fire Hydrants 46 33-12-50 Water Sample Stations 47 33 12 60 Blow -off Valves 48 3-3--34-12 Cured -in blase e{GTPP} 49 33 31-13— Fiberglass-Rein€orced-Pipe-€er-6ras4t Sanitary Sewers 50 33-31--46 HDPE Pipe -For Sanitary Sewers (Cra ty-and FerselVla ns) CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised September 1, 2015 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 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 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 3344_22 Sanitary Sewer Slip ing 33 31 23 Sanitary -Sewer Pipe-€n1ergemei+t 33 31 50 Sanitary Sewer Service Connections and Service Line 33-3.170 Combiriation Air lve€er-Sanitary Sewer-Ferse Mains 33 39 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33-3 -40 Wastewater Arseess Ghamber-(WA 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 4110 Reinforced Concrete Storm Sewer Pipe/Culverts 33-44-41 HDPE Steam Sevier -Pipe 33 46 00 Sub drainage 33-46.01 Slotted Drains 33-46-02 Trench -Drains 33 49 10 Cast -in -Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 — Transportation 34-44-10 Traffic Signals 34 41 13 RemovingTraffic Signals 34 41 20 Roadway Illumination Assemblies 3441 30 Aluminum Signs 34 7113 Traffic Control [Appendix to be included for all projects] Appendix GC -4U1 Availability ads GC -4.02 Subsurface and Physical Conditions GC 1.04 Underground Facilities GC -486 Hazardous Envireitmei}tal- ion -at -Site GC -6 O6.D Minerity said Womei3 Owned-Bnsiness-Enterprise-Gemp•lianee GC -6.07 _Wage -Rates GC -6.09 Permits and Utilities GC -6.24 Neadiscriminatiei3 GR-8I-6A-00—Predust-Requirements END OF SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised September 1, 2015 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page I of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: D.R. Horton — Texas, LTD., a Texas Limited Partnership By: D.R. Horton, Inc., a Delaware Corporation, Its Authorized Agent 6751 North Freeway Fort Worth, TX 76131 FOR: Chapel Creek Phase 3 City Project No.: 101317 Units/Sections: Water: 56008-0600430-101317-001580 Sewer: 56008-0700530-101317-001380 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 LAP DID TORM FOR PURIJCLY BID PROJECTS ONLY Page 2 of 3 b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Paving b. Utility c. Earthwork d. Lightning 4. Time of Completion asv ,did 4.1. The Work will be complete for Final Acceptance within calendar days after the date when .the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 00 4100 Bid Form - DAP.dccx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3 of 3 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 7. Bid Submittal This Bid is submitted on by the entity named below Respectfully submitted, By: ` (e) 7r OGK liu!4G ( (\S (P ' d Name) Titlej7 i dent Company: ConA 'see' Cu4 L. P. Address: 5 3 21 LJ1c \ riu % t horn -k O,, `ty -1(Q 1 U°I State of Incorporation: Email: b2 G 1< c'i'. COw` Phone: Receipt is acknowledged of the following Addenda: Initial Addendum No. I Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 42 43 DAP - BID PROPOSAL Page I of S SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section NO. Unit of Measure Bid Quantity Unit Price Bid Value UNIT I: WATER IMPROVEMENTS 1 3311.0261 8" PVC Water Pipe 33 11 12 LF 8 136 $34.00 $2,624.00 2 3312.0001 Fire Hydrant W/ Gate Value 33 12 40 EA 7 $4,500.00 $31,500.00 3 3312.2003 1" Water Service 33 12 10 EA 199 $950.00 $189,050.00 4 3312.3003 8" Gate Valve & Box 33 1220 EA 18 $1,250.00 $22,500.00 5 3312.0117 Connection to Existing 4"-12" Water Main 33 1225 EA 3 $1,000.00 3 000.00 6 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.8 $4,000.00 $7,200.00 7 3305.0109 Trench Safety 3305 10 LF 8,136 $0.25 $2,034.00 8 3471.0013 Traffic Control 34 71 14 MO 1 $3,500.00 $3,500.00 TOTAL NIT I: WATER IMPROVEMENTS $535,408.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS I, Bn 42 43 Bid PmposalO_DAP Conalser_SIGNED (2n1S.n9.27).zts Form Version September201 S 004243 DAP- BID PROPOSAL Page 2 of 8 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infonnation Bidder's Proposal Bidlist Item Description No. Section Specification No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT II: OFFSITE WATER IMPROVEMENTS 1 13311.0461 12" PVC Water Pipe 33 11 12 LF 1 289 $46.00 $59,294.0 2 f.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $1,200.00 $1,200.0 3 3311.0001 Ductile Iron Water Fittings W/ Restraint 33 1111 TON 0.2 $4,500.00 $900.00 4 3305.0109 Trench Safety 33 05 10 LF 1,289 $1.00 $1289 0 5 3471.0013 Traffic Control 34 71 14 MO 1 $3,500.00 $35000 6 3312.3005 12" Gate Valve & Box 33 12 20 EA 2 $2,600.00 $5200.0 7 3312.1002 2" Combination Air Valve Assembly for Water 33 12 30 EA 1 $4,500.00 $4500.0 8 3312.0001 Fire Hydrant w/ Gate Value 33 12 40 EA 1 $4,500.00 $4,500 TOTAL UNIT : OFFSITE WATER IMPROVEMENTS $80,383.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 0842 43_Bid Pmposelo_DAP Conatsa_SIGNED (2018.09.27).xi Fonn Version Septe+nber 1, 2015s 004243 DAP- BID PROPOSAL Page 3 of a SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infonnation Bidder's Proposal Bidlist Item No, Description Specification Section No. Unit of Measure Bid Quantity Unit Price LEdalue UNIT III: SANITARY SEWER IMPROVEMENTS 1 3331.4115 8" Sewer Main _ 33 31 20 LF 7.318 $38.00 $278,084.00 2 3339.1001 4' Manhole 3339 10 EA 26 $4,000.00 104 000.00 3 3339.1002 4' Drop Manhole 33 39 10 EA 1 $4,800.00 $4,800.00 4 3339.1003 Extra Depth Depth Manhole ( > 6.0') 3339 10 VF 109 $175.00 $19,075.00 5 3331.3101 4" Sewer Service 33 31 50 EA 199 $650.0O $129,350.00 6 3301.0002 Post -CCTV Inspection 3301 31 LF 7 318 $2.00 $j4636.00 7 3301.0101 Manhole Vacuum Testing EA 27 $150.00 $4,050.00 8 3305.0109 Trench Safety LF 7,318 $1.00 $7,318.00 9 3305.0202 Cement Stabilized Backfill _330130 _330510 33 05 10 LF 200 $30.00 $6,000.00 10 3339.0001 Warren Manhole Liner 33 39 60 VF 83 $205.00 $17,015.00 TOTAL UNIT III: SANITARY SEWER IMPROVEMENTS $584,328.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS 110 42 43_Bid Propos.1O_DAP CommSIGNED (201a.09.27).ats Fonn \'onion S pkmb n 1, 2015 004243 DAP - BID PROPOSAL Page 4 of 8 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information i Bidder's Proposal Bidlist Item Description Specification No. Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IV: OFFSITE SANITARY SEWER IMPROVEMENTS 1 3331.4115 8" Sewer Main 1J31 20 LF 2,672 $46.00 $122,912.00 2 3305.1103 20" Steel Casing By Other Than Open Cut 33 0522 LF 389 $580.00 $225,620.00 3 3305.3002 8" Sewer Carrier Pipe 33 0524 LF 389 $60.00 $23,340.00 4 3331.4119 8" DIP Sewer Pipe 33 1110 LF 20 $62.00 $1,240.00 5 3331.4208 12" Sewer Pipe 33 11 10 LF 170 $72.00 k12,4000 6 3339.1001 4' Manhole 33 39 10 EA 10 $6,000.00 $60,000.00 7 3339.1003 Extra Depth Depth Manhole (>6.0') 33 39 10 VF 63 $175.00 $11,025.00 8 3339.1004 4' Shallow Manhole 3339 10, 33 EA 1 $5,000.00 $5,000.0') 9 3301.0101 Manhole Vacuum Testing 33 01 30 EA 11 $150.00 $1,650.0') 10 3301.0002 Post -CCTV Inspection 33 01 31 LF 3 251 $2.00 $6,502.00 11 3305.0109 Trench Safety 33 05 10 LF 2,862 $3.00 $8,586.00 12 3137.0104 Medium Stone Riprap, dry 31 3700 SY 54 $75.00 $4,050.0') 13 3339.0001 Warren Manhole Liner 33 39 60 VF 24 $205.00 $4,920.0') 14 3305.0112 Concrete Collar 33 05 17 1330510 EA 6 $500.00 $3,000.00 15 3305.0116 Concrete Encasement for Utility Pipes CY 5.0 $200.00 $1,000.00 TOTAL UNIT IV: OFFSITE SANITARY SEWER IMPROVEMENtS $491,085.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 01142 43_Bid PmposaIO_DAP Conalstt SIGNED (2018.09.271.x1s Farm Version September I, 2015 00 42 43 DAP- RID PROPOSAL Page 5 of8 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlisl Item No Description Specification Section No. Unit oil Measure Bid Quantity Unit Price Bid Value UNIT V: DRAINAGE IMPROVEMENTS 1 3341.0103 18" RCP, Class 111 33 4110 LF 332 $45.00 $14,940.00 2 3341.0201 21" RCP, Class III 33 4110 LF 653 $50.00 32 650.00 3 3341.0205 24" RCP, Class III 33 4110 LF 1068 $55.00 $58,740.00 4 3341.0208 27" RCP, Class III _ 33 41 10 LF 882 $60.00 $52,920.00 5 3341.0302 30" RCP, Class III 35 4110 LF 84 $70.00 $5,880 6 3341.0309 36" RCP, Class III 38 4110 LF 90 95.00 $8550 7 3341.0402 42" RCP, Class III 33 4110 LF 450 $115.00 $51 750.00 8 3341.0409 48" RCP, Class III 33 4110 LF 247 $145 $35,815.00 9 3341.0502 54" RCP, Class III 33 4110 LF 643 $165. $106,095.00 10 3341.0602 60" RCP, Class III 33 4110 LF 195 $195.00 - $38,025 11 3341.0701 72" RCP, Class III 33 4110 LF 150 $290.00 $43,500 12 3349.5001 10' Curb Inlet 33 4920 _ EA 17 $3,200 $54,400. 0 13 3349.5002 20' Curb Inlet 33 4920 EA 11 $5,200.00 $57,200 0 14 3349.6003 20' Recessed Inlet 33 4920 EA 2 $5,800 $11,600. 0 15 9999.0012 4' Drop Storm Junction Box 33 49 10 EA 5 $6,000.00 $30,000 0 16 9999.0013 5' Drop Storm Junction Box 33 49 10 EA 1 $7,000 $70110. 17 9999.0011 6' Drop Storm Junction Box 33 49 10 EA 4 8 000.00 $32 000.00 18 3349.0001 4' Storm Junction Box 33 49 10 EA 1 $5,000. $5 000.00 19 3349.0002 5' Storm Junction Box 33 49 10 EA 1 $6,000 $6 000.00 20 3349.0005 8' Storm Junction Box 33 49 10 EA 1 $9,000 $9,0 21 3349.7001 4' Drop Inlet 33 49 20 EA 1 $5,000.00 5 000.00 22 3137.0104 Medium Stone Riprap, dry 31 3700 SY 115 $75.00 $8,625 00 23 3137.0102 Large Stone Riprap, d 31 3700 SY 425 $85. $36.125.00 24 3305.0109 Trench Safety 30510 LF 4462 $1.00 $4,4 25 9999.0014 Outfall Weir Structure 00 0000 EA 1 $54,500.00 54 500.00 26 9999.0015 Concrete lined Channel 00 0000 SY 589 $72.00 $42.4 27 9999.0016 18" Sloping Headwall 00 0000 EA _ 8 2 000.00 _ $160 28 9999.0017 72" Sloping Headwall 00 00 00 EA 1 $8,500.00 $8,500.00 29 9999.0018 Rock Check Dam 00 0000 SY 177.6 $30.00 $53,280.00 TOTALV' R E IMPROVEMENTS _ $889,965.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 00 42 4l_Uid PmposalO_DAP Conalsa_SIGNED (21118.09.27).xls Fern, Version Scplember 1, 2015 01142 43 DAP - DID PROPOSAL Page 6 of 8 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist hem n No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price I Bid Value UNIT VI: PAVING IMPROVEMENTS 1 3213.0101 6" Conc Pvmt 32 13 13 SY 24,383 $33.00 $804,639.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 26 821 $2.7 $73,757.75 3 3211.0400 Hydrated Lime 32 11 29 TON 536 $175.00 $93,800.00 4 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 14 269 $2.00 $28,538.00 5 _ 3213.0301 4" Conc Sidewalk _ 32 13 20 SF 41,816 $3.00 $125.448.00 6 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA 16 $1,200.0 $19,200.00 7 3213.0504 Barrier Free Ramp, Type M-2 32 1320 EA 4 $1,500.0 $6,000.00 8 3213.0506 Barrier Free Ramp. Type P-1 32 1320 EA 13 $i200.00 A15600.00 9 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 24 $750.00 $18,000.00 10 3471.0001 Traffic Control 34 71 13 MO 1 $3,500.00 3 500.00 11 9999.0014 Install EOR Barricade 00 00 00 EA 8 $500.00 $4,000.00 12 9999.0015 Remove EOR Barricade 00 00 00 EA 3 $200.00 $600.0O, 13 9999.0016 Remove Temp Asphalt Turnaround 00 00 00 SY 286 $8.00 $2,288.00 14 0241.3017 Remove 30" Storm Line 24114 LF 78 $10.00 $780.00 TOTAL UNIT VI: PAVING IMPROVEMENTS $1A9 150.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS er 00 42 43_Did ProposalO_DAP Conalser_SIGNED (2018.09.27).xls Fonn Version Septemb1, 2015 (11)42 47 DAP - DID PROPOSAL Page 7 of g SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification j Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT VII: OFFSITE PAVING IMPROVEMENTS - AMBER RIDGE DRIVE 1 3213.0101 7" Conc Pvmt 32 13 13 SY 8 412 $38.00 $319,656.00 2 3211.0501 6" Lime Treatment 3211 29 SY 9,253 $3.00 $27,759.00 3 3211.0400 Hydrated Lime 3211 29 TON 185 $175.0O $32,375.00 4 3213.0506 Barrier Free Ramp, Type P-1 _ 32 13 20 EA 4 $1200.00 $4,800.00 5 3213.0501 Barrier Free Ramp, Type R-2 32 1320 EA 2 $1,400.00 $2,800.00 6 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 5,231 $2.00 $10462. 7 3217.2104 REFL Raised Marker TY II -C -R 1723 _ EA 105 $4.00 $420.00 8 3217.2102 REFL Raised Marker TY I -C 32 17 23 EA 22 $4.00 $88.00 9 3217.2103 REFL Raised Marker TY II -A -A 32 1723 EA _ 30 $4.00 $120.00 10 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 96 $30.00 $2,880 0 11 3217.0001 4" SLD Pvmt Marking HAS (W) 32 1723 LF 4,917 $2.00 $9,834 0 12 3217.0201 8" SLD Pvmt Marking HAS (W) 17 23 LF 448 $4.00 $1,792- 0 13 3217.0002 4" SLD Pvmt Marking HAS (Y) 32 1723 LF _2,205 $2.00 $4,410. 14 3471.0001 Traffic Control 34 7113 MO 1 $3,500.00 $3,500 15 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 2 $750.0O $1,500. 16 9999.0014 Install EOR Barricade 00 0000 EA 2 $500.00 $1,000. 17 9999.0015 Remove EOR Barricade 00 0000 EA 1 $200.0O $200.00 _ 18 .0241.1100 Remove Asphalt Pvmt 02 4115 SY 473 $8.00 $3,784. 19 3213.0301 4" Conc Sidewalk 32 1320 SF 31,334 $3.00 $94,002. TOTAL UNIT VII: OFFSITE PAVING IMPROVEMENTS - AMBER RIDGE DRIVE $521,382.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS I, 110 42 47_Bid PmposalO_DAP ConalserSIGNED (21119.119.27).xls Fonn Version Sepmnbnr 2015 00 42 43 DAP - BID PROPOSAL Page B of B SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description No. Specification i Section No. Unit of Measure Bid Quantity Unit Price 1:�.�d:V:alue::: UNIT VIII: OFFSITE PAVING IMPROVEMENTS - ACADEMY BOULEVARD 1 3213.0101 7" Conc Pvmt 32 13 13 SY 7,745 $38.00 $294,310.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 8,520 $3.00 $25,560.00 3 3211.0400 Hydrated Lime 32 11 29 TON 170 $175.00 $29,750.00 4 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 5,291 $2.00 $10582.00 5 3471.0001 Traffic Control 34 71 13 MO 1 $3,500.0') $3,500.00 6 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 2 $750.00 $1,500.00 7 9999.0014 Install FOR Barricade 00 00 00 EA 2 $500.00 $1,000.00 8 3213.0301 4" Conc Sidewalk 21320 SF 25,113 $3.00 $75,339.00 TOTAL UNIT VIII: OFFSITE PAVING IMPROVEMENTS - ACADEMY BOULEVARD $441,541.00 Bid Summary UNIT I: WATER IMPROVEMENTS $535,408.00 UNIT II: OFFSITE WATER IMPROVEMENTS $80,383.00 UNIT III: SANITARY SEWER IMPROVEMENTS $584,328.00 UNIT IV: OFFSITE SANITARY SEWER IMPROVEMENTS $491,085.00 UNIT V: DRAINAGE IMPROVEMENTS $889,965.00 UNIT VI: PAVING IMPROVEMENTS $1,196,150.75 UNIT VII: OFFSITE PAVING IMPROVEMENTS - AMBER RIDGE DRIVE $521,382.00 UNIT VIII: OFFSITE PAVING IMPROVEMENTS - ACADEMY BOULEVARD $441,541.00 Total Construction Bid $4,740,242.75 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided In the General Conditions. Company: CONA.✓.iiT R CONSTRUCTION TX, L.P. Signature: !°SrCA Title: roc Huggins, Pr ent END OF SECTION 250 calendar days after the date when the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 0042 43_Bid Pmposal0 DAP Conatser_SIGNED (2018.09.27).xl Pons Version September I, 2015s 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 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 "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Paving Improvements CONATSER CONSTRUCITON TX, L.P. 1 0 2pZ I 04/30/2019 Utility Improvements CONATSER CONSTRUCTION TX, L.P. The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CompanyName: (,p\Q,}5f Cprg -rPBY: -61X .%L 4AU4 J'in5 Address:j1 OI4,- t t- S i- j0Q* (Signature) TITLE: ,r a S I d tre-t DATE: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUAUFICATION STATEMENT - DEVELOPER AWARDED PROJECTS 00 45 12 Prequallfcatlon Statement 2015 DAP Form Version September 1, 2015 004526- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101317. 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: A1"t\ Company ' ' Address +OZk 1 nth t1y i 8 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT By: 2_ ° (\S (Please lthjI Signature: Title: QReSt dC - (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared (,V- 4A t 1r�rr,*kf1S , known to me to be the person whose name is subscribed to the foregoing ' strument and acknowledged to me that he/she executed the same as the act and deed of f 'Q Si a en t for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of _ Y____,20 q GEDDY TAPP tor' c� Notary Public, state of Texas Not ry . ublic in a r t e tate of Texas %•.%Qr'Q Comm. Expires 05-04-2022 Notary ID 13155672-4 END OF SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised April 2, 2014 005243-I Developer Awarded Project Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 1 - 10 19 is made by and between the Developer, 4 D.R. Horton -Texas, Ltd, authorized to do business in Texas ("Developer"), and 5 CppaJ5_(CQXquthorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Chapel Creek Phase 3 16 City Project Number: 101317 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Six Hundred Fifty Dollars $650.00 for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-2 Developer Awarded Project Agreement Page 2of4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of FOUR MILLION SEVEN HUNDRED FOURTY 40 THOUSAND TWO HUNDRED FOURTY TWO DOLLARS AND SEVENTY FIVE CENTS 41 ($4,740,242.75). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specjjIc) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act. omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 126 Contractor: Developer: By: I B (Si ire) (Signature) (Printed Name) Benjamin Clark Title(eslae Title: Assistant Vice President Corn any Name: D.R. Horton — Texas, LTD., a Texas Limited Con Con5hrvC-,on—+-�.,�.t- Partnership By: D.R. Horton, Inc., a Delaware Corporation, Its Authorized Agent Address: F73?'� l.�Dt Li�i 9f Address: 6751 North Freeway City/State/Zip:- 'i( "0 City/State/Zip: Fort Worth, Texas 76131 O --f9 1-22- (`f Date Date 127 CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 Bond No. 0222434 0062 13- 1 PERFORMANCE BOND Page I of 2 1 2 3 4 5 6 7 SECTION 00 62 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Conatser Construction TX, L.P. known as 8 "Principal" herein and Berkley Insurance Company , 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, D.R. 11 Horton — Texas, Ltd, authorized to do business in Texas ("Developer") and the City of Fort 12 Worth, a Texas municipal corporation ("City"), in the penal sum of, FOUR MILLION SEVEN 13 HUNDRED FOURTY THOUSAND TWO HUNDRED FOURTY TWO DOLLARS AND 14 SEVENTY FIVE CENTS ($4,740,242.75), lawful money of the United States, to be paid in Fort 15 Worth, Tarrant County, Texas for the payment of which sutra well and truly to be made jointly 16 unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 2017-191; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the Z'- day of -Ann vt G -✓7, 20 11, 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 CHAPEL CREEK PHASE 3. 26 NOW, TIIEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 00 62 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 duly authorized agents and officers on this the 2 Z day of 9 Swt.tta..- 2019 . 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: (Principal) Secreta tnes, a, to Principal PRINCIPAL: Conatser Construction TX, L.P. BY: Signature Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119 SURETY: Berkley Insurance Company Signature Robbi Morales, Attorney -in -fact Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 \k k* ______ Witilcssas Surety Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 Bond No. 0222434 006214-I PAYMENT BOND Page I of 2 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, L.P. , known as 8 "Principal" herein, and Berkley Insurance Company , a 9 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 10 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Developer, D.R. Horton — Texas, Ltd, authorized to do business in Texas "(Developer"), and the 12 City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of FOUR 13 MILLION SEVEN HUNDRED FOURTY THOUSAND TWO HUNDRED FOURTY TWO 14 DOLLARS AND SEVENTY FIVE CENTS ($4,740,242.75), lawful money of the United States, 15 to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 16 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number 2017-191; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the Z- Z day of G -.-y 20 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as CHAPEL CREEK PHASE 3. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 006214-2 PAYMENT BOND Pngc 2 of2 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 'Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 'Z Z day of 6-5-C,4- Ck d-� % ,20 ( 7 PRINCIPAL: Conatser Construction TX, L.P. 8 9 10 11 12 13 14 ATTEST: (Principal) Secrets Wi es a to Principal ATTEST: (Surety) Secretary \; O_1o_ Wit ss a to Surety BY: � i LO"A-- Signature Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth. TX 76119 SURETY: Berkley Insurance Company BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must he provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 Bond No. 0222434 006219-1 MAINTENANCE BOND Pagc I of 3 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, CONATSER CONSTRUCTION TX, L.P., known as "Principal" herein and Berk dy I nsurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, D.R. Horton — Texas, Ltd, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of FOUR MILLION SEVEN HUNDRED FOURTY THOUSAND TWO HUNDRED FOURTY TWO DOLLARS AND SEVENTY FIVE CENTS ($4,740,242.75), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 2017-191; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the Z2day of t, w.- ,20j, 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 CHAPEL CREEK PHASE 3; 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 CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 006219-2 MAINTENANCE BOND Pagc 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 CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED) PROJECTS 101317 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 2 Z day of �tn� tti 20jj. PRINCIPAL: Conatser Construction TX, L.P. BY: ZIJ17 Signature ATTEST: (Principal) Secret Wi a Principal A EST: (Surety) Secretary __ Witn ss as Surety Brock Huggins, President Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119 SURETY(: Berkley Insurance Company BY:I �lQ_ 7Yt Signature Robbi Morales, Attorney -in -fact Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT' WORTH CHAPEL CREEK PHASE 3 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 101317 Revised January 31, 2012 No. BI -7280h POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell; Vena DeLene Marshall; Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; Tina McEwan; or Joshua A. Saunders of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney -in -fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WI-IEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of Zo 1 Jam. Attest: Berkl ev Compan (Seal) By � By Ira . Ledei an 7Jefffter Executive Vice President & Secretary •esident WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD Sworn to before me, a Notary Public in the State of Connecticut, this Cµ day of Aug cr - IS_, by Ira S. Lederman and Jeffrey M. I latter who are sworn to me to be the Executive Vice Pre ' er t and Secretary„ i the Senior Vice President, respectively, of Berkley Insurance Comparf 1ARIA C. RUNDBAKEN / NOTARY PUBLIC /;� ."! / �� ` 1 -- !--/ i MY COMMISSION EXPIRES otary Public, State of Connecticut APRIL 30, 2019 CERTIFICA"I'E I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of AttomeZattadie-atthed4n full force and effect as of this date. Q Given under my hand and seal of the Company, this 'L Z day of (Seal) Mi Please verify the authenticity of the instrument attached to this Power by: Toll -Free Telephone: (800) 456-5486; or Electronic Mail: BSGinguiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety 412 Mount Kemble Ave. Suite 310N Morristown, Ni 07960 Attention: Surety Claims Department Or Email: BSGCIaim@berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety is a member company of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 310N Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionP_tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page I of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: D.R. Horton — Texas, LTD., a Texas Limited Partnership By: D.R. Horton, Inc., a Delaware Corporation, Its Authorized Agent 6751 North Freeway Fort Worth, TX 76131 FOR: Chapel Creek Phase 3 City Project No.: CP# 101317 Units/Sections: Water: 56008-0600430-101317-001580 Sewer: 56008-0700530-101317-001380 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM- DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.docv Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 2 of 3 "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Developer (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive Developer of the benefits of free and open competition. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Paving b. Utility c. Earthwork d. Lightning 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 calendar days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond (if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c. Proposal Form, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 f. Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre -qualification application (optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 4I 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 3013 bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid 240,659.06 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID 240,659.06 7. Bid Submittal This Bid is submitted on 8-09-18 by the entity named below Respectfully submitted, B: (Signature) Richard Wolfe (Printed Name) Title: President Company: Independent Utility Construction, Inc. Address: 5109 Sun Valley Dr, Fort Worth, Tx 76119 State of Incorporation: Texas Email: estimatimg@iuctx.com Phone:817-478-4444 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM - DEVELOPER AWARDED PROJECTS 004100 Bid Form — DAP.docx Form Revised April 2, 2014 004243 DAP - BID PROPOSAL Page 1 of I SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value UNIT IX: STREET LIGHT IMPROVEMENTS 1 3441.3301 Rd Ilium Foundation TY 1,2, and 4 3441 20 EA 34 $1231.00 $41,854.00 2 3441.3001 Rdwy Ilium Assmbly TY 1.4, and 6 31 41 20 EA 34 $2,173.54 $73900.36 3 2605.30152" CONDT PVC SCH 80(T) 26 05 33 LF 1807 $8.98 $16226.86 4 9999.0017 #10 Copper Cable 00 00 00 LF 1807 $3.16 $5,710.12 5 2605.0112 Install Elec SeryPedestal 26 05 00 EA 2 $5,318.00 $10,636.00 6 7 8 9 10 11 TOTAL UNIT IX: STREET LIGHT IMPROVEMENTS $148,327.34 UNIT X: OFFSITE STREET LIGHT IMPROVEMENTS 1 3441.3301 Rdwy Ilium Foundation TY 1,2, and 4 3441 20 EA 18 $1,231 .0( $22,158.00 2 3441.3001 Rdwy Ilium Assmbly TY 1,4, and 6 31 41 20 EA 18 $2,173.54 $39,123.72 3 2605.3015 2" CONDT PVC SCH 80(T) 26 05 33 LF 2500 $8.98 $2245000 4 3441.3404 2-2-2-4 Qua d lex Alum Elec Conductor 34.41 20 LF 2500 $3.44 $8,600.00 5 6 7 8 9 10 TOTAL UNIT X: OFFSITE STREET LIGHT I $92,331.72 Total Construction Contractor agrees to complete WORK for FINAL ACCEPTANCE within 160 calendar days after the date when the CONTRACT commences to run as provided In the General Conditions. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Vmion Sepimber I. 2015 0042 42_Bid Pmpoul0 DAP Indcyecdmt 004512 DAP PREQUALIFICATION STATEMENT Page I of I SECTION 00 45 12 DAP - PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work Type" box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Street Light Improvements INDEPENDENT UTILITY CONSTRUCTION, INC. 03/26/2019 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name:lndependent Utility Construction, Inc. BY: RI rd Wolfe Address: 5109 Sun Valley Dr Fort Worth, TX 76119 (Signature) TITLE: President DATE: 11-14-18 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT - DEVELOPER AWARDED PROJECTS 0O4S 12_Prequalification Statement 2O15_DAP Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101317. 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: Independent Utility Construction, Inc. Company 5109 Sun Valley Dr Address Fort Worth, TX 76119 Richard Wolfe lease Print) Signature: Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Independent Utility Construction, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this November .2018 1. I CHRISTINA GARCIA Notary Public, State of Texas %N9.?j Comm. Expires 12.20-2020 Notary ID 130940785 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 14th day of Public in and for the State of Texas CHAPEL CREEK PHASE 3 101317 005243 - Developer Awarded Project Agreement Page I of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on ii - I q - I is made by and between the Developer, 4 D.R. Horton -Texas, Ltd, authorized to do business in Texas ("Developer"), and 5 ("CONTRACTOR"), authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Chapel Creek Phase 3 16 City Project Number: 101317 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer Six Hundred Fifty Dollars $650.00 for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of TWO HUNDRED FOURTY THOUSAND SIX 40 HUNDRED FIFTY NINE DOLLARS AND SIX CENTS ($240,659.06). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents (project specific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) e. Maintenance Bond (DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-3 Developer Awarded Project Agreement Page 3 of4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in parts by any act, omission or negligence of the citty. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 005243-4 Developer Awarded Project Agreement Page 4 of 4 116 117 7.6 Authority to Sign 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 122 counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 125 Contractor: Developer: Independent-UtilityConstr etion Inc. By: By: (Sign re) (Signature) Richard Wolfe (Printed Name) Benjamin Clark Title: President Title: Assistant Vice President Company Name: Independent Utility D.R. Horton —Texas, LTD., a Texas Limited Construction, Inc. Partnership By: D.R. Horton, Inc., a Delaware Corporation, Its Authorized Agent Address: 5109 Sun Valley Dr Address: 6751 North Freeway City/State/Zip:Fort Worth, TX 76119 City/State/Zip: Fort Worth, Texas 76131 11-14- 1 Date Date 126 CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 2, 2014 0061 13 - I PERFORMANCE BOND Page I oft Bond No. 9848088 I SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction, Inc. , known as "Principal" herein and 8 Westfield Insurance Company , a corporate surety(sureties, if more than one) duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 10 are held and firmly bound unto the Developer, D.R. Horton — Texas, Ltd, authorized to do business 11 in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the 12 penal sum of, Two Hundred Forty Thousand, Six Hundred Fifty -Nine Dollars & Six Cents 13 ($240,659.06) lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas 14 for the payment of which sum well and truly to be made, jointly unto the Developer and the City as 15 dual obliges, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 CFA Number 2017-191 : and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer 21 awarded the )1 day of _NOVC',b€ r , 2018 which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 23 labor and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Street Light Improvements to serve Chapel 25 Creek Phase 3. 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Chapel Creek Phase 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101317 Revised January 31.2012 0061 13-2 PERFORMANCE BOND Page 2 of2 Bond No. 9848088 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 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 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 1q day of /Vo✓✓M L- , 20 i8 . ATT 'Witness as to Principal Christina Garcia 9QTh j,<4 Witnes s to Surety Elizabeth Gra PRINCIPAL: INDEPENDE i UTILITY CONSTRUCPhON. INC. ' Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMP BY: ignature Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Chapel Creek Phase 3 City Project No. 101317 006114-1 PAYMENT BOND Page I of 2 Bond No. 9848088 I SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction, Inc. , known as "Principal" herein, 8 and Westfield Insu_ ance Comp any , a corporate surety (or sureties if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer D.R. Horton — Texas, Ltd, authorized to I I do business in Texas ("Developer"), and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of Two Hundred Forty Thousand, Six Hundred Fifty -Nine Dollars & 13 Six Cents ($240,659.06) lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made jointly unto the Developer 15 and City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 conununity facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CFA Number 2017-191; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the I' day of /Vove,„Lxr , 20 j which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 23 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 24 said Contract and designated as Street Light Improvements to serve Chapel Creek Phase 3. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. CITY OF FORT WORTH Chapel Creek Phase 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101317 Revised January 31, 2012 0061 14-2 PAYMENT BOND Page 2 o12 Bond No. 9848088 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 3 4 5 6 7 8 9 10 11 12 13 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 tliis instrument by duly authorized agents and officers on this the Jj day of Ayew+be r , 201d�. (Prfnci Secretary itn ss as to Principal Christina Garcia ATTEST: (Surety) Secretary Frank A. Carrino Q Q, Witness s to Surety Elizabeth Gra PRINCIPAL: INDEPENDENT UTILITY CONSTRUCTI, INC. '"(__'" BY: Signature Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: gnat*re Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different fi-om 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 Chapel Creek Phase 3 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS City Project No. 1(11317 Revised January 31.2012 0062 19- I MAINTENANCE BOND Page I o13 Bond No. 9848088 I SECTION 00 62 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY TI-IESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we _Independent Utility Construction, Inc. , known as "Principal" herein and 9 Westfield Insurance Company , a corporate surety (sureties, if more than one) duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the Developer, D.R. Horton — Texas, Ltd, authorized to do 12 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 13 ("City"), in the sum of Two Hundred Forty Thousand, Six Hundred Fifty -Nine Dollars & Six 14 Cents ($240,659.06) lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made jointly unto the Developer and the City 16 as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 2017-191 ; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the H (lay of /Voee- ,20'?, which Contract is hereby referred to and 24 a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 25 labor and other accessories as defined by law, in the prosecution of the Work, including any 26 Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 27 provided for in said Contract and designated as Street Light Improvements to serve Chapel Creek 28 Phase 3; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship for and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 34 CITY OF FORT WORTH Chapel Creek Phase 3 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS City Project No. 101317 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 o13 Bond No. 9848088 2 3 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Chapcl Creek Phase 3 City Project No. 101317 006219-3 MAINTENANCE BOND Page 3 of 3 Bond No. 9848088 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 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the ) q day of A' evn bor, , 201g. ATTEST: (Surety) Secretary Frank A. Carrino c LJ M' Witness to Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTRUCT INC. BY: Sign ture Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: ignature Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano, Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 31.2012 Chapel Creek Phase 3 City Prnject No. 101317 IMPORTANT NOTICE To obtain information or make a complaint You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionp_tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARTNU I HIS SAML POWER # AND ISSUED PRIOR TO 04/20111, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies,"' duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D., 2011 . w.u{uq». Corporate ��fc• ; ```P��NA�.�NS�IISUp�" WESTFIELD INSURANCE COMPANY p,.• •�a G: .•• ••_ �./;=� WESTFIELD NATIONAL INSURANCE COMPANY Affixed v: wX. : ; o. .P _ '.E' OHIO FARMERS INSURANCE COMPANY •roI -F SEAL m_ =o:tER8EDa? �D A9Z ti k •' By: State of Ohio Richard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial „µNUN»„., r Seal ,.,.•�R\ A L S •, ` Affixed �P \\.. • William J. Kahelin, A rney at Law, Notary Public State of Ohio N o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: .T F o f I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do herebycertify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of • SEAL O. 2'-- 1 /1 Secretary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) IMPORTANT NOTICE To obtain information or make a complaint: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Piano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: : Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Piano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection-tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER Of- Al IORNEY SUPERCEUtS ANY PREVIOUS POwtK tbtMr<Ir•v rnlo o#1r c POWER # AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Al! Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX Its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the'.premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and Is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' 'Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.' (Each adopted at a meeting held on February 8, 2000). -In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D., 2011 . Corporate asU Seals ".tic +t� Affixed jt� V .ou S!x State of Ohlo County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY .<'CIt�RTEIRFDJ By. Richard L. Kinnaird, Jr., National Surety Leader and Senior Executive On thIs 20th day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides'.In Medina, Ohio; that he Is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. - Nolarial Seal e"'�t A L Affixed ,�? \\`ill/is�z'� Of1�. X19 L s William J. Kahelin, A�rney at Law, Notary Public State of Ohio Nr /O My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: 4 I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby. certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are In full force and effect. in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A -fl- - _ i •,�oaP.(µoNAL/4,SG� ,� `•:;C�.y. SEAL} SEAL /2tJf /'1 Secrrtaty Y ,r : 1848 .'�: Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 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 4w Nil *. I .n•.ni u. I.......wi.i. (iiil.s¼Il punt n ASCEof American Society National Society of Civil Engineers Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE FJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 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 xvww.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 w�v v.asce.ori Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org 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 I — Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 5 Article2 — Preliminary Matters......................................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6 2.02 Copies of Documents....................................................................................................................6 2.03 Commencement of Contract Times; Notice to Proceed............................................................... 6 2.04 Starting the Work..........................................................................................................................7 2.05 Before Starting Construction........................................................................................................ 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ..................................7 7 2.07 Initial Acceptance of Schedules....................................................................................................7 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 8 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents...................................................................9 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................10 Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands...................................................................................................................11 4.02 Subsurface and Physical Conditions...........................................................................................11 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities................................................................................................................13 4.05 Reference Points..........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance......................................................................................................................16 5.01 Performance, Payment, and Other Bonds...................................................................................16 5.02 Licensed Sureties and Insurers....................................................................................................16 5.03 Certificates of Insurance.............................................................................................................17 5.04 Contractor's Insurance................................................................................................................17 5.05 Owner's Liability Insurance........................................................................................................19 5.06 Property Insurance.......................................................................................................................19 5.07 Waiver of Rights.........................................................................................................................20 5.08 Receint and Annlication of Insurance Proceeds.........................................................................21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa2e i 5.09 Acceptance of Bonds and Insurance; Option to Replace............................................................21 5.10 Partial Utilization, Acknowledgment of Property Insurer..........................:...............................22 Article 6 — Contractor's Responsibilities........................................................................................................22 6.01 Supervision and Superintendence...............................................................................................22 6.02 Labor; Working Hours................................................................................................................22 6.03 Services, Materials, and Equipment...........................................................................................22 6.04 Progress Schedule.......................................................................................................................23 6.05 Substitutes and "Or-Equals".......................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................25 6.07 Patent Fees and Royalties...........................................................................................................27 6.08 Permits......................................................................................................................................... 27 6.09 Laws and Regulations.................................................................................................................28 6.10 Taxes...........................................................................................................................................28 6.11 Use of Site and Other Areas........................................................................................................28 6.12 Record Documents...................................................................................................................... 29 6.13 Safety and Protection..................................................................................................................29 6.14 Safety Representative.................................................................................................................. 30 6.15 Hazard Communication Programs..............................................................................................30 6.16 Emergencies................................................................................................................................ 30 6.17 Shop Drawings and Samples...................................................................................................... 31 6.18 Continuing the Work...................................................................................................................32 6.19 Contractor's General Warranty and Guarantee..........................................................................33 6.20 Indemnification........................................................................................................................... 33 6.21 Delegation of Professional Design Services...............................................................................34 Article 7 — Other Work at the Site...................................................................................................................35 7.01 Related Work at Site................................................................................................................... 35 7.02 Coordination................................................................................................................................ 35 7.03 Legal Relationships..................................................................................................................... 36 Article 8 — Owner's Responsibilities............................................................................................................... 36 8.01 Communications to Contractor...................................................................................................36 8.02 Replacement of Engineer............................................................................................................ 36 8.03 Furnish Data................................................................................................................................36 8.04 Pay When Due.............................................................................................................................36 8.05 Lands and Easements; Reports and Tests...................................................................................36 8.06 Insurance...................................................................................................................................... 36 8.07 Change Orders............................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..............................................................................................37 8.09 Limitations on Owner's Responsibilities...................................................................................37 8.10 Undisclosed Hazardous Environmental Condition....................................................................37 8.11 Evidence of Financial Arrangements..........................................................................................37 8.12 Compliance with Safety Program............................................................................................... 37 Article 9 — Engineer's Status During Construction.........................................................................................37 9.01 Owner's Representative.............................................................................................................. 37 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 9.02 Visits to Site................................................................................................................................37 9.03 Project Representative................................................................................................................. 38 9.04 Authorized Variations in Work.................................................................................................. 38 9.05 Rejecting Defective Work...........................................................................................................38 9.06 Shop Drawings, Change Orders and Payments.......................................................................... 39 9.07 Determinations for Unit Price Work..........................................................................................39 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39 9.09 Limitations on Engineer's Authority and Responsibilities........................................................39 9.10 Compliance with Safety Program...............................................................................................40 Article 10— Changes in the Work; Claims..................................................................................................... 40 10.01 Authorized Changes in the Work...............................................................................................40 10.02 Unauthorized Changes in the Work............................................................................................41 10.03 Execution of Change Orders.......................................................................................................41 10.04 Notification to Surety ..................................................................................................................41 10.05 Claims.......................................................................................................................................... 41 Article 11 — Cost of the Work; Allowances; Unit Price Work.......................................................................42 11.01 Cost of the Work...........................:.............................................................................................42 11.02 Allowances.................................................................................................................................. 