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HomeMy WebLinkAboutContract 54705-PM1CSC No. 54705-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH LAKE VISTA RANCH PH 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102289 Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 Division 00 - General Conditions 5 00 11 13 Invitation to Bidders 6 00 21 13 Instructions to Bidders 7 00 41 00 Bid Form 8 00 42 43 Proposal Form Unit Price 9 00 43 13 Bid Bond 10 00 45 11 Bidders Prequalification’s 11 00 45 12 Prequalification Statement 12 00 45 13 Bidder Prequalification Application 13 00 45 26 Contractor Compliance with Workers' Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 00 61 25 Certificate of Insurance 17 00 62 13 Performance Bond 18 00 62 14 Payment Bond 19 00 62 19 Maintenance Bond 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 23 Projects 24 25 Division 01 - General Requirements 26 01 11 00 Summary of Work 27 01 25 00 Substitution Procedures 28 01 31 19 Preconstruction Meeting 29 01 31 20 Project Meetings 30 01 32 16 Construction Progress Schedule 31 01 32 33 Preconstruction Video 32 01 33 00 Submittals 33 01 35 13 Special Project Procedures 34 01 45 23 Testing and Inspection Services 35 01 50 00 Temporary Facilities and Controls 36 01 55 26 Street Use Permit and Modifications to Traffic Control 37 01 57 13 Storm Water Pollution Prevention Plan 38 01 58 13 Temporary Project Signage 39 01 60 00 Product Requirements 40 01 66 00 Product Storage and Handling Requirements 41 01 70 00 Mobilization and Remobilization 42 01 71 23 Construction Staking 43 01 74 23 Cleaning 44 01 77 19 Closeout Requirements 45 01 78 23 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 Technical Specifications which have been modified by the Engineer specifically for this 48 Project; hard copies are included in the Project’s Contract Documents 49 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH LAKE VISTA RANCH PH 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102289 Revised September 1, 2015 NONE 1 2 Division 02 - Existing Conditions 3 02 41 13 Selective Site Demolition 4 02 41 14 Utility Removal/Abandonment 5 02 41 15 Paving Removal 6 7 Division 03 - Concrete 8 03 30 00 Cast-In-Place Concrete 9 03 34 13 Controlled Low Strength Material (CLSM) 10 03 34 16 Concrete Base Material for Trench Repair 11 03 80 00 Modifications to Existing Concrete Structures 12 13 Division 26 - Electrical 14 26 05 00 Common Work Results for Electrical 15 26 05 10 Demolition for Electrical Systems 16 26 05 33 Raceway and Boxes for Electrical Systems 17 26 05 43 Underground Ducts and Raceways for Electrical Systems 18 19 Division 31 - Earthwork 20 31 10 00 Site Clearing 21 31 23 16 Unclassified Excavation 22 31 23 23 Borrow 23 31 24 00 Embankments 24 31 25 00 Erosion and Sediment Control 25 31 36 00 Gabions 26 31 37 00 Riprap 27 28 Division 32 - Exterior Improvements 29 32 01 17 Permanent Asphalt Paving Repair 30 32 01 18 Temporary Asphalt Paving Repair 31 32 01 29 Concrete Paving Repair 32 32 11 23 Flexible Base Courses 33 32 11 29 Lime Treated Base Courses 34 32 11 33 Cement Treated Base Courses 35 32 12 16 Asphalt Paving 36 32 12 73 Asphalt Paving Crack Sealants 37 32 13 13 Concrete Paving 38 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 39 32 13 73 Concrete Paving Joint Sealants 40 32 14 16 Brick Unit Paving 41 32 16 13 Concrete Curb and Gutters and Valley Gutters 42 32 17 23 Pavement Markings 43 32 31 13 Chain Link Fences and Gates 44 32 31 26 Wire Fences and Gates 45 32 31 29 Wood Fences and Gates 46 32 32 13 Cast-in-Place Concrete Retaining Walls 47 32 91 19 Topsoil Placement and Finishing of Parkways 48 32 92 13 Hydro-Mulching, Seeding, and Sodding 49 32 93 43 Trees and Shrubs 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH LAKE VISTA RANCH PH 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102289 Revised September 1, 2015 1 Division 33 - Utilities 2 33 01 30 Sewer and Manhole Testing 3 33 01 31 Closed Circuit Television (CCTV) Inspection 4 33 03 10 Bypass Pumping of Existing Sewer Systems 5 33 04 10 Joint Bonding and Electrical Isolation 6 33 04 11 Corrosion Control Test Stations 7 33 04 12 Magnesium Anode Cathodic Protection System 8 33 04 30 Temporary Water Services 9 33 04 40 Cleaning and Acceptance Testing of Water Mains 10 33 05 10 Utility Trench Excavation, Embedment, and Backfill 11 33 05 12 Water Line Lowering 12 33 05 13 Frame, Cover and Grade Rings 13 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 14 33 05 16 Concrete Water Vaults 15 33 05 17 Concrete Collars 16 33 05 20 Auger Boring 17 33 05 21 Tunnel Liner Plate 18 33 05 22 Steel Casing Pipe 19 33 05 23 Hand Tunneling 20 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 21 33 05 26 Utility Markers/Locators 22 33 05 30 Exploratory Excavation for Existing Utilities 23 33 11 10 Ductile Iron Pipe 24 33 11 11 Ductile Iron Fittings 25 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 26 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 27 33 11 14 Buried Steel Pipe and Fittings 28 33 12 10 Water Services 1-inch to 2-inch 29 33 12 11 Large Water Meters 30 33 12 20 Resilient Seated Gate Valve 31 33 12 21 AWWA Rubber-Seated Butterfly Valves 32 33 12 25 Connection to Existing Water Mains 33 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 34 33 12 40 Dry-Barrel Fire Hydrants 35 33 12 50 Water Sample Stations 36 33 12 60 Blow-off Valves 37 33 31 12 Cured in Place Pipe (CIPP) 38 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 39 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 40 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 41 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 42 33 31 22 Sanitary Sewer Slip Lining 43 33 31 23 Sanitary Sewer Pipe Enlargement 44 33 31 50 Sanitary Sewer Service Connections and Service Line 45 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 46 33 39 10 Cast-in-Place Concrete Manholes 47 33 39 20 Precast Concrete Manholes 48 33 39 30 Fiberglass Manholes 49 33 39 40 Wastewater Access Chamber (WAC) 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH LAKE VISTA RANCH PH 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102289 Revised September 1, 2015 33 39 60 Epoxy Liners for Sanitary Sewer Structures 1 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 2 33 41 11 HDPE Storm Sewer Pipe 3 33 46 00 Sub drainage 4 33 46 01 Slotted Storm Drains 5 33 46 02 Trench Drains 6 33 49 10 Cast-in-Place Manholes and Junction Boxes 7 33 49 20 Curb and Drop Inlets 8 33 49 40 Storm Drainage Headwalls and Wingwalls 9 10 Division 34 - Transportation 11 34 41 10 Traffic Signals 12 34 41 13 Removing Traffic Signals 13 34 41 20 Roadway Illumination Assemblies 14 34 41 30 Aluminum Signs 15 34 71 13 Traffic Control 16 17 18 Appendix 19 GC-4.01 Availability of Lands 20 GC-4.02 Subsurface and Physical Conditions 21 GC-4.04 Underground Facilities 22 GC-4.06 Hazardous Environmental Condition at Site 23 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 24 GC-6.07 Wage Rates 25 GC-6.09 Permits and Utilities 26 GC-6.24 Nondiscrimination 27 GR-01 60 00 Product Requirements 28 29 END OF SECTION 30 UTILITIES WATER, SANITARY SEWER, AND DRAINAGE OP 42 43 D;1P- E[D PROP06AL PnSe 1 of� 5ECTION 00 42 43 ❑evslaper Awardad Projects - PROPOSAL FORM UNIT PRICE BID Bidd�r's Application Project Item S�ifonnn[iosi Sid<ler's Proposal Bidlist Deam�iption Sa�ecificntirnfSe¢YiottNo. Unitof Hid UnitPrice BidVahSe ItemNo. Measui�e Qunntiry UNIT I: WATER IMPRQVEIu1ENTS � . ��a_�....�,�.._.....,�.,,�._.,.�_.__._.._ .,_a..�_�..,_�.m_.,,�w,..„,.._.,�.�.._.....�.,..�..�-�.,�.a,�:, ,........._,m»�..,..�.,�...�,,_. 'f 3311 0051 4 PVC WaterVPEpe ` . 3311 12 LF 699 $17 9i $12,515.09 s _.,.....__ �..,�_..... 2 3311 0261 8" PVC Wefer Pipe 33 11 12 LF 3159 $30 94 $97 739.46 .. ,.�.e_....,_..w .......... .......... ...,�_.�,_. .w._....._ ._..r.�:. , �. ,.�....� ......... . .......w : .�_..._ _ ._._...��w,........,_._ 3 3312 3D03 8" Gate Valve 33 12 20 EA 19 $'f 286 4Z $24,441.98 . _...,, . _�. __._. _._.� . _.. __.w _�... _. _ �.._.._.. ........ , _ _.__..�. , , ._...___ � _,..__.. 3312.30�3 8" Pressure VaEve{Assumes Same Mat 113pec as 5td GV 33 12 20 EA 1 $1,286.42 $1,286.42 .._.._..._..,.. _,_�. ..�, ...,M.�.�,.._ _m.._-..._..m_._._,.w.,_.ww._..,..�.w�....._.....y.....k��.__.m_ 4 3312.3002 6 Gate Valve 33 12 20 EA S $866.77 $4 343,85 _ . _...._.._.. 3312 30D1 4 Gate Valve 33 12 20 ��T ��`_� � M ^...��,. � � ....... �.._, .� a _..�_.._.,.mM,,.,. .... .,,.�..,..� w �,._,. ......,.,. � �.�.......��. �.,�,�.� ��.r EA `� $8'f 5.00 $3 260.00 _....-.._ �_�..........w.., ,�,....�... .. .,,...., m._ ____.����...�....µ. 5 3312AOQ9 Fire Hydra nt 33 12 AO EA 5 $2,953.57 $14,767.85 _ .�_.__...._.m,_-__.__.�._ _...._......�.,........� ....��. ..��. ...�.._.,.,.�. ...�.,_ ..�.�.,._.,_.,._ ....n,..�_..�._.___._ g 3312.2�03 1" WaferSernce y. LLp.,_ M, vV V^V� N^wV,N M, . 33 12 10 EA 97 $1,001.60 $97,i74.60 . .� ,. �.m..� �. ..�. _.w.._ ._. .,._._,M.,., <..,�.,..�._,..,. .......�...�......._.M __..w �m, � �._._w..� 7 3305 0109 Trench Safety 33 05 10 �F 3$56 $0.24 $925.92 $ 3311 �OD1 Ductfle Iron Water F�ttings wl Restraint 33 11 11 TON 3 � ..K ....� .,. , .�,.w,._.._ ,_.�._.,a .,�.w.,.�. w..�.�� __�.,�_�._ .r,. �,.�. M�,,.,� �.. . �,.�...... ,,.,._..�. �� �_, $5 544 35 .,�.,$165624.45 _ _.,,_,.w. .w..�.... to Exist€ng Water h!€ains 33 12 25 �A 3 $i61.68 $2,285.Q4 9 „ 3312.0117 Connect .....,.._,.,.. _ _..,__.. _.,_..._ -..._, ,.. , ,._..,.. _ ,,......,,_.,., _ , �,,...._,.. __ ._,,,.., �, .._.�, _.__,......... .. m._ . �,.. ...._. __ ,,.,. _,..., _,. , ....,... ,.,,. _._.....,. TOTAL UNIT I: WATER IMPROV�MEh1TS $275,368.26 l'13Y OF FQRT NOR7H 00 43-13 6FdPropaenl Lnke Vistn Rmzc6 Yh 5[lii]iti� STAi�1I7,AAD CONSTR[IC7ION SPECIFICATION [10C{J��ft+NTs � n6V13LqpF.R AWAROED PROT5CTS Lc�ke Visln R i�cli Phase 5 CPN 1022g9 Pmm Versimi Apci12, ^_Q1-0 oa �a ai nne - sm exoeos,u. rQ� s aea SECTIQN D4 42 43 ❑eveioper Awarded Projecks - PROPOSAL FORN! UNIT PRICE BID Bidder's Application Psoject Item Informe,tion Biddei's Proposel BidlisY Description SpecifiexFionSectionNo, Unitof B�d Lh1ktPrice BidValt�e 1temNa. Nfeanua Q�ntity UNIT If: SANITARY SEWER ]ENPRpVEMENTS � 3331,4115 $° 5ewer Pipe 3311 10, 33 31 92, 33 LF 35a0 $39.78 $139,230.00 .._ ., ,.,�....,��._..,_ _.�..,.,.. .�,�...,..,,.,.��.�,.,,.�.._.,..�.,�w..., ...w..�».,,....rt.�,..�.�_._.__.._�,_ _.....,,,��, ..._.,,w...,.m ....�...,....��...,..._,� ,..__..� Mw.�,.�,,,.�.,,�, .. ,. 2 3331 4116 8 Sewer Pips, C55 Backfll 33 11 10 33 31 12 33 LF 100 $43.22 $4,322.40 _. �.,_..__.__.._,_.. . . __ .�...._.. _...,._._.,,._.._._,__._....�._.,�,,.. ... ,........,..... 3 33313101 4 SewerService 333150 EA 47 $725.07 $70,331,79 ._ .__�.�_..a.__..o�...,.._..�,._.,�...w»,, �..,r�..�.�r..,, r....._.....�,.�.....,u.�._...W .._,�,.._. __ ._..._�_...._�,. ...........................�,.�.�...__.�_.x,..,� 4 3339 1 i01 A' Manhole 33 39 10, 33 39 2a EA 17 $4,961.14 $7Q,739.38 _. _ _._.___.. ._._.__--,___._._.,_._.____�._.. . . . _ , ._..,_„.. 5 347L06�1 Traffic Control 3471 13 MO 1 $547 5� $sa�.so .�,..,.M,.,,_.. ..�.�.�, �., w..».M _M.,, ,p...,,��.�.,,.�....,.. ...�........w�. .,....�.,,.,.,� ... .,M.,, �... �....�_ T. .�.e_�_.._�_..�_.�,,.,...,�_..,,wm 6 �330.0001 Concrete Encase Sewer Pipe 03 34 Otl CY 75 $96'1.98 $12146.50 ^ _.... .,.__.__,_.•-- , ___.___�___.� 7 3301 OOt72 Post CCTV lnspecfion 33 09 37 LF 3500 $1.58 $5,534.p0 m _.�_� .,a �,..�.. .. �,....�,.,_..��...�.,�_� .,_.e ,..,___.. _._�.._..�� ..:.,...n...��....�._._ �.�,,�,..,�,.».�.._._:.�. 8 3305.01fl9 Trench Safety 33 05 10 LF 350Q $q.82 $2,874.04 _. ._�..._._.____e.._ .. _�..w.__..__.. ...,�....,.,._. ...........�....._. � _,._. ,_�.��,..._ ,...__._.� _ ..,._.�.___ ___-._.„ .,...�w.._.�.�...... g 3301.0109 Manhole Vaauum Testing 33 Q1 30 EA 9fi $1D9.50 $1,752.04 . �.__.._..�._ .,....� ,�.. ..m. ...�._..�... ..,.� ..�...�._��.-. �r,.�..,......._........�.� _.,.,__... _,.,..__...,,.....,e...e..�.,. .._..�_W..,�......�.., 10 3339 1Q03 4 Extra Depth Manhole (aver 8) 33 391p, 33 39 20 VF 4 $121.D8 $484.36 __ , �_..,__.,_ _..__,e�.. ..�.. ._ ...._.. �_ ,,__.._._.._�_ .__ _. ._..,_. , _.... ._,.. ._�__. ._ _,...__. __�., _�. ___. �._. _...._ , .,. �._ ___.., _.,._ �'( 9999.00Q1 Connectto Ex. Main 03 BO �0 EA 3 $654.50 $1,963.5D TdTAL UNIT II: SANITARY SEWER 1NIPROVEMEN75 $309,9i9.03 CITYOF FORT WOR7H UO 42 A3 Hi�E Prnyusnl Iake VisW Pnnch Ph 5 iliillllzs STATI➢AAD CDN517LUC7IbN SPeCIFICw170N �oCiihlLN'�s - oSVELqpF.R ANARDED PROIECiS I.nke visin Rnncli Pl�nse S CPN 1U22d9 Pmm Vsryirn� Aps�l2, 2�14 tl0 42 43 DAP - 6ID PROP�SAL Pege 3 of 4 s�c7ioN oo az a3 aeveloper Awarded Prajects - PROPOSAL FORM UN[T PR10E BID Bidder's Appfication Projeci Item LiFormnfian Bidder's Prnpasal Bidiist Descriptiou SpeoiGaafionSectioni�Ia. Unitof B�� Ui�itPrice BidValue Itelx7No. Measura Quanti[y 11NIF Ili; DRAINAGE IMPROVEMENTS 1 3341.01C12 18" RCP, Class fl� 33 41 10 LF 106 $63.19 $6,698.14 �a,����..,.�..��we,,..._,.� _v__�.�,_.,w,...,.Mw.,..�..7...�....,_�,.�_,�..__,.. .,w�,M.F�,�,,...,_��.._ _�r�m._.�.�,_.a,._�,_.,�....,.�.....� „_ .. , 2 3341 0209 21" RCP, Class I!I 3341 90 E.P 25 $69.55 $1,73875 �_._„ � __.__._„ .._,.._„_ 3 3341 0205 24 hCP, Class Ill 33 41 16 E.p 535 $76 64 $41 402.40 .., w.....,.. ....._,....._....,.,� ._.. .,,_�,.�.�. w.._._... r...._.....�w.,w._...._s__.,,.p. : _.._._�....�_..�.. 4 3341.0208 27 RCP, Ciass III 33 41 10 l.F 644 $8'[.70 $52,614.86 _., __.._,...d_._ _..,.��.,�._ ___�..__._�._� 5 3341.0302 30 RCP, Class III 33 41 10 l.F 46 $124.91 $5 745.86 . ,�..M..�..,...�,.,..��w.., , _,,.m.... ....,.__ ._.��d,_..�,. ,�,.. ..,. .,,,.. �._ �..�_..�_�_...�.,.,,�..�,.,��..,�.�.�.,.�...V ._, �,._.�...... _..,�...._�..,._. ....,�... ,.. .....,w..� �. ....._n 6 3341A3d9 36" RCP, Ctass III 3341 16 LF 4'I $162.72 $6,571.52 ._. ____._.._.._W__.__...�_...�_.............._.� �.__.�._._._._ . .��.,_ ... _.,.__ W.......... ...�...M._.....__.� _.__.�.�is,�ii.a. 7 3349.0009 4`X4' Storm Junction Box 33 49 1 q EA 3 $5,037.40 0 _,...m..,, �m.� W.w.�.w,.�..,.w.�._.._...m...,.m�...�,w.,.,..� m....._...�.w...�..w ...�._w., ,�,�,_ �..,,�._,.M.M. ,_....�� __�m_�_ �.�.�...�.�.,. �A 14 S,36S.5� $76,1�mm,� 8 3349.5pD2 15' Cur6 Inlet 33 49 20 � 7.pq _. _ ._..,...�.,.. _,_.___,.. 9 33�50109 TrenchSafeiy ._ 330510 �'�__,..._........,.....LF.� ,.�.,1397 _.___,.._�...._____ __. _,_.. . ,...,�...,_.n.��...�.�.m - ,-.�,..�.,..�,,_ �,..�,.,, . �0.33 $481.D1 ..,_,..,,.....,,,_ ....:........._.,....._..,_... ..�... __. 7pTAl. UNkT III: �RAINAGE IMPROVMENTS $205,160.48 c17Y or FORT WORTH p0 d2 4� Hid Pra}wsnl I.�ke Visfa RancL ph S ll�ililizr STANnAADCONBTRU�TIONSI'ECIFICATIOMDOC[1MENTS-llL"VLLOPERAWAR�F�PR07EC73 Leka�fslnR:ivcliP6ase 5 cpN102239 Fomi Vexsiai April 2, 1014 00 42 43 DAP - BID PROPOSAL Pagc 4 ot4 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Pmposal Bidlist Description Specification Section No. Unit of B�d Unit Price Bid Value Item No. Measure Quanliry Bid Su��uoary UNIT I: WATER IMPROVEMENTS $275,368.26 UNIT II: SANITARY SEWER IMPROVEMENTS � u$309,919.03 UNIT III: DRAINAGE IMPROVEMENTS $205,160.48 Total Coustruction Bid� $790.447.77 Contractor agrees to complete WORK for FINAL ACCEPI'ANCE�witltio 50 working days after the date wheu the CONTRACT commeuces to run as provided in the General Conditions. END OF SECTION ��� s�a�t��� o� � 3 -I� -20 �� � �o3aY GoR� - EsiD�CrtT �,Irl, LAGY COMQ,ArIi� �'t� • ( g$ o C�tow���, # 1200 Rc.� S T� 7�2�`� � �� CITY OF FORT WORTH p0 42 43 Bid Pro posal Lake VisU Ranch Ph 5 Utililies STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJF.CTS Lake Vista Ranch Phase 5 CPN ]02289 Form Vasion April2, 2014 QO 45 12 DAP PREQUALIFICATION STATEM6N'C Pnge 1 vf 1 SECTZON QO 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to cornplete tl�e information below by identifying tlle �requalrfied contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work T,ype" box pro_v_ide_the_co�nplete major work__ ty,�e_and act«.al desc;ri�ation 1s nrovided by the Water Department for water and sewer and TPW for paving; Major Work Type ContractorlSubcontractor Company Name Preqtitali�ication Ex iratioii Date Water and Sewer Improvements L.H. LACY COMPANY, LTD. �4/30/2020 New Development Open Cut and Trenehes all sizes Stor�n Drain Improvemeiits L.H. LACY COMPANY, LTD 04/30/2020 The undersigned hereby certifies that the contractors andlor subcontractors descrtUed in the table above are currently preqY�ali£'ied for t�Ze work types listed. BIDUER: L.H. LACY COMPANY, LTD, I880 CRQWN ROAD DALLAS, TX 75234 I� .S.igi ature) TITLE: �� � � � sa-� DATE: � � � � �. � END OF SECTION cETr oF Faar woRrH STAN�AR� CONSTRUCTION PREQUALIFlCATION 57ATEMENT-- DEVELOPER AWAR�E� PROJECTS 00 45 12_Preq«alification 5tatement 2�15_bAP UtiEftles Form Versivn September 5., 2015 ooas2�_� CONTRACTOR COMPLIANCE W1TH WORKEK'S C�MiP�NSATION �,AW Page 1 oF 1 2 3 4 5 G 7 8 9 ro 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 2C 27 28 29 30 31 32 33 3� 35 3G 37 38 39 40 SECTION 40 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractar certifies that it provides worlcer's co�npensation ins►,ua�ce coverage for aII of its einployees eanployed on City Proj ect No. 102289. Contractor further certifies that, purs�ant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certi�cates o� compliance with wor%er's compensation coverage. CONTRACTOR: L.H. LACY COMPANY, LTD By: �'���� '���. C�c=r-�Ic��_ Company (P ease Print} 188Q CROWN DR. Signature: Address DALLAS, TX 75234 Title: �ti� �a r U� r'� -�' City/Stafe/Zip {Ple�se Print} THE STATE O�' TEXAS COUNTY OF TARR_ANT �, � �, � BEFORE ME, the �nder- igned �Lithority, on this day personally appeared ,� �-,���1 , k�iown to me to be the person whose name is subscribed the fore oing instruinent, an aelcnowledged to me t��t he/slze executed the s�une as �he act and deed of for the p�rposes and cons�deration therein �xpress�d and in t11 cap�.city tlierei ate . GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4'��'day of ��Jl�'�� , 200� �++...� r `<�PY�"�'B<'•• �RRE.E�E CONEY ::��'' .� : �*� My Natary I� # 10317301 Na iy Pubiic in a��d for t11� Statc of Tex `�''� ' 'E+�' Expires March 9, 2024 •,�.. '�,?e n�'t, .,. END O�' SECTION C1TY OF FORT W(7RTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RcvisedApril2, 2014 LAI�E V�STA RANCI[ Pi3A5E 5 CPN:102289 D05243-1 Developer Awarded Project Ag�ement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, auihorized oi1 3 S�� i Zo 2� is mnde by and betweer� ihe 4 Developer, authorized to do business in Texas ("Developer"} BNM LAKE VISTA 5 DEVELOPMENT, LP, ancl L.H. LACY COMPANY, LTD., authorized to do business in 6 Texas, acting by and through its di�ly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the ynutual covenants hereinafter set forth, agree as S follows: 9 Arficle 1. WORK l0 11 12 13 I4 15 1G 17 18 19 20 21 Contractor shall complete all Work �s specified or indicated in the Con�ract Docuz��ent� for the Projectidentified herein, Article 2. PRQJECT The project for r�vhich the Worlc under t11e Contract Documents znay be tlie whole or onIy a part is generally described as follows: LAKE VISTA RANCH PHASE 5 CITY PROdECT NO: 102289 FID NO: 30114-4200431-142289-E47G85, FILE NO: W�2667 Article 3. CONTRACT TIME 3,1 Time is of the essence, All tiine innits for Milestones, if any, and Firial Acceptance as st�ted in the Contract Docuinezats are of the essence to this Cozltr�ct. 22 3,2 �'inal Acceptauce, 23 The Worit wiIl be complete for Final. Acceptance within 50 W4RKI1�[,_,G DAYS after �1�e 24 date when the Contract Time conimences to riui as provided in Paragraph 12.04 of ihe 25 Standard City Conditions of the Constniction Contract for Developer Aw2rc�ed Projects. 