45 11.03 Unit Price Work..........................................................................................................................45 Article 12— Change of Contract Price; Change of Contract Times...............................................................46 12.01 Change of Contract Price...............:............................................................................................46 12.02 Change of Contract Times..........................................................................................................47 12.03 Delays.......................................................................................................................................... 47 Article 13 — Tests and Inspections; Correction, Removal or Acceptance of Defective Work .......................48 48 13.01 Notice of Defects............................:............................................................................................48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections.................................................................................................................. 49 13.04 Uncovering Work........................................................................................................................ 49 13.05 Owner May Stop the Work.........................................................................................................50 13.06 Correction or Removal of Defective Work............................................................. ..............50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 Owner May Correct Defective Work.........................................................................................52 Article 14— Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title.................................................................................................... 55 14.04 Substantial Completion............................................................................................................... 55 14.05 Partial Utilization........................................................................................................................ 56 14.06 Final Inspection........................................................................................................................... 57 14.07 Final Payment.............................................................................................................................. 57 14.08 Final Completion Delayed.......................................................................................................... 58 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane iii 14.09 Waiver of Claims........................................................................................................................58 Article 15 — Suspension of Work and Termination........................................................................................59 15.01 Owner May Suspend Work.........................................................................................................59 15.02 Owner May Terminate for Cause............................................................................................... 59 15.03 Owner May Terminate For Convenience................................................................................... 60 15.04 Contractor May Stop Work or Terminate...................................................................................60 Article16— Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 Article17 — Miscellaneous.............................................................................................................................. 61 17.01 Giving Notice.............................................................................................................................. 61 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................62 17.05 Controlling Law..........................................................................................................:............... 62 17.06 Headings...................................................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace iv ARTICLE 1- DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 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. 11. Contract —The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane I of 62 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final, payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into 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. Engineer —The individual or entity named as such in the Agreement. 20. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division I of the Specifications. 22. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons 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. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 62007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed —A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or 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 O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 3 of 62 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 6 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 4 of 62 addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B 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: The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 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 does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C-700 Standard Gcncral Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. fage5 of 62 E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. F.JCDC C-700 Standard General Conditions of the Construction Contract CopyrightO2007 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paec 6 of 62 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation ofAuthorized 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. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn ,from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent • that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and. 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 15 of 62 H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1:-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5— BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 or 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any 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: with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright B 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 20 of 62 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any, loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06.have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change, the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; F.JCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 23 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the . Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ®2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 25 of 62 required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list .thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 26 of 62 Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copp right O2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 27 of 62 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws 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 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: I. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 28 of 62 by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Pfofessional Engineers for EJCDC. All rights reserved. Page 29 of 62 shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available. to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 30 of 62 required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C. 1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 32 of 62 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. _ EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 33 of 62 B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such. services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of. design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright©2007 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7- OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor. shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 62007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control 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 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 36 of 62 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9- ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or EJCDC C-700 Standard General Conditions of the Construction Contract • Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 37 of 62 continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor • to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and • are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 38 of 62 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 82007 National Society of Professional Engineers for EJCDC. All rights reserved. Pauc 39 of 62 exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data EJCDC C-700 Standard General Conditions of the Construction Contract Copyright a 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 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 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.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 -COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph l 1.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 42 of 62 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 43 of 62 said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 1 l .01.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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 44 of 62 limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I 1.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l .C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 1 1.01.A.1 and 1 1.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0 1.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 6 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 48 of 62 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: - 1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11 .A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: EJCDC C-700 Standard General Conditions or the Construction Contract Copyright O2007 National Society of Professional Engineers for EJCDC. All rights reserved. ' Page 50 of 62 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to •such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 51 of 62 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend .Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S2 of 62 Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B.- Review ofApplications: I. 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 E.ICDCC-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 53 of 62 involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page S4 of 62 D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; 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 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.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee SS of 62 final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until 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. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Page 56 of 62 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance , and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the • evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to 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 ofApplication and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying EJCDC C-700 Standard General Conditions of the Construction Contract Copyright' 2007 national Society of Professional Engineers for EJCDC. All rights reserved. Pape 57 of 62 documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 58 of 62 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to 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.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pare 59 of 62 so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 60 of 62 to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 61 of 62 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 62 of 62 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Rcvised• January 10, 2013 01 11 00- I SUMMARY OF WORK Page I of 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division I - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WOR'Ii I CI IAPEL CREEK PI IASE 3 STANDARD CONS'IRUC ION SPECIFICATION DOCUMENTS Revised December 20. 2012 011100-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTI-I CHAPE1. CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20. 2012 011100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Cl IAPEL CREEK PI IASE 3 S'I r\NDAIZD CONSIIZUC'I ION SPECIFICATION DOCUMENTS Revised December 20. 2012 013119-I PRECONSTRUCTION MEETING Page I of3 A 3 PART!- GENERAL 4 1.1 SUMMARY SECTION 01 3119 PRECONSTRUCTION MEETING 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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. Ifrecorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent cl. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH CHAPEL CREEK I'I IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17. 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 01 31 19-2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORM -1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 CHAPEL CREEK PI IASE 3 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] END OF SECTION 12 I Revision Log ] I DATE NAME I SUMMARY OF CHANGE 13 CITY OF FORT WORTI I CI IAPI:I. CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 013300-I SUBMITTALS Page I of 8 1 2 3 PART!- GENERAL 4 1.1 SUMMARY SECTION 01 33 00 SUBMITTALS 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division I — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTI I CT-IAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 013300-2 SUBMITTALS Page 2 of 8 I d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9 -character submittal cross - 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A -Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 %2 inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WOR"Ili CI-IAPEL CREEK PI-IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20, 2012 01 3300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8 -inch x 3 -inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 l) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH CI-IAPEL CREEK PhASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 013300-4 SUBMITTALS Page 4of8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 1. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than I hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTI-I CI IAPEl. CREEK I'I IASI: 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 013300-5 SUBMITTALS Page 5 of 8 I a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under I of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 01 33 00-6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than I resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20. 2012 CHAPEL CREEK PhASE 3 101317 01 3300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY of FORT WORTI I CI IAPEL CREEK PFIASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I)) 1317 Revised December 20, 2(112 01 3300-8 SUBMITTALS Page 8 of 8 I PART 2 - PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 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 CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20.2012 01 35 13 - I SPECIAL PROJECT PROCEDURES Page I of 8 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 35 13 SPECIAL PROJECT PROCEDURES 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 f. 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 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH CI [APEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments (NCTCOG) —Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation (TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines (more than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage -type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 35 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 8 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. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of I hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than I hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. TCEQ Air Permit 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. F. 