26 3,3 Liquidated daillages 27 28 29 30 31 32 33 34 35 3G 37 Contractor recognizes that time is of tt�e essence of this Agrccincnt and that Developez wil� suffer financial loss if the Work is not completed witlun the times specified in Paragrapl132 above, p1u,� any extension thereof allowed i�1 accorciailce with Article 10 0� the Stand�rd City Conditions of the Coilstnictioii Contract for Developer Awlyded Projects. The Contractor also recognizes the c�elays, expense u�d difficulties involved iu proving in a Iegal proceeding the actual loss suffered by the Developer if the Work is not cori�pleted oz� tiine. Accordingly, instead oi requirillg a�ly such proof , Contractor agrees tl�at as lic�uidated cl�naees for delay (but not as a penalty), Contractor shall pay Developer �wa Nwndr�� . Dollars {$ 'LOb , o o� } far each day that expires after the tune specified in Paragraph 3.2 for Fiiial Acceptance u�l�il the City issues the �'inal Letter of Accepta�zce. CTTY OP FORT WORTFI LA� VTS'I'A 12APICH PHASE 5 STANDAI2D CONS'T1iLJCT'ION Sl'ECIFICATION DOCUMP,NTS -- DT.VELOPER AWARDED PA07ECTS CPN: 102289 IZevised June 16, 201G 00 52 43 - 2 Developer Awarded ProjecY Agreement Page 2 of 4 38 Arncle 4. CONTR.ACT PRiCE 39 Developer agrees to pay Contractor for perfomlauce of the Wor1c in accordance with the Contiract 40 Doculnents an amount in current funds of SEVEN HUNDRED NINETY THOU5AND FOUR 41 HLTNDRED FORTY SEVEN AND 771100 Dallars {$790,447.77). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 C�NTEN'F5: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractar concerning the Work consist of the £ollowing: 46 l. 'Fhis Agreement, 47 48 49 50 51 52 53 54 55 5G 57 S8 2. Attachmersts to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form {DAP Version} 2) Prequalification Statement 3) State and Federal docuinents (project apecific) b. Insurance ACORD Fonn{s) c. Payrnent Bond (DAP Version} d. Perfonna�lce Bond (DAP Versio��) e. Maintenance Bo1id (DAP Version) £. Power of Attorney £or the Bonds g. Worker's Compensa#ion Affidavit �. MBE andlo� SBE Com�nikmeilt Forna (I£required) S9 3. Standard City General Conditions of the Construction Contract for Developer 60 Aw�rded Projecfs. C1 4. Supplementary Conditions. 62 5. Specifications specifically made 1 part of the Contract Documents by atiachment G3 or, if riot attached, as incorporated by reference aiid described in the Table of 64 Conten�s of the Pro,ject's Contract Doci�inents, GS 6G 67 GS 69 70 71 72 73 74 75 6. Drawings. 7. Addenda. 8. Docurllenkation sltbnutted by Coi�tractor p;rior �o Notice of Award. 9. The following which i11ay be delivered or iss��ed aftcr the Effec�ive Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Nokicc to Procecd. b. �'ield Orde�-s. c. Change Orders. d. Letter of Fina1 Acceptance. CTTY QF FQRT WORTH T�AT{E VISTA A2A,NC�I PIIAS� � STANDARD CON57'RUC'FION S�'EC]FICATION DOCUMENT� — DEVELOPER AWARDF.D PRdJECTS CFN: 102289 Revised 7ui�e IG, 2016 005243 -3 Develaper Awotded Prvject Agreenient Paga 3 af 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 $7 88 $9 90 91 92 93 94 95 96 97 6.l ConEractor covenanEs and agrees to indemnify, hold har�t►less and defend, at its own expense, the city, its of�cers, servants and employees, from and against any and all claims arising ouf of, or alleged to arise o�t of, the work and services to be performed by the contractor, its officers, agents, employees, suiacontracEors, lice�ises or invitees under this contract. This indemni�cation prov'ssion is sueci�callv inrtended to onerate and be effective even if if is alle�ed or proven that all or some of the_dama�es bein� sou�ht were ca�sed, in whole o�• in �art, bv anv act, omissio❑ or ne�li�ence of the citv. This andemnity provisio❑ is intended to include, without limitation, �ndemniEy for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its of%cers, servants and employees, frorr� and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed Uy the contractor, its offcers, agents, employees, subcontractors, liceusees or invitees under this contract. This inde�t►ni�cation provision is specifically intended to operate and be effective eve❑ if it is a[le�ed or riroven that all or some of the damaees bein� sou�ht were caased, in .��._.. whole or in part, by an�y �ct, omxssxon or ne�li�ence of the c'rtv. Article 7. MISCELLANEOUS 98 7.1 Tenns. 99 Texms used in this Agreement are defined in Article 1 of the Stanclard City Conditions of 100 the Consi7'uction Contract for Developer Awarc�ed Projects. 101 72 Assigiunent of Contrlct. 102 This Agreeinent, including ali of the Contract Docuinents may not be assigned by tlie 103 Contractor without the advaneed express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developei and Contractor cach binds itself, its partners, sl�ecessors, asszgns aud legal 10C representatives to the other party hereto, in respect to all covenants, agreements a�d 107 obligations contained in the Contract Documents. 108 7.4 Severabifity. 109 Atiy provision or part of the Contract Doc�unents lield #o be unconstiiutional, void or 110 unenforceable by a cotirt of cotnpetent jt�risdictioii sha�l be deemed stricl�en, and al� 21 i rem�iniiig provisions s11a11 coiltim7e to be valid aiid bincling upon DEVELOPER ��id 1 i2 CONTRACTOR. 113 7.5 Goveming Law and V enue. 114 This Agreeinent, including ali of the Contract Docuinents is performable in the State of 115 Texas. Venue sha11 bc Tarrint County, Texas, or #hc United States Dist�'ict Coi�rt for ihe 116 Northern Distric� of Texas, �'ort Worth Division. CII'Y OF FOHT WORTH LAK� VI5TARANCII 1'�1SE 5 STANT?ARi7 CONSTRUCTION SP�CIFICATIUN DOCT_1iMENTS —T)kVELOPER AWARD�D PROJ�CTS CPH: 102i89 Revised Jv�e 1C, 2016 U05243-4 Developer Awnrded Project Agreement Page 4 af 4 117 118 7.6 AuthoriCy Co 5ign. 119 12fl 121 122 123 124 125 I26 Contractor shall attach ev�dence of authority to sign Agreement, if other t1�an dul� authorized signatary of the Contractor. IN WITNESS WHERE4�', Developer and Con�ractor h�ve executed this Agreement in mLiltiple coiinterparts. This Agreement is effective as of the last date signed by the Parties {"Effective Date") Contractor: L.Ho LACY COMPANY. LTI�. Developer: B "" (Sig ature} ���5�.� P,�.. �c���,,� (Printed Na�ne) Title: �(�.� ;�aa,-� Company Nazne: Actdress: 1880 CROWN DRFVE (Printed Name) Title: PRESIDENT Company naine: Address: 1 Q3 8 TEXAN TRAIL City/StatelZip; Cit /State/Zi ; DALLA , T 75234 ^ GRAPEVIN�, TEXAS 76Q58 `��1���� 3 16 Zo � Date Date 127 CITY OF FORT WORTH LAIC� VISTA 12ANC1� PHA5E 5 STANDARi] CpNSTA[ICTION SPECIFICATION DOCLTMENTS — I�EVk'T OPk;R A,WARUED PROJ�CTS CPN: � 02289 Revised .Tune 16, 2D16 B. NEL54N MITCHELL, JR. TWiS ENDORSEMENT CHANGES THE POLICY, PL,�AS� READ IT CAREFl1LLY. TEXA� CUNTRACT�R'S BLANKET AQD�iI�NAL IN�URED END4R�EMENT -- �ORM A Th�s endorsement modifies insurance provided under t�e following: COMMEi�CIAL GENERAI, LIABILITY COY��AG� PAFtT Pcficy Number Agency NurrYber Paliey Effecti�e bate CPI'2�675291 �01 �7fi5�3� 02lQt/202� Pnficy �xpirati�n Da#e �ate � Account iVumber Q210112021 2�Q 17633 Namad tn�ured Agency ��� Issuing Cbmpany � s L.H. LAGY COMPI#NY, LTD. BOWEN, MICL�7TL� & BRIT� AM�f2fSURE INSURANCE INSURANCE AGENCY, LLC COMPANY 7, �. SECTI�N !I - WHO iS AN lNSIfFtED is arriended to add as an additional insured any person o� organizaCion whom yau are required to acld as an additiona! insured on this poliey under a writian tonttact or written agreement re��ting to you� busine5s. b, The wr�tten cantracE ar written agreerrsent must: (1) Require additional insured 5tatus for a time period during the term of this policy; and {2) Be executed prior to the "bociify injury", 'properky damage", ar "personal and advertising injury" leading to a cfaim underthis poli�y. c. !f, howe�er; (1) "Yaur work" began under a[ett�r af intent or work order; and (2j The ieiter af in#ent or work order [ed to a written contract ar written agreemenk within 30 days of beginning s«eh work; and (3) Your customer's custamary contracts requ'sre persans or organizations to be named as additional insurads; we will provide additionaf insured status as speciffed in this endorsernent. Z, The insurance pravided under this �ndorsement is limited as foflows; a. That person or organization is an additional insured oNy with re5peet to Iiability caused, in wF��ie or in park, by: �7) Premises you; (aj �wn; (b) Rent; (c) Lease; or {dj C?eeupy; (Z) angaing operations perfarmed by you or on your behalf. �ngoing operations does not apply ta °bodily injury" or "property damage" oecurring after (a) AEf work t� be pe�forrned by you or on yaur beh�If Tnr the additional insuredis) at the site af the covered oper'ation5 is comp€ete, including r�lated maferials, p�Cts or equipment (other than selviCe, rr�ainten�nte or repairs); or {bj Tha� portion r�f "your work" o�ft of whi�h the ii�jury or darrsage arises is put to iks intended use by any p�r5on or organiZation other t�an another contractor working for a principal as a�art �sf the same proje�t. Inc[udes copyrighted material of Insur�nce Servites Office, Inc. CG 70 �5 '10 '15 P�ges '1 of 3 {3) Comple#ed operations co�erage, hut or�[y if; (a) The written co�tract or written agreerr�enk requir�s completed operations �overage or "your work" coverage; and (b) This co�erag� pat# provides toverage for "bodily injury" or "property damage" induded withirl the "producis-completed operations hazard". hlowever, the insurance afforded to such additionai insGred only applies to the extent permit�ed by law. b. If the Wri�ten conCract or written agreement; (1) Requ[res "arising out oF' language; or (2) ftequ�res you io provide additional insured coverage ta that person or organizaiion hy the use of eit�er or hoth of the fnElowing: {aj Additional fnsured �- 4wners, Lessees or Con#ractors — 5cheduled Person Or Organization endorsement CG 20 10 10 01; or (b) Additional Insured — 4wners, Lessees or Contractors — Compfeted Operations endorsement CC �0 37 10 07; then the phrase "caused, in whole or in part, by" in paragraph Z.a. abo�e is replaced by "arising out of'. c. If the written tontract or written agreemenk requires you to provide additional insured coverage #o that person or organszation by the use of: (1) Add'€tiona! Insured -- Owners, Lessees or Contractors — Scheduled Person Or Organization endorsemenf CG2010�704arCG2Q100413;or {zj Addition�f Insured -� Owners, Lessees or Contractors �- CbmpEeted Operations endorsement CC 20 37 07 04 or CG 20 37 04 13; or {3) Qoth those endorsements with either of those edition dates; or (4) Either or boEh of khe following: {a) Additional Insured — �wners, Lessees or CanCractors — Scheduled persan ❑r ❑rganizatian endorsement CG 20 30 withou# an edition date sPetifed; or (bj AdditionaG Insured — Owners, Lessees or Cantraciors — Comp�eted Operations �ndorsernenE CC 20 37 without an edition date sPecified; then paragraph Z,a. above applies. d, premises, as respects paragraph 2,a.