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 G. Water Department Coordination CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 CHAPEL CREEK PHASE 3 101317 01 35 13 -4 SPECIAL PROJECT PROCEDURES Page 4 of 8 i 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTI I CI IAPEI. CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20, 2012 01 35 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers (USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes, but is not limited to, provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust, capture and properly dispose of waste water. 42 b. If wet saw cutting is performed, capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTI I CIIAPEL CREEK PRASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.4.B — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20. 2012 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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 Cl FY O1: FORT UWOR"I I I S FANDARD CONS"I RUC'nON SPL-CIFICA FION DOCUMENTS Revised December 20. 2012 Cl IAPEL CREEK I'! LASE 3 101317 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B 2 FORT WORTH Date: DOE NO. xxxx Project Name: 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) 3 4 OR MR. (CITY INSPECTOR) AT (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTII CI IAPLL CREEK I'I IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised December 20 20 12 0►4523-1 TESTING AND INSPECTION SERVICES Page I of2 I SECTION 01 45 23 2 TESTING AND INSPECTION SERVICES 3 PART!- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 1 I 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTII CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I 2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) I copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN"IS 101317 Revised July I, 2011 01 5000 - I TEMPORARY FACILITIES AND CONTROLS Page I of4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY 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. I) 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 I week before water for construction is desired CITY OF FORT WORTH CI IAPE1. CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised lull' I. 2011 01 5000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of4 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 Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH CHAPEL CREEK PI-IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I. 2011 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of4 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 loR] 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 WORTI I CI-IAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Re�-ised .lily I , 201 I 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4of4 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] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTI I CI-IAPI L CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised.Iuly 1.2011 01 5526- I STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I of3 1 SECTION 01 55 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART!- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division I — General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I. 2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH CHAPEL CREEK I'I IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I, 2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I, 2011 01 57 13- I STORM WATER POLLUTION PREVENTION Page I of 3 I SECTION 01 57 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division I — General Requirements 13 3. Section 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than I acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than I acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORM I CHAPEL CREEK I'I IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I 2011 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 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 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 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 I copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more 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 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OP FORT WORTI I CHAPEL CREEK PI IASE 3 S"I ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised July I. 2011 01 57 13-3 STORM WATER POLLUTION PREVENTION Page 3 of3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 14 IFS END OF SECTION Revision Log I DATE NAME I SUMMARY OF CHANGE CITY O1: FORT WORT l I Cl IAPIEL CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101317 Revised .luly I, 2011 01 6000-1 DAP PRODUCT REQUIREMENTS Page I of 2 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 60 00 PRODUCT REQUIREMENTS 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OP PORT WORTH CI IAPEL CREEK PRASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PRO.IIECTS 101317 Revised April 7. 2014 016000-2 DAP PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 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 CITY OF PORT WORTH Cl IAPI:L CREEK PIIASI- 3 STANDARD CONSTRUCTION SPI.CIPICAIION DOCUMENTS - DEVELOPER AWARDED PRO.II:C'I'S 101317 Revised April 7. 2014 0I 6600-I DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I of4 I SECTION 01 66 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division I — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORt H Cl LAPEL CREEK PRASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 016600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTi I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 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 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 thy if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101317 Revised April 7.2014 016600-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 4/7/2014 1 M.Domenech I Revised for DAP Application CITY OF FORT WORTH CI IAI'EL CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 017423-I DAP CLEANING Page lof4 1 SECTION 01 74 23 2 CLEANING 3 PART!- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH CHAPEL CREEK PI IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PRO.IECTS 101317 Revised April 7, 2014 017423-2 DAP CLEANING Page 2 of4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Cl IAPEI. CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 01 7423-3 DAP CLEANING Page 3 of4 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 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. 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 WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7.2014 017423-4 DAP CLEANING Page 4 of 4 END OF SECTION 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 3 CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101317 Revised April 7.2014 017719-1 DAP CLOSEOUT REQUIREMENTS Page ] of3 1 2 3 PART!- GENERAL 4 1.1 SUMMARY SECTION 01 77 19 CLOSEOUT REQUIREMENTS 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. 27 28 29 30 31 32 33 34 35 36 CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 I 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 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 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1. 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 loR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP INOT 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 I SUMMARY OF CHANGE 1 4/7/2014 1 M.Domenech I Revised for DAP Application CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED I'ROJEC"1S 101317 Revised April 7, 2014 01 78 23 - I DAP OPERATION AND MAINTENANCE DATA Page I of 5 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA 3 PART!- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division I — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 %2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 017823-2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 I d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3 -ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name ofr esponsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH CIIAPEL CREEK PhASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTI I CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DI:VEI.OPER AWARDED PRO.IECfS 101317 Revised April 7. 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 01 78 23-4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 017823-5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS INOT USED] 5 PART 3- EXECUTION [NOT USED] 6 7 8 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 —title of section removed 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH CIIAPI{1. CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 1(11317 Revised April 7.2014 01 7839- 1 DAP PROJECT RECORD DOCUMENTS Page I of4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 78 39 PROJECT RECORD DOCUMENTS 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORnn-I CHAPEL CREEK PI-IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 01 78 39-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, I complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City I complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES INOT USED] 27 2.4 SOURCE QUALITY CONTROL INOT USED 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of .lob Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTI I Cl lAPIEl. CREEK I'I IASE 3 STANDARD CONSTRUCTION SI'I CIFICATlON DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 I inch, the centerline of each run of items. I) 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 O1 FORT WORTH CHAPEL CREEK PHASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7, 2014 01 78 39-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 1 2 3 4 5 6 7 8 9 10 iL 13 14 15 16 17 18 19 20 21 22 23 24 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 IoR] 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 WORII I CHAPEL CREEK PI-IASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS 101317 Revised April 7. 2014 SECTION 02930 - SEEDING PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller B. Texas Highway Department: Standard Specifications for Construction, Item 164, "Seeding for Erosion Control" and Item 180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule After All Other Construction and planting is complete. SECTION 02930 - SEEDING -I- C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted 1.05 QUALITY CONTROL The contractor who plants the seeds, whether the general contractor or a subcontractor, is responsible for daily supervision of his crew, and for the planting and maintaining of seedlings until acceptable, viable growth is achieved and the project accepted by the City. PART 2— PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of availability shall be made only by the City at the time of planting. The Contractor shall notify the City, prior to bidding, of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Any adjustment of area location by the City shall be considered incidental and shall not entitle the Contractor to additional compensation. Weed seed shall not exceed ten percent (10%) by weight of the total of pure live seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native crass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name Purity 25 Bermuda (unhulled) Cynodon dactylon 85% 75 Bermuda (hulled) Cynodon dactylon 95% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium mulliUlorum 82% 40 Bermuda (unhulled) Ctvnodon claciylon 84% SECTION 02930 - SEEDING -2- Germination 90% 90% 80% 85% 2 Native grass seed — (to be used in open areas as specified) The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 1.6 Green Sprangletop Leptochloa dubia 5.5 Sideoats Grama* Bouteloua curtipendula 3.7 Little Bluestein* Schizachyrium scoparium 17.0 Buffalograss Buchloe dactyloides 1.8 Indian Grass* Sorghastrum nutans 0.5 Sand Lovegrass* Eragrostis trichodes 6.0 Big Bluestein Andropogon gerardii 8.0 Eastern Grama Tiripscacum dactyloides 1.2 Blue Grama Bouteloua grad/is 1.8 Switchgrass Panicznn virgatum 10.0 Prairie Wildrye* Elymus canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three (3) feet of a walkway. 3 Wildflower seed — (to be used in open fields as specified) All wildflower seeds are to be hand broadcast, (see 3.02,A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 3.0 Bush Sunflower Sinsia calva 5.0 Butterfly Weed Asclepias tuberosa 2.0 Clasping Coneflower* Rudbeckia amplexicaulis 3.0 Golden - Wave Coreopsis basalis 13.4 Illinois Bundleflower Desmanthus illinoensis 13.6 Partridge Pea Cassia fasciculata 2.0 Prairie Verbena Verbena bipinnatifida 8.0 Texas Yellow Star Lindheimeri texana 8.0 Winecup Callirhoe involcrata 2.0 Black-eyed Susan Rudbeckia hirta 18.0 Cutleaf Daisy Engelmannia pinnatifida 2.0 Obedient Plant Physostegia intermedia 3.0 Pitcher Sage Salvia azurea 2.0 Plains Coreopsis Coreopsis tinctoria 8.0 Scarlet Sage Salvia coccinea *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temporary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in this section. SECTION 02930 - SEEDING -3- B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten percent (10%) moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas - 100 pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas - 150 pounds of Nitrogen per acre. D. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1 -800 -777 -SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING -4- PART 3- EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling In all compacted areas till one inch (I") deep. If area is sloped greater than 3: 1, run a tractor parallel to slope to provide less seed/water run-off. In areas near trees: Do not till deeper than one half (1/2") inch inside "drip line" of trees. C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract by the Contractor by means of temporary metering / irrigation, water truck or by any other method necessary to achieve viable, acceptable stand of turf as noted in 3.04.B. of this specification. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied until such time 100% full growth coverage is achieved and one mowing cycle is performed by the Contractor and accepted by the Owner. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand I. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one (1") inch, remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. SECTION 02930 - SEEDING 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have germinated and have rooted in soil, (see 3.04.8.2.) and project has been accepted by the City. 3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE A. Includes initial seed and / or sod application and establishment, protection, replanting as necessary , maintaining grades and immediate repair of erosion damage until the project receives final acceptance. Refer to Part 2 — 2.01 — D. for watering requirements to be executed by the contractor. B. Initial full coverage turf establishment shall be considered as 100% grow in to a height of three (3") inches with a minimum of one mow cycle performed by the Contractor on all newly established areas prior to consideration of acceptance by the Owner.. C. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A "stand" shall be defined as: a. Bermuda/Rye grasses: See 3.04 B b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930 - SEEDING -6- 329343-I TREES AND SHRUBS Page I of 20 SECTION 32 93 43 TREES AND SHRUBS 3 PART!- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Tree and shrub ("plants") planting within street right-of-way and easements and 7 establishment requirements. 8 2. Tree removal and transplant is to be performed in accordance with Section 31 10 00 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract 13 2. Division 1 - General Requirements 14 3. Section 31 10 00 - Site Clearing 15 4. Section 32 92 13 - Hydromulching, Seeding and Sodding 16 5. Section 32 91 19 - Topsoil Placement and Finishing of Parkways 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Plant Tree 20 a. Measurement 21 1) Measurement for this Item shall be per each by caliper inch. 22 b. Payment 23 1) The work performed and materials furnished in accordance with this Item 24 and measured as provided under "Measurement" will be paid for at the unit 25 price bid per each tree to be planted by caliper inch. 26 c. The price bid shall include: 27 1) Furnishing, installing and establishing trees 28 2) Hauling 29 3) Grading and backfilling 30 4) Excavation 31 5) Fertilization 32 6) Water 33 7) Removing and disposing of surplus material 34 8) Maintenance and possible replacement during Establishment Period and 35 Warranty Period 36 9) Removal of Stakes prior to Establishment Period Inspection 37 2. Shrubs and Groundcover 38 a. Measurement 39 1) Measurement for this Item shall be per each. 40 b. Payment CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20. 