(1) above, include commo� or public areas about such prem[ses if so required in the written contract or written agreement. e. Additiona] insured status provided under paragraphs 2os.('ij{b) or 2.a,(1)(c� above daes not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are thc least of those spEcified in the: (1) Written contract; (2} Written agreement; or (3) peclarations of this policy. The limi�s of insurance are inclusive of ancf not in addition ta the limit� of insurance shown in the Declar�tians, g. �he insurance pro�ided to the addit'ronal insured does nok apPly io "bod!{y injury°, "Praperty e�amage", or "personal and ativeriising injury" arising out of an archttect's, engineer's, or surveyor's rendering of, or fai�ure to re�der, a�y pro#essionaf services, fneluding but not limited to; (1 j'fhe preparing, approving, or failinc� to prepar� or approve: (a) Maps; (b) Drawings; (c} Opinions; Indudes copyrig�ted rnaterial of lnsurance Services affice, Inc, Pagezof3 CG7665i0"15 td? Re�arts; (ej 5urueys; (f} Change order5; (g) besign specification5; and (2) Supervisory, inspection, or engineering seruices, h. SECTION N— COMM�RC�AL G�NERAL LfABILITY CON�lTIONS, paragraph �4, Other Insurance is defeted and replaced with the following: a. Other fnsurance, Coverage provEded by this endorsement is excess o�er any ather valid and collecti6le insurance availa6le to the additional insured whet�er: a. Prir�ary; h. Excess; c. Contingent; or d, On any okher b�sis; but if t�e written contract or written agreemeE�t requires primary �nd nan-contributory caverage, this insurance wil) be Arimary and non-contributory relative to other insurance av�iiable to the additionai insured which �overs that person or organizatian as a I�ar�ed Insured, and we will not share wik� th�t other insurance, i. If the written contr�et or written agreem�nt as outlined above requires additional insured status hy use of CG 20 10 1�$5, then the ca�erage provided under this CG 70 8S endorsement does not apply excepk for paragraph �.h. Okher insurance, Additional insured status is limited to that provided by CG 20 74 71 SS shown 6elow and paragraph 2,h. Other Insurance shown above. A�DITIOMAL ENSUR�D A OWNERS, LESS��S OR CONTRACTORS {FORM B) This endarse�ent modifies insurance provid�d under thE foHowing: COMM�RCIAL G��JE�Ak. LIABII.I�'Y COVEFtRGE PART. SCH��UI,� Name af Person or Organizatian: Blan�et w�ere req+.iired 5y written tontract or writfen agreement Ehat t�e Eerms of CG �01011 85 �pply, (if no entry appears above, �nformation required to completa this �ndprsement wil� be showi� in the beclarations as applscabfe tp tl�is endarsement.) WHO 15 AN (NSUF��D (5ection II) is amended to include as an insured ihe person ar organization shown irr the Schedule. but or�ly with respect ko Siahility arising out of "your work" for that insured by or for you. CG ZQ 10 19 g5 Copyright, Insurance Services Of�ice, lnc., 19$4 j. The insurance provided tsy this er�dqrsement does not apply to any premises or worlc for whic� the person or organizatbn is speciFieafly listed as art additional in5ured on another endbrsement attached to this pof'tcy, Inc�udes copyrighted r�aEer[al of Insurance Services O�fice, lnc. CG 70 85 10 15 Pages 3 of 3 THIS EN�ORSEM�N� CHANG�S TH� PQLICY. PL�AS� REA� IT CAREFULLY� TEXAS C�NTRACTOR'S BLANKET ADDITi�NAL iNSUR�D ENDORSEMENT -� FORM A ihis endarsemer�t modifiies insuran�e provided ���der the foqovying: C�MM�RCIAL G�NERAL LIABIL,I7Y CaVERAGE PART PoNicy 1�wmber Agency Number � �o([cy Effect�de pate CPP2a67529110 � a765330 0210 � 1202Q Policy �xpiratj�n pate pate Account �lumber 021D 112021 20017633 Named Insured Agency �� Issuirrg Company�� � L.H. LACY COMPANY, LiD. BOWEN, MICLETTE � BRlTT AMEFiiSlJFiE I�I5�IF�ANCE INSURANCE AGENGY, LLC COMPANY 7, �. SECTIaN !f - WFIa i5 AN fNSl1RE� �s amended to add as an additiona! insured any person or organization whom you are required #o add as �n ac�ditiona! insured on this pality under a written contracfi or written agreem�nt refating to your bus'sness� 1�. The written contracf or written agreesrient must: ('1) Req�1'ire additional insur�d siatus for a time period during the t�rm of this policy; and (2) Be execufed prior to the "bodify injury", "propetty damage", or "persona� and advertis#ng injury" leading to a claim under this policy. c. ff, hqWever: ('1) "Your work"' began under a fetter of intent or work order; and (2j The lefter of intent or worf< order led to a written cantract or written agreement within 3p days of beginning such work; and (3j Your customer"s customary contracts require persons or organixations to 6e named as �dditional insureds; we will provide additionaf insured status �s specifed in this endorsement. 2. ihe insurance provided under this endorsement is limited as foliows: a. TF�ak persnn or organizativn is an additional insured or�ly with respe[t to liability caused, in whole or in par�, by: (1) Premises ya�i: (a) awn; (b} R�nt; (c} Lease; or (d1 Occupy; (2) C7r�going operations performed by you or on your behalf. Ongpinq qperations does not apply to "bodily injury" or "properky damage" occurrin� after: (a) Alf work to be performed k�y you or on your behalf for ihe addiFiona� insured(s) at �he site of the covered o�erations is comp�ete, incic�dirtg related materials, p�rts or equipment (other ihan service, maintenance or repairs}; or (6� ihat portion of "your work" out of which the injury or dart��ge arises is put to its intenc�ed use by any per'son or organization other than anofiher con#ractor working for a principaf as a parf of the same praJect. Inciudes capyrigl7ted materiaf �f Ins�rance S�rviCes OffiCe, Inc. CG 70 85 ti0 ti5 Pages 1 of 3 (3j Compleked operaiions eoverage, 6ut only if; (aj The written contract or wr€tten agreement requires completed operations coverage or "your work" coverage; and (b) This coverage part provides coverage for "`bodily injury" or "property damage" included wit�tin th� "products-completed operations haxard". I-lowever, the insurance afForded to such additional insured only �pplies Co the extent permitted by law. b, If the written contract ar wr�Cten agreement: (1) Requ�res "arising out of' fanguage; or (�j Req�ires you to provide additional insured coverage to tF��t person or organization by the use of either or both of the fol(owing; (a) Addittonal Insured — Owners, Lessees or Contr�ctors � 5cheduled Person Or Organization endorsement CG �0 �4 10 41; or (b} Additional Insure� — Owners, Lessees or Contractors — Comp4eted Operations endorsement CG 20 37 10 01; then khe phrase "caused, in whole or in part, by" in paragraph 2.a, above is replaced by "'arising out oP'. c. if t�te written contract or written agreemenk requires you to provide additional insured coverage to that person or organizat[on by tt7e use of: (1) AddiCionaf Insured � bwners, Lessees or Contractors — 5chedufed F'erson Or Organization endorseme��t CG 20 10 07 04 or CG 20 70 0� 13; or (2) Additional lnsured — Owners, Lessees or Contractors -� Completed Dperations endorsement CG 20 37 07 b4 or CG �0 37 p4 13; or (3) EiotF� those endorsemenfs with either of those edition dates; or (4) �'tther or both of tfie following: (a) Additinn�l lnsured — Owners, Lessees or Gontractors — 5cl�eduled Person Or Organization endorsement CG 2p 10 without an edition date specified; or �bj Additional lnsured — Owners, Lessees or Contractors — Completed Qperations �ndorsement CG 20 37 wikhout an edition date speCified; then paragraph 2.a. above applies. d, Premises, as respeds paragraph 2.a,(1} above, inelude common c�r pub�ic areas about such premises if so required in the written contraet or written agreement, e. Add'rtional [nsured status provided under paragraphs 2.a.(1)(b) or 2,a.(�)(c) a�ove does not extend beyond the end of a premises lease or rentaE agreement, f. T��e �imits of insurance that apply to tF�e additional '[nsured are tf�c feast of those spec+fied in the: (1) Written confiract; (Z} Written �greement; or (3) Declarations of this policy, The limits of insurance are incfusive of and r�ot in addition to the lirnits of insurance sF�own in tt�e Detlarations. g. The insurance Arovided to the additionaf insured does noE apply to "bodi�y injury", "proper#y damage", or "person�l and advertising injury" arising out of an architect's, engineer's, or surveyor's rend�ring o€, or failure to rende�, any professional services, including but not lirr�ited to; {1j Tt�e preparing, appro�ing, orfailrng to prepare or �ppro�e, (a) Maps; (b; Drawings; (c) Opinions; Includes copyright�d material of Insurance Serviees Off�ce, Inc, Page Z o€ 3 CG 76 $5 �0 15 (d) Reports; (e} 5urveys; {}} Change orders; (g) Design s�ecifications; and (2) Supervisory, inspectian, nt engineering se�vites, h. SECTiON IV — GOMM�RGEAL GEf�ERAL LIABIL.ITY CONDITIONS, paragraph 4. Oth�r Insurance is deleted and replaced with the following; 4. Ot�er insurance, Cover�ge prov�ded by this endorsement i5 excess over any other valid and callectible insurar�ce available to the additiona) insured whether: a, Primary; b: Excess; c, Conkinger�t; or d. �n any other basis; Uut if the written cantra�t or written agreement requires prirrsary and non-tontributary coverage, this insurance will be primary and non-Conkributory relative io other insuranCe avail�bl� to the additiona! insured which covers �hat person or organization as a Named lnsured, and we will rtot shate with that other insuranCe. i, If the written coniraCt pr written agreement as outlined above requires additiorial insured status by use of CG 20 14 �� 85, then khe coverage prov3ded under this CG 70 $5 endorsement cloes nat apply except for paragraph z.i�, pti�er insurance. Additiona{ insured status is !im'sted to that Arovided by CG 20 1D 11 85 shown �elow and paragraph 2,h. Other Insuran�e shown above. ADDlTIONAL fN5UFi�D - �WNERS, L�SSEES aR CpNTRACTORS (F�RM g) �Fhis endorser�enk modifies insurance provided under the foliowing; COMMERCIA� G�N�RAL LIABIi.I�Y CDV�RAGE P,qR7, SCH�DULE IVame of Per�qn or Organization: Blanket where tequired by written Con�ract or written agreerr�ent that the terms of CG 24 1 Q 1� a5 app3y. (if na er�try appears abave, information requirec! to complete this endorsement wili be shown in khe �eCiarations aS applicabfe to this endorsement.) WHO IS AM11 INSURED (5ection II) is amended to include as an insured the persor� or organization sF�own in the Sched�4e, but on4y with respect �o fsability arisirrg out of "your work" for khat insured by or for you. CG 20 70 19 85 C�pyright, Insurance ServiCes Office, inc., 'i984 j. 7he insurance providec� by th€s endorsemenf does not apply to any premises or work for which the person qr arganization is specifically listed as an additional in�ured on another endorsemenf attached to this poiicy. lncludes copyrighted materia# of irt5ur�nce Services Q�ce, InG, CG 7Q 85 70 �S F'ages 3 of 3 006213-1 PERFORMANC� SONp Page 1 of 2 2 3 4 5 6 Tx� sTaTE oa� TExAs SECTION 00 6213 FLRFORMANCE BOND Bond Na. 3326179 7 8 9 10 ri 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 COUNTY OF TARRANT § § KNOW ALL BY THESE PRESENTS: § That we, L.H. LACY COMPANY, I,TD., known as "Principal" herein and Great American Insurance Company ot New York , a corporate surety(Sureties, ii more than one) duly authorized to do business in the State of Texas, known as "5urety" herein (whethar ona or z�nore), are held and iirmTy bound unto the Developer, BNM LAK� VISTA DEV�I,OPM�+ NT, LP, autharized to do business in Texas ("Developer") and the City of Fort Worth, a Texas zriunicipal corparation ("City"}, in the penal sum of SEVEN HUNDRED NIIV�TY THQUSANA FOUR HLJNDRED FORTY S�VEN AND 77/X00 Doll�rs ($790,447.77}, lawful money of the United 5tates, to be paid in Fort Worth, Tarrant County, Texas for the payment of which surn well and tr�ly to be z�nade jointly unto the Developer and tlie City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severaily, firmly by these presents, WHEREAS, Developer and City have entered into an Agreement for the construction of coinmunity facilities in the City of Fort Worth by and thzough a Cominunity Facilities Agreement, CFA Number 2019-0154 : and WHEREAS, the Principal has entered into a certain vvritten contract with the Developer awarded the � g day of �� , 20 20 , which Contract is he�eby referted to and made a part hereof for all purposes as if fully set forth hexein, to furnish all materials, equipment labor and other accesso�ies defined by 1aw, in the prosecution of the Work, including any Change Qrd�rs, as provided for in said Contract designated as LAKE VISTA RANCH PHA�E 5. NOW, THEAEFORE, the condi#ion of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shail in all respects duly ar�d faithfully perform the Work, including Change Orders, undez'the Contract, according to the plans, specifications, and contract documents tk�erein referred to, and as we11 during any period of extension of the Contract that may be granted on the part of the Developer and/or City, then this obligatton shall be and b�come nu11 and void, otherwise to remain in full force and effect. PROV�D�D FURTHER, tk�at if a�y legal action be iiled on this Bond, venue shall lie in Tarrant County, Texas o:r the United States District Court for the Northern District of Texas, Fo�rt 35 Worth Division. CITY OF FORT WORTE3 LAK� V1STA RANCEI 5 STANDARD CITX CONDITIONS— DEVELOPER AVVtLltD�l7 PROJ�.CTS CPIQ: 102289 Revised 7anuery 31, 2U12 OU6213-2 PSRFORMANCE HOIdD Poge 2 af 2 1 This bond is made and executed in cornpliance with tkae provisions of Chapter 2253 of the 2 Texas Government Code, as axnended, and all liabilities on this bond shall be determined in 3 accordance wiih the provisions of said statue. 4 XN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED � �� 5 this instrument by duly authorized agents and of�'icers on this the �� day of 6 �� f1:�c.�� ^, 20 zo , 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 4b ATTEST; r (`y' cipai) Secretary -4---.n..�._.. Witness as to Principal � i �, Witness as to Surety Sus n �. Zapalowski PRTNCIPAL: L.H. LACY COMPANY, LTD. BY: "� 5ignatu� _ �.� �+., �-iE �e;,����:� �' 6"'d�'�.� �C�tiW�'� Nam and Title Address: 1880 CROWN DRIVE, Suite 1200 DALLAS, TX 75234 SURETY: Great American Insurance Cornpany of New York BY: d�'"' Signature Rita G. Gulizo, Aitorney-in-�act Name and Title Address: 301 E. Fourth Street Cincinnati, OH 45202 Telephone Number: (513) 369-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract frorn the by-laws showing that this person has authority to sign such obligation. Ii Surety's physical address is dif%reirt from its mailing address, Uoth must be provided. The date of the bond shall not be prior to the date the Contract is awarded. C1TY OF FORT WORTII LAKE'VTSTA RANCII 5 STANDARD CITY CONDITIONS — DE'VELOPER AWARULU PROJECTS CPN: 102289 Revised 7anuary 31, 20I2 046214-1 PAYMENT BOND Paga 1 of 2 1 2 3 4 5 6 7 8 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 14 �ond No. 3326179 PAYMENT BOND § § KNOW ALL BY THESE PRESENTS: § T'hat we, L.H. LACY COMP,ANY, LTD., known as "Principal" herein, and Greaf American Insurance Company of New York , a corporate surety (or sureties if 9 more #lian one), duly authorized to do business in txie State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the Developex, BNM LAKE VISTA 11 DEVELOPMENT, LP, authorized to do business in Texas "(Developer"), and the City of k'ort 12 Worth, a Texas municipal corporation {"City"}, in the penal sum of SEVEN HLTNDRED 13 NINETY THOUSAND FOUR HUNDRED FORTY S�VEN AND 77/100 Dollars 14 (�790,447.77) lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for the payment of which sum we11 and truly be made jointly unto the Developer and the 16 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 17 assigns, jointly and severally, fit�zily by these presents: 18 19 24 WHEREAS, Developer and City have entered into an Agreement for the construction of comrnunity facilities in the City of �ort Worth, by and through a Community Facilities Agreement, Ck'A Number 2019-0154 ; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the �� day of � Qt' 20 2D , which Contract is hereby referred 23 to and made a paz-t hereof for all purposes as if fully set forth herein, to furnish all matet-ials, 24 25 26 equipment, labor and other accessories as def ned by lavv, in the pzosecution of the Work as provided for in said Contract and designaked as LAKE VISTA RANCH PHASE 5. NOW, THERERORE, THE CONDITION OF THIS �BLIGATION 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 beco�ne null and void; otlierwise to remain in full 30 force and effect. CITY OF FORT W dRTH STAIVDARD CITY CONDiTIONS — DEVELOPER A'�rVARDED PR07ECTS Revised 7anua�y 31, 2012 LAKE VISTA RANCEI PHASE 5 CPN: 102289 006214-2 PAYMENT SONA Page 2 of 2 2 3 This bond is made and executed in compliance wzth the provisions of Chapter 2253 of the Texas Government Code, as amended, and a11 Iiabilities on this band sha11 be determined in accordance with the provisions of said statute. 4 IN WITNE�S WHEREOF, the Principal and Surety have each SIGNED and SEALED �� 5 ihis instrument by duly auihorized agents and afficers on ilus the �`� day of 6 ��.� ,2020 � ATTEST: PRINCIPAL: L.H. LACY CQM�ANY, LTD. BY: Signature ti. �� . ��sszi�. " �fi:.��s[�' �( Na:tx�e and Titl Address: 1$80 Crown Drive, suita �200 Dallas. Tx 75234 � { ' cipal) Secretary � Witness as to Principal ATTEST: � � �� (Sill�ety��kk£@�r Su n D. Zapalowski, Witness SURETY: Great American Insurance Company of New York BY: - � Signature Rita G. Gulizo, Attorney-in-Fact Na:tx�e and Title Address: 301 E. Fo�rtn streei ' Cincinnati, OH 45202 ,�� �.; ���.: �Vitm.ess as SUTety �inger Thomas 8 9 10 11 12 13 14 Telephone Number: (��3) 3ss-5000 Note: If signed by an officer of the Sure�y, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Suzety's physical address is diffexent from its mailing address, both zzzust be provided. The date of the bond shall not be prior to the date the Contract zs awarded. END OF SECTION CITY OF PORT WORTH LAKE VIS7'A AANGI�1 PHAS� 5 STAAiDARD GITY CONAITIOIVS -- DEVELOPER AWARDPD PR07ECT5 CPN: 102289 Revised 7anua�y 31, 2012 406219-1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 60 6219 Bond No. 3326179 MAINTENANCE BOND § § KNOW ALL BY THESE �RESENTS: § 8 That we , L.H. LACY COMPANY. LTD„ knowzz as "Principal" herein and 9 Great American lnsurance Company of New York , a corporate surety (sureties, if rnoie 10 than one) duly authorized to do business in the State of Texas, knovcrn as "Surety" herein 11 (vcrhether one or rnore), are held and frmiy bound unto the Developer, BNM LAKE 12 VISTA DEVEL4PMENT, LP, authorized to do business in 7'exas {"Developer") and the City 13 of Fort Worth, a Texas municipal corporation ("City"), in the sum of SEVEN HUNDRED 14 NINETY THOUSAND �'4UR HUNDRED FORTY SEVEN AND 771160 Doilars 15 {$790,447.77) lawful money of the United States, to be paid in Fort Worth, Tarrant County, 16 Texas, for payment of vvhich sum well and Uu1y be made jointly unto the Developer and the Ci{y 17 as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents. 19 24 �VHEREAS, Developer and City have entered into an Agreernent for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number 201-0154; and 23 WHEREAS, the Principal has entered into a certain written contract witb the Developer 24 awarded the i� day of ��1('e-� , 20 20 , which Contract is hereby referred to and a 25 made pazt hereof for a11 purposes as if fu11y set forth herein, to fumish all materials, equipment 26 labar and other accessories as defined by law, in the prosecution of the Worlc, inc�uding any 27 28 29 30 Work resulting from a duly authorized Change Order (collectively herein, the "Work"} as �rovided %r in