2012 32 93 43-2 TREES AND SHRUBS Page 2 of 20 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under "Measurement" will be paid for at the unit 3 price bid per shrub and groundcover. 4 c. The price bid shall include: 5 1) Furnishing, installing and establishing shrubs and groundcover 6 2) Hauling 7 3) Grading and backfilling 8 4) Excavation 9 5) Fertilization 10 6) Water 11 7) Removing and disposing of surplus material 12 8) Maintenance and pessi-bIe replacement during Establishment and Warranty 13 Period 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this specification refer to the current reference standard 17 published at the time of the latest revision date logged at the end of this 18 specification, unless a date is specifically cited. 19 2. American National Standards Institute (ANSI): 20 a. ANSI Z60.1, American Standard for Nursery Stock 21 3. Hortus Third, The Staff of the L.H. Bailey Hortorium. 1976. MacMillan Publishing 22 Co., New York. 23 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 24 1.5 ACTION SUBMITTALS [NOT USED] 25 1.6 INFORMATIONAL SUBMITTALS 26 A. Tree data: Submit certification from supplier that each type of tree conforms to 27 specification requirements. 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE 31 A. Coordination 32 1. Coordinate with City Forester prior to beginning construction activities adjacent to 33 or that will impact existing trees and shrubs. 34 B. Qualifications 35 1. Landscaper specialized in landscape and planting work 36 C. Substitutions 37 1. Not permitted unless approved by City when specified planting material is not 38 obtainable 39 a. Submit proof of non -availability together with proposal for use of equivalent 40 material. 41 b. Substitutions of larger size or better grade than specified will be allowed upon 42 approval by City Forester, but with no increase in unit price. CITY OF FORT WORTH GMPOI MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO 02432. DOE NO. 7399 Revised December 20, 2012 329343-3 TREES AND SHRUBS Page 3 of20 1 1.10 DELIVERY, STORAGE, AND HANDLING 2 A. Do not remove container grown stock from containers before time of planting. 3 B. Delivery and Acceptance Requirements 4 1. Ship trees with Certificates of Inspection as required by governing authorities. 5 2. Label each tree and shrub with securely attached waterproof tag bearing legible 6 designation of botanical and common name. Tag must remain until throughout 7 Establishment period. 8 3. Use protective covering during delivery. 9 4. Deliver packaged materials in fully labeled original containers showing weight, 10 analysis and name of manufacturer. 11 C. Storage and Handling Requirements 12 1. Protect materials from deterioration during delivery, and while stored at Site. 13 2. Do not prune prior to installation. 14 3. Do not bend or bind -tie trees or shrubs in such manner as to damage bark, break 15 branches, or destroy natural shape. 16 1.11 FIELD CONDITIONS [NOT USED] 17 1.12 WARRANTY 18 A. Warranty Period: at all times after planting and for the duration of the Establishment 19 Period and for one year beyond the Establishment Period. 20 1. Warranty Period for Landscaping ends same time as warranty period for overall 21 project. 22 B. Contractor shall warrant plants against defects including: 23 1. Death 24 2. Unsatisfactory growth 25 3. Loss of shape due to improper pruning, watering, maintenance or weather 26 conditions. 27 PART 2- PRODUCTS 28 2.1 OWNER -FURNISHED PRODUCTS [NOT USED 29 2.2 MATERIALS 30 1. General 31 a. Plants shall be true to species and variety specified, grown under climatic 32 conditions similar to those in the locality of the project for at least 2 years and 33 have been freshly dug during the most recent favorable harvest season. 34 b. All plant names and descriptions are as defined in Horlus Third. 35 c. All plants are to be grown and harvested in accordance with the American 36 Standard for Nursery Stock. 37 d. Unless approved by the City Forester, plants shall have been grown in a latitude 38 not more than 200 miles north or south of the latitude of the project unless the 39 provenance of the plant can be documented to be compatible with the latitude 40 and cold hardiness zone of the planting location. CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20, 2012 32 93 43 -4 TREES AND SHRUBS Page 4 of 20 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 e. All plant materials must be approved by the City prior to purchasing materials. City may inspect nursery or ask for other documentation prior to acceptance of materials 2. Trees Acceptable Unacceptable a. Provide container grown trees which are straight and symmetrical and have persistently preferred main leader. See Figure I for reference. Figure 1: Main Leader b. Mark the tree's north orientation in the nursery for all deciduous trees grown in the field with a 1 -inch diameter spot of white paint on the tree trunk within the bottom twelve inches of the trunk. c. Crown shall be in good overall proportion to entire height of tree with branching configuration. Tree shall have crown height that is roughly 2/3 of the overall height. An acceptable tree shall not have the crown begin above half the height of the tree. See Figure 2 for Crown Height. For recommended height of trees refer to the tables in Section 2 of ANSI Z60.1 for type and species specified. CITY OF FORT WORTH STANDARD CONSTRUCTI( Revised December 20, 2012 RYSTREET IMPROVEMENTS i.IEC f NO. 02432. DOE NO. 7389 329343-5 TREES AND SHRUBS Page 5 of20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Figure 2: Crown Height d. Trees designated as balled and burlapped (B&B) shall be properly dug with firm, natural balls of soil retaining as many fibrous roots as possible, in sizes and shapes as specified in the American Standard for NurseiyStock. Balls shall be firmly wrapped with nonsynthetic, rottable burlap and secured with nails and heavy, nonsynthetic, rottable twine. The root collar shall be apparent at surface of ball. Trees with loose, broken, processed, or manufactured root balls will not be accepted, except with special written approval before planting. Burlap to be removed from top 1/3 of rootball when planted. e. Where clump is specified, furnish plant having minimum of three stems originating from common base at ground line. f. Measure trees by average caliper of trunk as follows: 1) For trunks up to 4 inches or less in diameter, measure caliper 6 inches above top of root ball. 2) For trunks more than 4 inches, measure caliper 12 inches above top of root ball. 3) Caliper measurements a) By diameter tape measure b) Indicated calipers on Drawings are minimum c) Averaging of plant caliber: not permitted g. Trees shall conform to following requirements: 1) Healthy 2) Vigorous stock 3) Grown in recognized nursery 4) Free of: a) Disease b) Insects c) Eggs d) Larvae e) Defects such as: (1) Knots (2) Sun -scald (3) Injuries (4) Abrasions (5) Disfigurement (6) Borers and infestations 3. Soil Products a. Topsoil: See 32 91 19. b. Peat moss and fertilizer: Use material recommended by City Forester for establishment of healthy stock after replanting. c. All planting beds to be top dressed with a minimum of 3" "Rustic Cut Hardwood Mulch" by Soil Building Solutions (or approved equal) and meet the following conditions 1) pH: 6.5-8.5 CITY OF FORT WORTI-1 GMPOI MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20, 2012 329343-6 TREES AND SHRUBS Page 6 of 20 I 2) It shall be free of man-made foreign matter, lumber, treated materials, 2 pallets, grass and leaves. 3 3) No particle size should exceed 3.5" in length. 4 d. All landscape bed areas to be prepared using "Ready to Plant Bedding Mix" by 5 Soil Building Solutions (or approved equal) and meet the following conditions 6 1) It shall be a mixture of 50% compost with 50% screened and weed -free 7 native soil and screened sharp sand. 8 2) 98.5% of the planting bed soil particles will pass through a 1/2 inch screen 9 and 99% or more shall pass through a 3/4 inch screen. 10 3) Color will be a medium brown with a weight of 1900-2250 lbs. per cubic II yard (depending on the moisture content.) 12 4) Install to depths per planting details (8" depth min.) 13 5) Finished grades of planting beds to be 2" below finished grade of adjacent 14 paving or as shown on grading plan. 15 4. Stakes and Guys 16 a. Provide minimum 8 -foot long steel T -stakes and 1 inch wide plastic tree chains. 17 b. Where applicable for anchoring trees, use wood deadmen: 18 1) Minimum: 2 -inch by 4 -inch stock 19 2) Minimum: 36 inches long and buried 3 feet. 20 3) Provide white surveyor's plastic tape for flagging tree guys. 21 5. Tree Wrap, Twine and Seal 22 a. Wrap 23 1) First quality 24 2) Bituminous impregnated tape 25 3) Corrugated or crepe paper, specifically manufactured for tree wrapping and 26 having qualities to resist insect infestation 27 b. Twine 28 1) Lightly tarred, medium -coarse sisal (lath) yarn 29 2) Do not use nails or staples to fasten wrapping 30 c. Seal: Commercially available tree wound dressing specifically produced for use 31 in sealing tree cuts and wounds 32 6. Water: clean and free of industrial wastes or other substances harmful to the growth 33 of the tree 34 2.3 ACCESSORIES [NOT USED] 35 2.4 SOURCE QUALITY CONTROL 36 A. Notify City, prior to installation, of location where trees that have been selected for 37 planting may be inspected. 38 B. Plant material will be inspected for compliance with following requirements. 39 1. Genus, species, variety, size and quality 40 2. Size and condition of balls and root systems, insects, injuries and latent defects CITY OF FORT WOR'lli GNiI'01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PRO.IECf NO. 02432. DOE NO. 7389 Revised December 20. 2012 329343-7 TREES AND SHRUBS Page 7 of 20 1 PART 3- EXECUTION [NOT USED] 2 3.1 INSTALLERS [NOT USED] 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION 5 A. General 6 Protect structures, utilities, sidewalks, pavements, and other facilities and turf areas 7 and existing plants from damage caused by planting operations. 8 B. Install erosion -control measures to prevent erosion or displacement of soils and 9 discharge of soil bearing. 10 C. Lay out individual tree and shrub locations and areas for multiple plantings. Stake 11 locations, outline areas, adjust locations when requested, and obtain Architect's 12 acceptance of layout before excavating or planting. Make minor adjustments as required. 13 D. Lay out plants at locations directed by Architect. Stake locations of individual trees and 14 shrubs and outline areas for multiple plantings. 15 E. Apply anti -desiccant to trees and shrubs using power spray to provide an adequate film 16 over trunks(before wrapping), branches, stems, twigs, and foliage to protect during 17 digging, handling, and transportation. 18 F. Water runoff or airborne dust to adjacent properties and walkways Schedule work so 19 that planting can proceed rapidly as portions of site become available. 20 G. Plant trees after final grades are established and prior to seeding or sodding. 21 H. When planting of trees occurs after seeding work, protect seeded areas and promptly 22 repair damage to seeded areas resulting from tree planting operations in compliance with 23 requirements of Section 32 92 13. 24 I. Layout individual trees at locations shown on Drawings. 25 J. In case of conflicts, notify City before proceeding with work. 26 K. Stake trees for City approval. 27 L. Preparation of Planting Soil 28 1. Before mixing, clean topsoil of roots, plants, sod, stones, clay lumps, and other 29 extraneous materials harmful or toxic to plant growth. 30 2. Strip and utilize 4 inch layer of top soil from existing ground. 31 3. Delay mixing of fertilizer when planting will not follow placing of planting soil 32 within 48 hours. 33 4. Incorporate amendments into soil as part of soil preparation process prior to fine 34 grading, fertilizing, and planting. 35 5. Broadcast or spread amendments evenly at specified rate over planting area. 36 6. Thoroughly incorporate amendments into top 3 or 4 inches of soil until 37 amendments are pulverized and have become homogeneous layer of topsoil ready 38 for planting. 39 3.4 INSTALLATION 40 A. Planting Area Establishment 41 Loosen subgrade of planting areas to a minimum depth of 6 inches. Remove stones 42 larger than I inch in any dimension and sticks, roots, rubbish, and other extraneous 43 matter and legally dispose of them off Owner's property. CITY OF FORT WORTII GNIP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20. 2012 329343-8 TREES AND SHRUBS Page 8 of20 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 1. Spread topsoil, apply soil amendments and fertilizer on surface, and thoroughly blend planting soil. Delay mixing fertilizer with planting soil if planting will not proceed within a few days. 2. Spread planting soil to a depth of 6 inches but not less than required to meet finish grades after natural settlement. Do not spread if planting soil or subgrade is frozen, muddy, or excessively wet. Spread approximately one-half the thickness of planting soil over loosened subgrade. Mix thoroughly into top 2 inches of subgrade. Spread remainder of planting soil. B. Finish Grading: Grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Roll and rake, remove ridges, and fill depressions to meet finish grades. Finish Grade shall be below finish grade of building for proper drainage away from building. 1. Before planting, obtain Architect's/ Engineer or City Agent acceptance of finish grading; Once that approval is granted then the Contractor may install the plantings. Please note any planting installed prior to finish grading approval are subject to rejection. Once plantings are installed restore planting areas if eroded or otherwise disturbed to finish grade. 2. Application of Mycorrhizal Fungi: At time directed by Architect's/ Engineer or City Agent, broadcast dry product uniformly over prepared soil at application rate indicated on Drawings. 3. This should be in planting installation section - Excavate pits, beds, or trenches with vertical sides and with bottom of excavation raised minimum of 6 inches at center for proper drainage. 4. Provide following minimum widths: a. 15 gallon containers or larger, 2 feet wider than diameter of root ball b. 1 and 5 gallon containers, 6 inches wider than diameter of root ball 5. When conditions detrimental to plant growth are encountered, such as unsatisfactory soil, obstructions, or adverse drainage conditions, notify City before planting. 6. Deliver trees after preparations for planting have been completed and plant immediately. 7. When planting is delayed more than 6 hours after delivery a. Set trees and shrubs in shade. b. Protect from weather and mechanical damage. c. Keep roots moist by covering with mulch, burlap, or other acceptable means of retaining moisture, and water as needed. 8. Lift plants only from the bottom of the root balls or with belts or lifting harnesses of sufficient width not to damage the root balls. Do not lift trees by their trunk as a lever in positioning or moving the tree in the planting area. CITY OF FORT WORTH GMP01 MONTGOMERY STRIFE f IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO 02432. DOE NO. 7389 Revised December 20, 2012 329343-9 TREES AND SHRUBS Page 9 of 20 1 9. Remove plastic, paper, or fibrous pots from the containerized plant material. Pull 2 roots out of the root mat, and cut circling roots with a sharp knife. Loosen the 3 potting medium and shake away from the root mat. Immediately after removing the 4 container, install the plant such that the roots do not dry out. Pack planting mix 5 around the exposed roots while planting. 6 10. Cut ropes or strings from the top of root balls and trees after plant has been set. 7 Remove burlap or cloth wrapping and any wire baskets from around top half of 8 balls. Do not turn under and bury portions of burlap at top of ball. Set balled and 9 burlapped trees in the hole with the north marker facing north. 10 11. Set root ball on undisturbed soil in center of pit or trench and plumb plant. 11 12. Place plants at level that, after settlement, natural relationship of plant crown with 12 ground surface will be established. 13 13. When set, place additional backfill around base and sides of ball, and work each 14 layer to settle backfill and eliminate voids and air pockets. 15 14. When excavation is approximately 2/3 full, water thoroughly before placing 16 remainder of backfill. 17 15. Repeat watering until no more water is absorbed. 18 16. Dish top of backfill to allow for mulching. 19 17. Mulch pits, trenches and planted areas. 20 All trees, shrubs and other plantings will be mulched with mulch previously 21 approved by the City Forester. The mulch on trees and shrubs shall be to the 22 depths shown on the drawing. Mulch must not be placed within 3 inches of the 23 trunks of trees and shrubs. 24 18. Provide 2 to 4 inch thickness of mulch, work into top of backfill, and finish level 25 with adjacent finish grades. 26 19. Cover entire root ball. 27 20. Prune 28 a. Plants shall not be heavily pruned at the time of planting. Pruning is required at 29 planting to correct defects in the tree structure, including removal of injured 30 branches, double leaders, watersprouts, suckers, and interfering branches. 31 Healthy lower branches and interior small twigs should not be removed except 32 as necessary to clear walks and roads. In no case should more than 1/4 of the 33 branching structure be removed. Retain the normal shape of the plant. 34 b. All pruning shall be completed using clean sharp tools. All cuts shall be clean 35 and smooth, with the bark intact with no rough edges or tears. 36 c. Except in circumstances dictated by the needs of specific pruning practices, tree 37 paint shall not be used. The use of tree paint shall be only upon approval of the 38 City Forester. Tree paint, when required, shall be paint specifically formulated 39 and manufactured for horticultural use. 40 21. Prune trees to retain required height and spread. 41 22. Do not cut tree leaders, and remove only injured and dead branches from flowering 42 trees. 43 23. Remove and replace excessively pruned or misformed stock resulting from 44 improper pruning. 45 24. inspect tree trunks for injury, improper pruning and insect infestation and take 46 corrective measures. CITY OF FORT WORTH GMPOI MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20, 2012 32 93 43- 10 TREES AND SHRUBS Page 10 of 20 1 25. Guy and stake trees immediately after planting. 2 26. 3 B. Moving Existing Trees 4 1. Coordinate tree moving and replanting with City Forester during dormant growth 5 season. 6 2. Provide tree spade of adequate size as directed by City Forester. 7 8 3.5 GROUND COVER AND PLANT PLANTING 9 A. Prior to installation mark all tree location and planting locations with paint and contact 10 the Architect's/ Engineer or City Agent for approval. Any plantings install without a 11 location approval will be subject to rejection by Agent and plantings may be required 12 to be replaced and relocated at no cost to the City. 13 B. City to inspect all plantings prior to installation. Contractor must schedule an 14 inspection with City Agent 10 business days prior to delivery. Any canceled 15 inspection will require minimum 3 business day notice for rescheduling. 16 C. Before planting, verify that root flare is visible at top of root ball according to ANSI 17 Z60.1. If root flare is not visible, remove soil in a level manner from the root ball to 18 where the top -most root emerges from the trunk. After soil removal to expose the root 19 flare, verify that root ball still meets size requirements. 20 D. Remove stem girdling roots and kinked roots. Remove injured roots by cutting 21 cleanly; do not break. 22 E. Set container -grown stock plumb and in center of planting pit or trench with root flare 23 2 inches above adjacent finish grades. 24 F. Use planting soil planting plan for backfill. 25 G. Carefully remove root ball from container without damaging root ball or plant. 26 H. Backfill around root ball in layers, tamping to settle soil and eliminate voids and air 27 pockets. 28 I. When planting pit is approximately one-half filled, water thoroughly before placing 29 remainder of backfill. Repeat watering until no more water is absorbed. 30 J. Place planting tablets in each planting pit when pit is approximately one-half filled; in 31 amounts recommended in soil reports from soil -testing laboratory. Place tablets beside 32 the root ball about 1 inch from root tips; do not place tablets in bottom of the hole. 33 K. Continue backfilling process. Water again after placing and tamping final layer of soil. 34 L. When planting on slopes, set the plant so the root flare on the uphill side is flush with 35 the surrounding soil on the slope; the edge of the root ball on the downhill side will be 36 above the surrounding soil. Need to provide a detail. See attached 37 M. Apply enough soil to cover the downhill side of the root ball. CITY OF FORT WORTH GMP0I MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20.2012 329343-1I TREES AND SHRUBS Page II of 20 1 3.6 REPAIR/RESTORATION [NOT USED] 2 3.7 RE -INSTALLATION [NOT USED] 3 3.7 FIELD QUALITY CONTROL 4 A. City may reject unsatisfactory or defective material at anytime during progress of 5 work. 6 B. Remove rejected trees immediately from site and replace with specified materials. 7 C. Plant material not installed in accordance with these Specifications will be rejected. 8 D. After planting and prior to the Establishment Period, the contractor is responsible for 9 all maintenance and work to be performed. The Contractor is responsible for any 10 landscaping items that die prior to the end of Establishment Period. 11 E. A Final Inspection shall be scheduled between the City and Contractor prior to 12 acceptance and the beginning of the Establishment Period for the landscaping. This can 13 be together or separate from the Final Inspection for the overall project, however should 14 be scheduled within one month of each other. A punch list will made of landscaping 15 items to replace. Upon completion of the punch list, the contractor shall submit in 16 writing that the punch list has been complete and is ready for the establishment period 17 to begin, email is acceptable. The establishment period shall begin upon written 18 confirmation from the City that the punch list is complete, email is acceptable, or 10 19 business days after Contractor has submitted completion of punch list in writing. 20 1. During the Establishment Period the contractor is responsible for all maintenance 21 and work to be performed. The Contractor is responsible for any landscaping items 22 that die during the Establishment period. 23 2. During the Establishment Period the following will be required: 24 3. General 25 4. 26 5. The Contractor shall furnish all labor, materials, supplies and equipment required to 27 establish, maintain, and protect the planted and seeded areas, for a one year plant 28 establishment period from date of acceptance of the initial planting operations. 29 However, maintenance activities shall commence immediately after each item is 30 planted or when areas have been seeded. 31 6. 32 7. The Contractor shall supply a maintenance schedule to the Engineer, thirty (30) 33 days prior to the landscape inspection. The Contractor shall also be responsible for 34 protection of his work during the maintenance period, and shall repair and replace 35 all materials and seeded areas damaged or destroyed within the scope of the Work, 36 regardless of cause. 37 8. 38 9. The Contractor's staff shall include supervisory personnel experienced in landscape 39 maintenance. The Work Force is to be experienced and familiar with maintaining 40 plant material in subarctic conditions. 41 10. Watering 42 II. CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20. 2012 32 93 43- 12 TREES AND SHRUBS Page 12 of 20 1 12. A proposed watering schedule shall be submitted to the Engineer thirty (30) days 2 prior to installation of plant materials. The Contractor shall deep water all trees and 3 shrubs, providing water penetration throughout the root zone to the full depth of the 4 planting pits. 5 13. 6 14. The Contractor shall deep water all trees and shrubs twice each week during the 7 maintenance period. Watering shall cease at first hard frost in the fall and shall 8 resume upon ground thaw in the spring. 9 15. 10 16. If at any time during the maintenance period weather conditions (such as extended 11 period with no rain or continuous drying winds) cause the plant root zone to dry 12 out, the Engineer may direct the Contractor to deep water all trees and shrubs. 13 Contractor shall provide supplemental watering immediately and at no additional 14 cost to the Municipality. 15 17. 16 18. Water application shall be applied at a rate that will provide moisture penetration 17 throughout the entire root zone with a minimum of water run-off. Should soil 18 conditions be encountered that are not conducive to water absorption, the 19 Contractor shall take whatever corrective actions that may be required to correct 20 this condition, without additional cost to the Owner. 21 19. Turf, seeded, bulb areas, and annual flower beds shall be watered at such frequency 22 as weather conditions require to maintain soil moisture within the root zone. When 23 establishing turf and seeded areas, the soil shall be watered often enough to 24 maintain a moist seedbed to promote healthy seed germination resulting in an even 25 and uniform coverage. If the Contractor does not provide adequate watering as 26 required by the Engineer, the Engineer will hire others to perform this task and 27 deduct costs from final payment to the Contractor. C. Pruning 28 20. 29 21. Pruning shall only be conducted for repair or as specified by the Engineer. Pruning 30 shall conform to ANSI 300 Standards and shall be done by a certified arborist. 31 Dead, broken, or damaged branches may be pruned at any time. Pruning for form 32 shall begin the year after installation. No tree shall be topped. Any tree damaged by 33 improper pruning shall be replaced by the Contractor. 34 22. D.Staking and Guying 35 23. 36 24. Stakes and guys, where used, are to be inspected and adjusted as necessary 37 throughout the maintenance period to prevent girdling of trunks or branches, and to 38 prevent rubbing that causes bark wounds. Damaged or missing tree stakes shall be 39 immediately replaced by the Contractor at no additional cost to the Owner. 40 Contractor shall remove staking after the first year, unless the Engineer requests 41 them to be left on longer. Unless otherwise specified, stakes shall be removed at 42 the end of warranty. 43 25. E. Plant Repair and Replacement 44 26. CITY OF FORT WORTH GNIP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PRO.IECT NO. 02432, DOE NO. 7389 Revised December 20.2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 329343-13 TREES AND SHRUBS Page 13 of 20 27. The Contractor shall repair/replace damaged plant materials, regardless of cause, immediately. If City Agent inspects site and notice dead plant material. The contractor shall have 7 business days to replace planting regardless of cause and then notify City of replacement for acceptance and inspection. The Contractor shall catalog all replacement as extended warranties may be required prior to Warranty Period inspection. Repair shall include pruning, guying, staking, etc., as necessary. Should repair of plant materials reduce their acceptance to less than minimum specified conditions, the Contractor shall replace plants with specified plant replacements at no additional cost to the Owner. 28. Fertilization 29. 30. If the construction or maintenance period extends into a second growing season, representative soil tests from the project site shall be taken by the Contractor and submitted to an approved testing lab for fertility testing and submitted to the City within 7 business days unless otherwise agreed upon by City Agent. The results of these tests and recommendations for fertilization and limestone application shall be provided to the Engineer and will be the basis for establishing required application rates. All necessary applications shall be completed 30 days prior to Establishment Period begins. 31. 32. Formulations will vary according to soil tests 33. G.Diseases and Pests 34. 35. The Contractor shall coordinate with the Engineer in the event that disease, invasive plant infestation, or pest problems are observed on plants within a Project area. The Contractor and the Engineer shall formulate an Integrated Pest Management program to control the disease, invasive plants, or pests. The IPM program can use biological, physical, cultural, mechanical, behavioral, and chemical methods to resolve the issue. Chemical pesticides are to be used only when other options are not feasible or effective. If pesticides are used, the least toxic pesticide to accomplish the task shall be used. 36. 37. The Contractor shall apply all materials in complete compliance with all State, Federal, and local regulations, and shall supply the Engineer written proof of their safety and acceptability by State, Federal and Local jurisdictions. 38. 39. In the event a "restricted use" pesticide is to be applied, the Contractor shall obtain appropriate permits and certifications (according to current Pesticide Control) from the State of Texas, governing entity. Proof of certification shall be transmitted to the Engineer prior to application of the chemicals. 40. H. Weeding 41. 42. The Contractor shall maintain all areas in a weed -free condition. Weed removal shall be a routine maintenance activity. 43. I. Cleanup CITY OF FORT WORTH GMP0I MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20, 2012 32 9343- 14 TREES AND SHRUBS Page 14 of 20 1 44. 2 45. The Contractor shall keep the project site clean and free of all trash and excess 3 equipment, materials, rubbish, including plant tags, wire, burlap, ribbon, and all 4 debris found within the Project limits, including all roads and trails utilized during 5 Construction. Cleanup will be one of the conditions to be met prior to acceptance 6 of landscape installation and Final Acceptance. 7 46. J. Other Tree and Shrub Maintenance 8 47. 9 48. To protect coniferous trees during the winter from excessive desiccation, apply an 10 anti -desiccant such as "Wilt-Pruf' (or approved equal) prior to the winter shut - 11 down period. Complete coverage of all foliage is required. 12 49. Inspection 13 50. 14 51. The Engineer shall make periodic maintenance inspections of the work. All 15 deficiencies noted shall be corrected within five (7) calendar days from written 16 notice, at no additional cost to the Owner. All delays beyond the five-day period 17 shall result in an equal number of days added to the one year plant establishment 18 period. 19 52. Article 2.5 Final Acceptance 20 53. A Final Acceptance Inspection of the project will occur after completion of the one 21 year plant establishment period. Conditions governing final acceptance of the 22 planted and seeded areas are that, in the opinion of the Engineer, all plants are in a 23 live, uniform, and sound and healthy and flourishing condition; free of disease, 24 insect infestation and physical damage, and free of weeds, rubbish and construction 25 debris. If the Engineer does not accept the improvements, the Contractor shall 26 correct all deficiencies until acceptance is received from the Engineer. All costs 27 associated with correcting the deficiencies shall be paid by the Contractor without 28 additional cost to the Owner. 29 54. Should required corrections not be made within thirty (30) days after the initial 30 Final Maintenance Acceptance Inspection, the Contractor shall be assessed 31 liquidated damages 32 55. Article 2.7 Basis of Payment 33 56. Payment for this Work shall be in accordance with Division 10, Section 10.07 - 34 Measurement and Payment, and shall include full payment for all Work described 35 in this Section. Payment for all trees, shrubs, and perennials includes payment for 36 the one year establishment period. Owner will pay the accepted quantity of trees, 37 shrubs and perennials after the Acceptance of Initial Planting Operations, based on 38 seventy percent (70%) of the Contract unit price for the respective pay items. 39 57. Owner will make two payments for the remaining thirty percent (30%) of the 40 Contract price. One-half of the remaining thirty percent (30%), fifteen percent 41 (15%), shall be paid halfway through the one-year plant establishment period. The 42 second half shall be paid upon Final Acceptance except as noted below. CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20, 2012 32 93 43 - 15 TREES AND SHRUBS Page IS of 20 1 58. If damaged trees, shrubs, and perennials are not repaired or replaced as required 2 within fourteen (14) days of written notice, the Engineer may replace or have 3 replaced the damaged items and deduct the cost of said repair or replacement work 4 from the remaining payments. The cost of said repair or replacement work is based 5 on receipts for replacement plants, shrubs, or trees plus ten percent (10%) 6 administrative markup. 7 F. An inspection to determine final acceptance will be conducted by City at end of the 8 Establishment Period. A punch list will be made of landscaping items to replace. Upon 9 completion of the punch list, the contractor shall submit in writing that the punch list 10 has been complete and is ready for the warranty period to begin, email is acceptable. 11 The warranty period shall begin upon written confirmation from the City that the punch 12 list is complete, email is acceptable, or 10 business days after Contractor has submitted 13 completion of punch list in writing. 