said Contract and designated as LAK� VISTA RANCFI PHASE 5; and WHEREAS, Principal binds itself to use such materia�s and to so construct the Wor� in 31 accordance with the plans, specifications and Conttact Documents that the Wor� is and will 32 remain free from defects in materials ar warlananship 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 T.ATC� 'VISTA RANCH P�IAS� 5 STANDARD CITY CON�ITIONS — DEVELOPEIt AWAR➢E➢ PKdSECTS Cl'N: f022$9 Revised 7anuary 31, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 046219-2 MAINTEATANCE BOND Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct ihe 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 Worlc, for which timely notice was provided by Developer ar City, to a completion satisfactory to the City, then this obligation sha2l become null and vaid; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal sha11 fail so to repair or reconsh�uct any timely noticed defective Work, it is a�eed that the Developer or City may cause any and all such defective Worlc to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVID�D FURTHER, that if any legaI action be filed on this Bond, venue shal� 1ie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, �'ort Worth Division; aYd PROVIDED T'URTHER, that this obligation sha11 be continuous in nature and succesaive recoverie� may be had hereon for successive breaches. CITY OF FORT V9ORTT� STANDARD CITY CONDITIONS — DEVPsLOPER AWAltDED PROJECTS Revised7anuury 31, 2D12 LATCC 'V1STA RANCH PHASE 5 CPN: 102289 006219-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the 5urety ha�e each STGNED and SEALED this rp� � 2 instxuznent by duly authorized agents and officers on this the / e day of 3 �C�.�-c,� , 20 zo . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: t { ' cipal) Secretary �� � �._._'"� -�� Witness as to Principal ATTEST: � � � Y r {Surety ��4�r S an��ski, Wifness " � � e�;:,�,." J itlless as to� u ety inger Thomas PRINCIPAL: L.H. LACY COMPANY, LTD. BY: "'""„ Signatur ��a�•� !�� � �✓�sr�a� `- �if,�,.�'o��¢�,�7 Name dna Tifle Address: 1880 CROWN DRIVE , Suite 1200 DALLAS, TX 75234 SURET'Y: Great American Insurance Comoanv of New York BY: �; .��� Signature � Rita G. Gulizo, Altorney-in-Fact Name and Title Address: 309 E. Fourth Street Cincinnati, OH 45202 �'elephone Number: (513} 369-5000 *Note: If signed by an officer af the Surety Company, there inust be an file a certified extract from the by-laws shawing that this person has authority to sign such abligation. If 5urety's physical address is different iram its m ailing address, bath must be pra�vided. The date oi the bond shalf nat be prior to the date the Contract is awarded. CITY OF PORT WORTH LAK� VTSTA RANCH PHAS� 5 STANDARD GETY CONflITIONS —DEVELOI'�R AWARDED PR03HCTS CPN: 107,z89 Aevised 7anuary 31, 2012 GFtEAT AMEFtICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office: 301 E 4TH STREET • CENCtNNA71, OHlO 45202 • 513-369-500U • FAX 513-723-2740 7he number of persons au#horized by this power of attorney is not more than THREE No. a 19964 POW�R OF ATTORNEY KNOW ALL M�N BY THESE PRESENTS: That the GREATAMERICAN fNSURANCE COMPANY OF NEW YORK, a corpora#ion organized and existing under and by r+ir3ue of #he laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and al� bonds, underiakings and contracts of suretyship, or other writien obligations in the nature thereof; pro�ided that the liability of the said Company on anysuch bond, under3aking or contract of suretyship executed under this authority shalf not exceed the limit stated be[ow. Name Address Limit of Power RiTa �. �u�.izo SUSAN ZAPALOWSKI DAVI� T. NfICLETTE ALI. OF NEW ORLEANS, LOUISIANA A�L $1 DD,Da0,000 This Power of Attorney re�okes all pre��ous powers issued on beF�alf of the attorney(s)�in-fact named above. IN W ITNESS W HEREOF, the �REAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropr'tate officers and its corporate seal hereunto afifixed this 6TH day of FEBRUARY , 201 s, Attest �qORPoqAif R� � �AL � ��.� � �� Rssistan7 Seeretary GREAT AMERICAN INSURANCE COMPANY OF NEW YORK ' . � Dlvislonc7l Seniar Vice Pmsident i�IARK VlCARfO �877•377-24Q5j STATE OF OHIO, COUNTY OF HAMILTOM-ss: On this srH day of FEBRUARY , 2o1s , before me personaily appeared MARK VICARtO, to me known, being duly sworn, deposes and says #hat he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Di�ision of [Creat American Insurance Company of New York, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under t�e By-Laws of said Company, and that he signed his name thereto by like authority. �usan A K�orst �' N4ta�y Pul�c, S�E1 of Qh��o�y� � �' � � � ��fFQIiV / r.� � 1 .. r� i� ,�, �Ik This Power of Attorney is granted by autF�ori#y of the following resolutions adopted by the Board of Directors of Great American Insurance Company of fVew York by unanimous written consent dated May 14, 2009. RESOLVED: That the Divisiona! President the severa! Divisional SeniorVice Presidents, Drvrsional Vice Presidentsand Divisiona! Assisiant Vice Presidents, or any one of them, be and hereby is aufhorized, from fime to time, to appoint one ormore Attorneys-in-Fact to execute on behalf of the Company, as surety, any and al! bonds, undertakrngs and contracts of suretyship, or other written obligations in the nature thereof,• to prescribe their respecfive duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTNER: That fhe Company sea! and the signature of any of ihe aforesaid otficers and any Secretary orAssistant Secretary of Che Company may be affixed by �acsimile to any power of attorney or certiticate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligafion in the nature thereof, such signa#ure and sea! when so used being hereby adopted by the Cornpany as the origina! srgnature ot such ofiicer and fhe origina! seal ot ihe Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. C�R7iFICA710N I, STEPHEN C. BERAHA, Assistant Secretary of Great American fnsurance Company of New York, do hereby ceriify thaf tfie foregoing Power of Atiorney and the Resofutions of the Board of Directors of May 74, 20Q9 ha�e not been revoked and are now in full force and efFect. Signed and sealed this .��onvmure � �56AL� �� day of , 2020 , � � � • �� ilssislorel Secrelnry 511B5NI (07/18y �.� Great American Insurance Company of New York GREA,'T���� Great American Alliance Insurance Company INSURANC� pROUP Great Amer�can Insurance Company IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Departznent of Insurance to obtain information on companies, coverages, rights or complaints at: 1M800�252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1007 Your notice of c�aim against ihe attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following adclress: Mailing Address: Great American Insurar�ce Company P.O. Box 2119 Cincinna�i, Ohio 45202 PhysxcaI Address: Great American Insurance Company 301 E. Fourth Street Cinci�nuaati, Ohio 45202 You may also contact the Great American Insurance Compaz�y Claim office by: F'aac: 1-888-290-3706 Telephone: 1-513-369-5091 Emazl: bondclaims@gaic.com PREMIUM OR CLAIM DISPUTES: If you have a disp�te concerning a premium, you should contact the agent fxrst. If you have a dispute concerning a claim, you should contact the company first. Zf the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH TffiS NOTICE TO YOUR BOND: This notice is for information only �nd does not become a parti or condition of the attached document. F.9667A (3011G) PAVING AND STREET SIGNS fl6 42 47 DAP-BIOPROPOSAL Poge 2 of 4 UNIT PRICE BID 6idlist ]tetn No. Description 1 3211.64D0 Hydratad Lime � 2 � 3211.4501 6" Lime Treatment� 3 3213.0101 6" Conc Pvmt � 4 3293.0501 8arrier Free Ramp, T ____.- - __. __ __.�_ 5_ 3213_050R� Barrier F'ree Ram�, T 6 3305.0111 Val�e Box Adjustmen __...._ .. _.Y.. �... __w._. _ __� ._ __�.� ._ ...._..�_.�. 7 3305.0107 Manhole AdjustmenY, _ $_�..-_ 3291.0100 Topsall m^m.�..��._. � � � 3202.0400 Seeding, F{ydromulch � 10 3213.6309 4" Conc Sidewalk .- 11 � W 9999 � Pavment and Perform SECTION 00 42 43 oeveloper Awarded Projacts - PROP�SAL FORM Bidder's Application ProjecY 1te�n Infonnation Sidder's Prvposa2 Speciflcation Sectfon Nv. U"« of Bid U�t Price Bid Value Measure Quantity UNIT IV: PAVING IMPROVEMEHTS 321129 TN 222 $175.pp $38,850.00 . __..---_._.___ _._.__.__,.�.....__..._.._�__...____.,.._. ___....�_,.. _._ _ __.,�.----.__.__. �„„�.._.._,._.� _�_._ 32 1 � Z9 SY 13896 $3.05 $q2,382.80 ---._.____ _-�._�.. �.._._ .___ .------..__���._ _.._�.___._ _ _ _._ . _..__._._ _,_� �,... ._. _._�..� .���..�„ ., 321313 SY 19529 $38.60 $447,325.20 ..�.�..__..,.._ __._ _.�Y.m.__.,.______ ___.. .�_.._��.__._�___.._._,._.._,.._�___ 321320 EA 95 $2,050.6a $30,750.00 --_-- --- —_ -__- — �__. �.,.. � _ _ __m_.� _ _...___ _—_ _ _ 321320 EA 4 $1,850.00 $7,4q0.00 .�..,_..__._�__._._� .__.._ .--�--._. , ._,._ �._..,,--------•--._........�.....�_. _._._.... ._....� 33 05 14 EA 14 $2pD.00 $2,800.Q0 _._... _..,.�._. _ _ ..___ �.__... 33,45 14 V _ . .............._.��.,.._......� _.__ __.._�..._._._,__.. __._ _.,..,�.M___�__� _.._.._ _____.. _ _�.._.�_.__.....��.,. �.._ __ _�. EA 15 $250.00 $3,756.00 � .,.._�..,......._........._._.... _.._._.V.__.._ _. _....____. ___._._._______ ____._........__ �._ ___�.,__---..._�� _._ 32 9'f 19 CY 50 $55.00 $2,750.00 32 92 13 �SF . _�-�3000 _ 4� .W��$0_50 .m $1,500.D0 � _ �_�---•- - 32 13 20 _ SF • _ 830'� � $7�50.e �$6,225.00 S� ,__----...,_,_,_,_._ 99 99„99._�_.__._.,...__...._......_. LS"".,_ .. __-_ 1�_$8,900.00 �_ $8,900,00 M-2 Cl7'Y OF FORT 5YOR1'}; 90 42 d3 9iA Propus�l L ke Visia Runclt I'h 5 Paving u��l Strcot 5'ili3�s GILCO STANDAAo CONSTRUCTION SPECiFiCAT[ON DOCLIbiHNZS � oeVELOPP.R AWNtO2� PROIECTS I�ko V��ia Rmch Phasc 5 CPN 1112289 Foun VQsion Apiil 2, 2p I Y 0o az a3 �AP - BID pROPOSAL PBgB 3 OF 4 SECTION po 42 43 Deve�oper Awarded Prnjects - PRDP4SAL FORM UNIT PRICE B1D Bidder's Application Project Item Information Hidder's Aoposal B'sdlist Description Specification Section No. Unit of Bid Unit Riee B1d Valua ItemNo. Measure Quantity UNIT V: STREET SI N IMPROVEMENTS __W 1 Street,Nama S�ns �mm___. �A 9 $450.40 $4,oao.oa _ __...._._._._.��. , .._..._._.._..______.__....__._.__.____._..._� _......_�.._..__.�.�._...__._�_._ _....�....._ .... ___2_eStopSignsSR1_1�__� ..._ .. __.______,,._�_._. ....__,._ EA 7 $15D.Oa $1,05D.Q6 TOTAL UNIT V: STREET SIGN IMPR4VMENTS $5,10a.00 CTTY OP POILl' }yORTH 90 42 47 ➢id Yrq�oAnl I9ke Yista R ncli Pli 5 Yav���g �md Stree! Signs GILCU $TANDARDCONST1iIIC7'IONSPOCIFICATIONi30CUME�TS-llIIVliLOPBRA}yAR�RppRO1CC1'S LikeV'esmRancliP]iflF� 5 CPN192289 roxm Vcr.sipn Aprll 2, ?614 ao d� a� UAP-HIOPROPOSAL Page 4 oF4 SECTIDN 00 4z 43 Developer Awarcled Projects - PROPOSAL FORM UNIT PR10E BID Bidder's Application Project Ite�n Info�natio� Biddei�'s ProposaL BidGsf Descriplion Specification Section No. Unit of Bid Unit Price Bid Value Ite�nNo. Measm�a QuanYity Bid UNlT V: STREET SIGN IMPROVEMENTS Gllreath - Presidenl Confractar ngrees to complefe WORIf For PINAL ACC�PT.A��fC6 witLin 5� worldng dnys nfter tlie date when tLe CONTRACT commences fo rur� es provideU in the Gener¢1 Conditions. �ND OI' 5CCTION CITY OF FORT WORTH 6U d2 47 AiA Pmpasni Lako Visln Rnnch PL 5 Paving and Strcel Signq G7LC0 S'I'rW �ARD CONSTRUCTION SPECIPICATION DOCUY113N'f5 - U13V&LOPEB AWAROED pRpJECTS Lak¢ Y{sEu Ii�mch Phuae 5 C8�' IOZZ89 Parm Ve�siou April?, 291A 00 45 12 I�AP PREQUALIFICATIOI3 STATHMENT P�ge 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEM�NT Each Bidder is required ta complete the information below by identifying the prequalified contractors and/or subcontz�actors whom they intend to utilize for the major worlc type(s) listed. In the "Ma'or Work Ty ��e" box provi de the complete inajor work type and actual descriptiort as provided by the Water De�artment for water and sewer and TPW far paving. Major Work Type Contractor/Subcontractor Company Name Pz-equalification Expiration Date Concrete Paving GILCO CONTRACTING,11vC. 1/1/2021 ConstnactionlRecanstruction And Street Name Signs The undersigned hereby certifies that the con�ractozs aztdlor subcontractors described in the table above are curreratly prequalified for the work types listed. BIDDER; GILCO CONTRACTING, iNC. 6331 SOUTHWEST BLVD. BENBROOK, TX 76132 Ll 111�. END O�' SECTION cirr oF FaRr woRrH STAN�AR� CONSTRUCTION PREql1ALIFICATION S7ATEMENT—�EVELOpERAWARDE� pROJECTS 0045 12�Prequalification Statement 2015_�Ap Pavingand Signs Form Versian September 1, 2015 0o as z� - i CONTRACTOA COMPLIANCE WITH WORICEA'S COMPENSATION LAW Page I of 1 2 3 4 5 6 7 S 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3I 32 33 34 35 3b 37 38 SECTION OU 45 26 CON�RAC�4R COMPLIANCE WITH WORI�ER'S COMPEN5ATION LAW Pursuant to Texas Labor Code Section 406.096(a), as ainended, Contractor certiiies that it provides worker's compensataon ir�sL►rance coverage for a11 of its empioyeas employed on City Project No. 102289. Contractor furthar certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certiiicaies of compliance with worker's compensatiort coverage. CONTRACTOR: GILCO Contractin�, Inc. Company ,., _- 6331 SouYhwest Blvd. Address Benbrook, Tx 76132 City/State/Zip TxE sTaTE or TE�s COUN�Y 4F TARRANT C Signatu �'it1a: § § �FORE ME the undersigned authority, on this day personally appaared �C�,�l � _, kzaown to me to be the person whose na.rne is subscribed to the fore q.ing instrtunent, and acIcnowled�ed to me that he/she executed the same as the act and deed of � �� Do (� ,C� U�--�t- !� ' ��� for the purposes and consideration therein expressed and in the capacity therein stated�` GIVEN UNDER MY HAND AND SEAL OF OFFICE this f� day of ��-�-t�a , ZQ�o Nola Public in and for tYie State of Texas 39 END OF SECTION y,.�PpY.�Ue'f, l.�lA MC�U1�1� 40 �r,� �n'NOtarY Publl�r �t�t� �1# i���� : ^,;��.��� Gc�mm, ���Ir�� 9�d��=�8�� ''�;''Eo��.*`° Ne4�ty I� i���4t��i4�i 'rp i��� CITY OF FORT WORTH LA.KE VISTA RANCH l'�iASL� 5 STANDARD CONSTRUCT'[ON SPSCIFICATIONDOCUIb[EN'T5 CPN:102284 Reviscd Apii12, 2014 (Please Print) 005243-1 Developer Awaided Project Ageement Page 1 of 4 SECTION 00 52 43 Z AGREEMENT 3 THIS AGREEMENT, authorized on $� i3 / Lc� is made by and between the 4 Developer, authorized to do business in Texas ("Developer") BNM LAI�E VISTA 5 DEVELOPMENT, LP, azzd GILCO Contractin�, Inc., authorized to do business in Texas, 6 acting by and through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of ihe mutual covenants hereinafter set forth, agree as 8 foilows: 9 Article 1. WORK 10 li 12 13 I4 15 16 17 18 19 20 21 Contractor shall coinplete all Work as specif ed or indicated in the Contract Doctunents for the Proj ect identified herein. Article 2. �ROJECT The project for �hich the Work under the Contract Documents may be the whole or only a part is general�y described as follows: LAKE VISTA RANCH kHASE 5 CITY PROJ�CT NO: 102289 FID NO: 30114-020043I-1Q2289-EQ7b85 FILE NO: W-2667 Article 3. CONTRACT TIM� 3.I Time is of the essence. A11 time limits for Milestones, if any, and Fina1 Acceptance as stated in the Contract Documents are of the essence to this Contract. 22 3.2 Final Acceptiance. 23 The Work wiIl be complete for Final Acceptance within 50 W4RKING DAYS after the 24 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 25 Standard City Conditions of the Construction Contract far Developer Awarded Projects. 26 3.3 Liquidated damages 27 28 29 30 31 32 33 34 35 36 37 Contracior recognizes that time xs of the essence of this Agreement and that Developer wi11 suffer financial loss if Ehe Work is not coinpleted within the times speciiied in Para�raph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the Constre�ction Contract for Developer Awarded �zojects. The Contractor a]so recognizes the deIays, expense and difficulties involved in proving in a Iegal proceeding the actual Ioss suffered by the Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractar agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer zero Dollars ($_ �.00 ) for each day thlt exp�res after the time specified in Paragraph 3.2 far Final Acceptance until the City issues the Final �,etter of Acceptance. C�TY pP C'ORT WORTH �LA[{E VISTA I2ANCH PIIASC 5 STANDARD CONSTRiJCT[ON SPCCIFICATION DpCtJ�!iG�NTS — DG�V�LOPER AWARD�;D P[tO.iPCTS CPIY: 142289 Revised Jime 1G, 2016 005243-2 Deve[oper Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor far performance of �h� Work in accardance with the Coni�act 40 Docwnents an amount in current funds of FIVE HiTNDRED NINETY SEVEN THQUSAND 41 SEV�N HiTNDRED THIRTY THREE AND 001100 Dollars ($597,733.00). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2. Attachments to this Agreement: a. Bid Form (As provid�d by D�veloper) 1) Proposal Form {DAP Versian) 2} PrequaIification Stateinent 3} State and Federal docwnents (project specific) b. Insurance ACORD Form(s) c. Payment Band (DAP Version) d. Performance Band (DAP Version) e. Maintenance Bond (DAP Version} f. Power of Attorney for the Bonds g. Woz'lf�r's Compensation Aff'tdavit h. MB�. and/or SBE Commi�nent Form (If requiz�d) 3. Standard Ciry General Conditions af the Construc�ion Contract for Developer Awarded Projects. 4. Suppleinentary Conditions. 5. SpeciPications specificalZy made a part of the Contract Documen�s by attachment or, if not attached, as incorporated by refer�nce and described in the Table oi Cont�nts of the Project's Contract Documents. 6. Dzawings. 7. Addenda. 8. Documentation submitked by Contracior priar 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 Acceptanceo CITY' Of FORT WORTH LAI� VISTA RAI�ICH PFIAS� 5 STAND.�RB CpNS'fRUCTION SPHCIFICAT[ON J70CUMENTS — DEVELOPER AWARJ7�D PR07L�CTS CP1V: 102284 Revised ,f�tne 16, 2016 005243-3 Developer Awarded Project A.greement Page 3 of 4 75 Art�cle 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 85 87 88 89 90 91 92 93 94 95 96 97 6.� Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and e�ployees, from and against any and all claims arising out of, or alleged to arise aut of, the work and services to be performed by the contractar, its ofticers, agents, employees, subcontractars, licenses or imvitees under this cantract. This inderamit�cation provision is sAecificallv intend�d to oqerate and be effective even if it is alle�ed or proven that all or some of the damages bein,� sou�ht were caused, in whole or m part, by any _ _ act, omissian or ne�li�ence of the city. This inde�rx�nity pravision is intended to include, rvithout timitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indenixnify and hold harmlesa, at its own expense, the city, its afticers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, ar alleged to arise out of, the work and services to be perfor�ed by the contractor, its officers, ag�nts, e�xployees, subcontractors, licens�es or invitees under this contract. This indernnificatian rovision is s ecificall imtended to o erate and be effechve �ven if it fs a€le ed ar ,�roven that all or some of th� dama�es bein� soa�ht were caused, in whale or in part� bv anv act, omission or n��li��nce of the cihr, Articl� 7. MISCELLANEOUS 98 7.1 Tezms. 99 Terms used in this Agreeinent are defined in Article 1 of the Siandard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 TE�is Agreement, inciuding all of the Con�ract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Suceessors 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 Sevezability. 109 Any pro�ision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a couzC of competent jurisdiction shall be deemed stzicken, �nd a11 111 zemazning provisions sha11 continue to be valid azad binding upon D�VELOPER and 112 CONTRACTOR. i 13 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Docurnents is perfonnable in the State o� 115 Texas. Venue shall be Tarrant County, Texas, or the Llnited States Distzict Court for the 115 Northern District o�Texas, Fort Worth Division, CITY OF FORT WOItTH LAK�;'VTSTA RANCI3 PHASE 5 STANDARD CONSTRUCTION SPEC]F'ICATION DOCiTMENTS — DEVSLOPEI� AWARDED PROfECTS CPN: EU2289 Revised dune 16, 2016 045243-4 Developer Awarded Project Agreement Page 4 of 4 117 ll 8 7.6 Authority to 5ign, 1 i9 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 221 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as oithe last date signed by the Parties (`Bffective Date"). 