14 1. During the Warranty Period the City is responsible for all maintenance and work to 15 be performed. The Contractor is responsible for replacement of any landscaping 16 items that die during the warranty period not caused by the following factors; lack 17 of water, lack of maintenance, impact from vehicle, severe weather. 18 G. Warranty periods provided for in paragraph 1.12A. 19 1. An inspection to determine project acceptance will be conducted by the City at the 20 end of the Warranty Period. A punch list will be made of landscaping items to 21 replace. Upon completion of the punch list, the contractor shall submit in writing 22 that the punch list has been complete and is ready for the warranty period to end, 23 email is acceptable. The warranty period shall end upon written confirmation from 24 the City that the punch list is complete, email is acceptable, or 10 business days 25 after Contractor has submitted completion of punch list in writing. 26 2. After Warranty Period has ended, the City accepts all maintenance, work and 27 responsibility for all Landscaping Items. 28 3.8 SYSTEM STARTUP [NOT USED] 29 3.9 ADJUSTING [NOT USED] 30 3.10 CLEANING 31 A. During planting work, keep pavements clean and work area in orderly condition. 32 B. Dispose of excess soil and waste in approved location. 33 C. Waste Material Disposal: On -site burning of combustible cleared materials shall not 34 be permitted. 35 3.11 CLOSEOUT ACTIVITIES [NOT USED] 36 3.12 PROTECTION 37 A. Protect planting work and materials from damage due to planting operations. 38 B. Maintain protection during installation and maintenance period. 39 C. Treat, repair, or replace damaged planting work. 40 3.13 ESTABLISHMENT 41 A. Establishment Period shall be 12 months after verification of satisfactory installation 42 of plants. CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO 7389 Revised December 20, 2012 329343-16 TREES AND SHRUBS Page 16 of 20 I B. During the Establishment Period if a work schedule and frequency are not shown on 2 the Drawings, perform the minimum requirements shown below: 3 1. During the Establishment Period the following will be required: 4 2. General 5 3. 6 4. The Contractor shall furnish all labor, materials, supplies and equipment required to 7 establish, maintain, and protect the planted and seeded areas, for a one year plant 8 establishment period from date of acceptance of the initial planting operations. 9 However, maintenance activities shall commence immediately after each item is 10 planted or when areas have been seeded. 11 5. 12 6. The Contractor shall supply a maintenance schedule to the Engineer, thirty (30) 13 days prior to the landscape inspection. The Contractor shall also be responsible for 14 protection of his work during the maintenance period, and shall repair and replace 15 all materials and seeded areas damaged or destroyed within the scope of the Work, 16 regardless of cause. 17 7. 18 8. The Contractor's staff shall include supervisory personnel experienced in landscape 19 maintenance. The Work Force is to be experienced and familiar with maintaining 20 plant material in subarctic conditions. 21 9. Watering 22 10. 23 11. A proposed watering schedule shall be submitted to the Engineer thirty (30) days 24 prior to installation of plant materials. The Contractor shall deep water all trees and 25 shrubs, providing water penetration throughout the root zone to the full depth of the 26 planting pits. 27 12. 28 13. The Contractor shall deep water all trees and shrubs twice each week during the 29 maintenance period. Watering shall cease at first hard frost in the fall and shall 30 resume upon ground thaw in the spring. 31 14. 32 15. If at any time during the maintenance period weather conditions (such as extended 33 period with no rain or continuous drying winds) cause the plant root zone to dry 34 out, the Engineer may direct the Contractor to deep water all trees and shrubs. 35 Contractor shall provide supplemental watering immediately and at no additional 36 cost to the Municipality. 37 16. 38 17. Water application shall be applied at a rate that will provide moisture penetration 39 throughout the entire root zone with a minimum of water run-off. Should soil 40 conditions be encountered that are not conducive to water absorption, the 41 Contractor shall take whatever corrective actions that may be required to correct 42 this condition, without additional cost to the Owner. CITY O!: FORT WORTTI GMI'01 MONTGOMERY STREET r IMPROVEMEN'IS STANDARD CONSTTZUC IION SPECIFICATION DOCUMENTS CITY PROJECT NO, 02432. I)OE NO. 7389 Revised December 20. 2012 32 93 43 - 17 TREES AND SHRUBS Page 17 of 20 1 18. Turf, seeded, bulb areas, and annual flower beds shall be watered at such frequency 2 as weather conditions require to maintain soil moisture within the root zone. When 3 establishing turf and seeded areas, the soil shall be watered often enough to 4 maintain a moist seedbed to promote healthy seed germination resulting in an even 5 and uniform coverage. If the Contractor does not provide adequate watering as 6 required by the Engineer, the Engineer will hire others to perform this task and 7 deduct costs from final payment to the Contractor. C. Pruning 8 19. 9 20. Pruning shall only be conducted for repair or as specified by the Engineer. Pruning 10 shall conform to ANSI 300 Standards and shall be done by a certified arborist. 11 Dead, broken, or damaged branches may be pruned at any time. Pruning for form 12 shall begin the year after installation. No tree shall be topped. Any tree damaged by 13 improper pruning shall be replaced by the Contractor. 14 21. D.Staking and Guying 15 22. 16 23. Stakes and guys, where used, are to be inspected and adjusted as necessary 17 throughout the maintenance period to prevent girdling of trunks or branches, and to 18 prevent rubbing that causes bark wounds. Damaged or missing tree stakes shall be 19 immediately replaced by the Contractor at no additional cost to the Owner. 20 Contractor shall remove staking after the first year, unless the Engineer requests 21 them to be left on longer. Unless otherwise specified, stakes shall be removed at 22 the end of warranty. 23 24. E. Plant Repair and Replacement 24 25. 25 26. The Contractor shall repair/replace damaged plant materials, regardless of cause, 26 immediately. If City Agent inspects site and notice dead plant material. The 27 contractor shall have 7 business days to replace planting regardless of cause and 28 then notify City of replacement for acceptance and inspection. The Contractor shall 29 catalog all replacement as extended warranties may be required prior to Warranty 30 Period inspection. Repair shall include pruning, guying, staking, etc., as necessary. 31 Should repair of plant materials reduce their acceptance to less than minimum 32 specified conditions, the Contractor shall replace plants with specified plant 33 replacements at no additional cost to the Owner. 34 35 27. Fertilization 36 28. 37 29. If the construction or maintenance period extends into a second growing season, 38 representative soil tests from the project site shall be taken by the Contractor and 39 submitted to an approved testing lab for fertility testing and submitted to the City 40 within 7 business days unless otherwise agreed upon by City Agent. The results of 41 these tests and recommendations for fertilization and limestone application shall be 42 provided to the Engineer and will be the basis for establishing required application 43 rates. All necessary applications shall be completed 30 days prior to Establishment 44 Period begins. 45 30. 46 31. Formulations will vary according to soil tests 47 32. G.Diseases and Pests CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7389 Revised December 20. 2012 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 32 93 43 - 18 TREES AND SHRUBS Page 18 of 20 33. 34. The Contractor shall coordinate with the Engineer in the event that disease, invasive plant infestation, or pest problems are observed on plants within a Project area. The Contractor and the Engineer shall formulate an Integrated Pest Management program to control the disease, invasive plants, or pests. The IPM program can use biological, physical, cultural, mechanical, behavioral, and chemical methods to resolve the issue. Chemical pesticides are to be used only when other options are not feasible or effective. If pesticides are used, the least toxic pesticide to accomplish the task shall be used. 35. 36. The Contractor shall apply all materials in complete compliance with all State, Federal, and local regulations, and shall supply the Engineer written proof of their safety and acceptability by State, Federal and Local jurisdictions. 37. 38. In the event a "restricted use" pesticide is to be applied, the Contractor shall obtain appropriate permits and certifications (according to current Pesticide Control) from the State of Texas, governing entity. Proof of certification shall be transmitted to the Engineer prior to application of the chemicals. 39. H.Weeding 40. 41. The Contractor shall maintain all areas in a weed-fi•ee condition. Weed removal shall be a routine maintenance activity. 42. I. Cleanup 43. 44. The Contractor shall keep the project site clean and free of all trash and excess equipment, materials, rubbish, including plant tags, wire, burlap, ribbon, and all debris found within the Project limits, including all roads and trails utilized during Construction. Cleanup will be one of the conditions to be met prior to acceptance of landscape installation and Final Acceptance. 45. J. Other Tree and Shrub Maintenance 46. 47. To protect coniferous trees during the winter from excessive desiccation, apply an anti -desiccant such as "Wilt-Pruf' (or approved equal) prior to the winter shut- down period. Complete coverage of all foliage is required. 48. Inspection 49. 50. The Engineer shall make periodic maintenance inspections of the work. All deficiencies noted shall be corrected within five (7) calendar days from written notice, at no additional cost to the Owner. All delays beyond the five-day period shall result in an equal number of days added to the one year plant establishment period. 51. Article 2.5 Final Acceptance CITY OF FORT WORTI I GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMIiN'fS CITY PRO.IECT NO 02432. DOE NO. 7389 Revised December 20. 2012 32 93 43 - 19 TREES AND SHRUBS Page I9 ot'20 1 52. A Final Acceptance Inspection of the project will occur after completion of the one 2 year plant establishment period. Conditions governing final acceptance of the 3 planted and seeded areas are that, in the opinion of the Engineer, all plants are in a 4 live, uniform, and sound and healthy and flourishing condition; free of disease, 5 insect infestation and physical damage, and free of weeds, rubbish and construction 6 debris. If the Engineer does not accept the improvements, the Contractor shall 7 correct all deficiencies until acceptance is received from the Engineer. All costs 8 associated with correcting the deficiencies shall be paid by the Contractor without 9 additional cost to the Owner. 10 53. Should required corrections not be made within thirty (30) days after the initial 11 Final Maintenance Acceptance Inspection, the Contractor shall be assessed 12 liquidated damages 13 54. Article 2.7 Basis of Payment 14 55. Payment for this Work shall be in accordance with Division 10, Section 10.07 - 15 Measurement and Payment, and shall include full payment for all Work described 16 in this Section. Payment for all trees, shrubs, and perennials includes payment for 17 the one year establishment period. Owner will pay the accepted quantity of trees, 18 shrubs and perennials after the Acceptance of Initial Planting Operations, based on 19 seventy percent (70%) of the Contract unit price for the respective pay items. 20 56. Owner will make two payments for the remaining thirty percent (30%) of the 21 Contract price. One-half of the remaining thirty percent (30%), fifteen percent 22 (15%), shall be paid halfway through the one-year plant establishment period. The 23 second half shall be paid upon Final Acceptance except as noted below. 24 57. If damaged trees, shrubs, and perennials are not repaired or replaced as required 25 within fourteen (14) days of written notice, the Engineer may replace or have 26 replaced the damaged items and deduct the cost of said repair or replacement work 27 from the remaining payments. The cost of said repair or replacement work is based 28 on receipts for replacement plants, shrubs, or trees plus ten percent (10%) 29 administrative markup. 30 C. 31 1. Water trees to full depth a minimum of once each week or as required to promote 32 and establish healthy, vigorous growth. Water other installed plants as required to 33 promote and establish healthy, vigorous growth. 34 2. Prune, cultivate, and weed plants as required for healthy growth. 35 3. Restore planting saucers. 36 4. Plumb leaning trees. Tighten and repair stake and guy supports, and reset trees and 37 shrubs to proper grades or vertical position as required. 38 5. Restore or replace damaged wrappings. 39 6. Spray as required to keep trees and shrubs free of insects and disease. 40 7. Remove all guys and staking prior to one year establishment final inspection. 41 8. Maintain all Chat/ DG/ Mulch or any other surface ground covers to depth specified 42 in the plans and specs at all times. 43 9. Maintain weed free beds. 44 10. Turf shall be maintained with a finished mower and mowed on a minimum 14 - 21 45 day mowing cycle unless otherwise specified by the City 46 11. Mow height shall be 3"-4" finish Mowers CITY OF FORT WORTH GMP01 MONTGOMERY STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432. DOE NO. 7399 Revised December 20. 2012 32 93 43 -20 TREES AND SHRUBS Page 20 of 20 1 12. Remove all trash and debris 2 13. Under treat and spray B(5) Contractor must identify any and all diseases and submit 3 to the City a treatment plan for review and approval. 4 14. Provide a copy of watering schedule to City monthly starting 60 days from the final 5 acceptance or punch list as established by the City. 6 15. The Contractor shall meet with City Inspector for a minimum of 4 inspections 7 during the year. 8 16. Contractor shall remove and replace any plant that does not survive installation or 9 which is dying or dies during the Establishment Period. Plants shall be replaced as 10 soon as it is determined by the City that the plant is no longer alive or is of such 11 doubtful condition that replacement is or will be required. Contractor is to maintain 12 replaced plants as described above until growth is established until the end of the 13 Establishment Period. Any replaced plant that dies after expiration of the 14 Establishment Period shall be again replaced by Contractor and/or Surety under the 15 Maintenance Bond. 16 17. Failure of Contractor to perform during the Establishment Period shall entitle the 17 City with hold payments or make demand on Contractor and/or its Surety under 18 either the Performance Bond or Maintenance Bond. 19 18. The Establishment Period and Warranty Period shall stay the same for all 20 Landscaping items at all times. The replacement of a Landscaping item may begin 21 a new Establishment Period or Warranty Period. 22 3.14 ATTACHMENTS [NOT USED] 23 24 25 26 27 28 29 30 31 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.1 .A — Payment Items removed for tree removal and transplantation; these Items are to be performed in accordance with Section 31 10 00. 12/20/2012 D. Johnson 3.13.A — modified maintenance period to begin 12 months after final acceptance 3.13.B — Modified maintenance period requirements CITY OF FORT WOR'l t -I GMP01 MONTGOMERY S'I'RI:IiT IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 02432, DOE NO. 7389 Revised December 20 2012 APPENDIX GC -4.01 Availability of Lands - None GC -4.02 Subsurface and Physical Conditions — Geotechnical Report Provided GC -4.04 Underground Facilities - None GC -4.06 Hazardous Environmental Condition at Site - None GC -6.06.D Minority and Women Owned Business Enterprise Compliance — Not Required GC -6.07 Wage Rates - Not Required GC -6.09 Permits and Utilities - Urban Forestry Permit GC -6.24 Nondiscrimination - None GR-01 60 00 Product Requirements - None CITY OF FORT WORTH CHAPEL CREEK PhASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised .luly I, 2011 GC -4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTI-I CHAPEL CREEK I'HASE 3 STANDARD CONSTRUCIION SPECIFICATION DOCUMENTS Revised July 1.201 1 GC -6.09 Permits & Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CHAPEL CREEK PRASE 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rcviscd lulu I. 2011 t (1 O (H (► (H U U U I-' U U L� L� U U U U U U ( U t.