126 , G Dale R, C�ilreath (Printed Name) 'rit�e: President Compan� Naizi.e: Address: 6331 SOUTHWEST BLVD. City/Statie/Zip: BENBROOK, TX 76132 � 11312�� Date 127 Developer: BNM LAI�I'A B. NELSON MI'TCHELL, JR. (Printed Name) Title: PRES�DENT Co�npany name: Address: 103 S TEXAN TRAIL City/ StatelZip: GRAPEVINE, TEXAS 76058 �1l3 /�ola Date CC7"Y t�F FORT WORTH LAiCIs' VISTA RANCH PHAS� 5 STANDARD CON51'12UCT[ON SP�CIF'ICATION DOCiTHIENTS-17L'VCLOPER AWARDEll PRO]P�CTS CPN: 1422B9 ltevised Jiine lb, 2416 Boaa #oz�2z�2�s 006213-1 PERFORMANCE BOND Page 1 of 2 2 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT S�CTTON DO 62 13 FERFORMANCE BOND � § KNOW ALL BY THESE PRES�NTS: § 7 S 9 10 1l 12 13 14 15 l6 17 18 I9 20 21 22 That we, GILCO CONTRACTING INC. lcnown as"Principal" E�erein and Liberly Mutual Insurance Company ,, a corporate surety(sureties, if mare than one) duly authorized to do business in ihe State of Texas, known as "Surety" herein (whether one or inore), are held and �rmly bound unto fhe Developer, BNM LAK� VI�TA D�VELOPMENT, LP, authorized to do busii�ess in Texas ("Developer"} and the City of Fort Worth, a Texas municipa] corporation ("City"), iu the penal sum af �'IVE HUNDRED NINETY S�V�N THOUSAND SEVEN HUNDREb TH�RTY THREE AND 00/100 Dollars ($597,733,00), lawful money of the United States, to be paid in Foi�t Woeth, Tarrant County, Texas far the payment of which sum well aiad truly to be made jointly unio the Develaper a��d ihe City as dua] obligees, we bind ourselves, our heirs, executors, adrninistrators, successors and assigns, jointly and severally, fir�nly by these presents. WHER�AS, Developer and City have entered into an Agreecnent for fhe cotlstrucCion of community facilities in ti�e City of Port Worth by and tllrough a Community Facilities Agreement, CEA Number 2019-0159 ; �.nd 23 WHEREA�, the Principal has entered into a certain written contract with the Developer awarded 24 the � day of __� __ , 20 2� , which Contract is hereUy referred to and �nade 25 a part hereof for all purposes as if fulty set Forth herein, to fi�rnis� ail ta�aterials, equipment labor 26 27 2$ 29 30 31 32 33 34 35 36 and oth�r accessories d.efned by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as LAKE VTSTA RANCH PHASE 5. NOW, THEREFOR�, the condition of t��is obligation is such that iFt11e said Principal sliall faithfuiiy perforin it obligations under thc Contract and shall in a[1 respects duly and faithFully perfor3n the Work, including Cl�ange Orders, undet� the Contr�act, according to the pEans, specif cations, ai7d contract docuaa�ents therein referred to, and as wel[ during a�ny period of extension of the Contract that may be granted on the parC of Che Develop�r and/or City, tl�en tE�is obligatiou shall be and become null and void, otherwise to remain in full force a��d cffect. PROVIDED FTTRTHER, tl�at if any legal action Ue �led on this Bond, venue sllall !ie in Tarra��t County, Texas or the United States District Cotut for the Northern Dist�•ict of Texas, Fojt Wortll Division. CITY OF FOR7" WOlt`I'H LAKT VTSTA RANCfT 5 STANDARD CI'1"Y COND1TlONS — DCV�LOPER AWARUED PEtO,IECTS CPN: 102289 Revised .Canu�iy 3 1, 20J2 OOG213-2 PERFORMANCE BOND Page 2 of 2 1 This bond is anad� and executed in compliance with the provisians of Chapter 2253 of �he 2 Texas Governm�nt Code, as amended, and a11 liabiiiti�s on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Stixrety have SCGNED and SEA�,ED 5 tllis instrument by duly atiithorized agents and officers on t]Zis the 1� day of � AU ur� ,Zo�o . � 8 9 10 11 12 13 14 15 l. 6 I7 18 19 20 21 22 23 24 25 a� a� 28 29 30 31 32 33 34 35 36 37 38 39 40 PRINCIPAL: GILC Contracting, Inc. � BY: Signature ATTBS'F: (Principa]) S 8 Witness as to Principal � Witness as to Surety Leia McQuien, Vice President, Operati�ns Name and Title Address: G331 SOUTHW�ST SLVD. BENBROO]{ TX,76132 SURL.TY: Liberty Mutual Insurance Company BY: � 77u�i�17 5i ature Sophinie Hunter, Aftorney-Tn-Fact N�ne and Title Address: ZZ00 Renaissance Blvd., Suite 400 Kin of Prussia, PA 194d6 Telephone NumUer; 214-989-OOOd 4I *Note: If signed by an oFficer of the 5urety Company, Chere must be on file a ce�•tiii�d extract 42 fi•om th� by-Iaws sliowing fhat this person has authority to si�n such obligation. If 43 Surety's physical address is different :from its mailing address, both mt�st be provided. 44 45 Tl�e date of the bond shall not be prlo�• to tlle date tlie Contract is awarded. 46 CITY OF FORT WORTII LAI{� VF57'A RANCI3 5 STANDrIRD CITY CONDITIONS -- DEVELOl'ER AWARDED PR07�C7'S Cl'N: 102289 1Zevised,lanuary 3l, 2012 Bo�d #a2222�2ss oo6z�a-i PAYNIENT BOND Page ] of 2 1 2 3 4 5 6 7 8 9 THE STATE OF TEXAS CO�[7NTY OF TARRANT SECTION UO 62 ] 4 PAYMENT BOND � § KN�W ALL BY THESE PRESENT�: § That we, G�L CO CONTRACTING, INC., lcnown as "Principal" herein, and Liberty Mutual Insurax�ce Company , a corporate sL�rety {or sureties if more tl�an one), duly authorized. to do business in the State of Texas, Icnown as "Surety" herein l0 (whether one or inore), are held and firmly bound unto the De�eloper, BNM LAKE VISTA 11 DEVELOPMENT. LP, authorized to do bL�sinass in Texas "(Developer"), and tl�e City of Fort 12 Worth, a Texas municipal corporation {"Gity"), in the penal sum of FIVE HUNDR�D NINETY 13 SEVEN THOUSAND SEVEN HUNDI�D THIRTY THREE AND OOIlOa Doilars 14 ($597,733.00), lawFul money of the United States, to Ue paid in Fort Worth, Tarrant County, 15 Texas, for the payment of wliich sum well and trltly be made jointly unto the De�eloper and the 16 City as d�al obligees, we Uind ourselves, our heirs, executors, ad�ninistrators, successors and 17 assigns, jointiy and several]y, firinly by these presents: 18 CL� 2D WHEREAS, Developer and City ha�e entered into an Agreement for the construction of co�n�nunity facitities in tl�e Gity of Fort Worth, by a��d througl� a CommLinity Facilities Agreeinent, CI'� Number 2019-0154 ; and 21 WHEREAS, Principal has entert�ed into a certain written Contract with Developer, 22 awarcied the �3 day of j , 20 ?� , which Contract is hereby referred 23 to and made a part hereof for all purposes as if fully set %rth herein, to furnish a11 materials, 24 25 26 ec�uip�nent, labor and ofher accessories as ciefined by Iaw, in tE�e prosecution of the Woric as provided For in said Contract and designated as LAK� VISTA RANCH PHASE 5. NOW, THEREFOR�, THE CONDITCON OF THIS OBLIGATION is sucl� that if 27 Prii�cipal shall pay all monies owing to altiy (and all) payment bond bea�eftciary (as defined in 28 Cl�apter 2253 of the Texas Government Code, as amended) in tlle prosecution of the Work under 29 the Contz-act, then this obligation shall be and becoine null and void; otherwise to remain in full 30 force anci ei%ct. CITY OF FOR'1' WOR'I'h[ LAI{� VIS7'A RANC]I PHASE 5 STAIVllATtD Cl7'Y COND[T[ONS — DEVELOPER AWARDED PRO]ECTS CPN: 1022$9 lZevised.i2nuary 31, Z012 00 62 14 - 2 PAYM.GNT BOND Page 2 of2 1 2 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and a[1 liabi4ities on this bond shall be determined in accordance with the provisions of said statute. 4 IN WITN�SS WHEREOF, tlle Principal and Surety have eac1� SIGNED and SEALED 5 this instnament Uy duly authorized agents and officers on this the� day of 6 7 u �U , 20 Z,o ATTEST: (Principal) PRINCIPAL: GILCO NTRACTING, INC. � �—�,--- SY: � a ure Leia McQuien, Vice President, Operations Name and Title Address: 6331 SOUTHWEST BLVD. SENBROOK, TX 76132 Witness as to Priticipal SURE'1'Y: Liberty Mutival Insurance Company A7'7'EST: � �Yl��� (Surety} Secretary BY: Signa ure Saphinie Hunter, Atton7ey-1n-Fact Name and Title Address: 2200 Renaissance Bdvd., Suitie 460 \ King oFPrussia, PA 19466 \+ Witness as to urety Telephoi�e Number: 2i4-989-0660 S 9 Note: If signed by an officer of tl�e SL�tety, there must be on file a certificd exfract Prom the 10 bylaws showing tf�ai ihis person has a�tthority to sign sucll obligatioi�. lf Surety's physica� 11. adciress is different from its maiiing address, both must be provided. 12 13 The date of the bond shall not Ue prior to the date the Contract is awarded. 1� END 4F+ SECTION CITY OF F02T VJORTH LAICE VTS'fA ItANCII PIIASr 5 STANDAIZD CITY COMD[T[OiVS — DI;VCI.OPER AWARDED PR07ECTS CPN: 102289 ]�ev ised .f nn uary 31, 2012 Bond #022227298 oo�z19-1 MAIN'PENANC� BOND Page i of 3 l 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARR.ANT SECTION 00 62 19 MAINTENANC� BOND § § KNOW ALL BY THESE PRESENTS: § 8 That we, GILCO CONTRACTING, INC., lcnown as "Principal" herein and 9 Liberty Mutual Insurance Caznpany , a corporate surety (sureties, if rnore 10 than one) duly authorized to do business in the State of Texas, known as "Surety" herein 1 l (wl�ether one or more}, are held and frmly bound unto the Deve�oper, BNM LAKE 12 VISTA D�VELOPMENT, LP, authorized to do business in Texas ("Developer"} and tl�e City 13 of Fort Worth, a Texas �nunicipal corporation ("Ci1:y"), in t11e swn of FNE HLTNDRED 1� NINETY S�VEN THOUSAND SEVEN HUNDRED THIRTY THREE AND QQ/1Q0 25 DOLLARS„{�597 733.Ofl} lawfui inoney of tl�e United States, to be paid in Fort Wortl�, Tarrant I6 County, Texas, for payment of which sum weIl and truly be made jointly unto the Developer and 17 the City as dual obligees and their sl�ccessors, we bind ourselves, our heirs, executors, 18 administrators, successors and assigns, jointly and severally, firmly by these presents. 19 20 WHEREAS, Deveioper and City have entered inCo an Agreemen� for the construction of 2i community tacilities in the City of Fort Worth by and through a Com.�nunity Facilities 22 Agreement, CFA Number 201-Q154; and 23 WH�REAS, the Principal l�as entered into a certain wriiiera contract with the Developer 24 awarded the �� day of u S , 20 29 , whicll Coiitract is hereby referrcd to and a 25 made part hereof for alf purposes as if f�Ylly set forth 1lerein, to fiunish all ma#erials, equipmerat 26 labor and otller accessories as defuled Uy law, in the prosecution of the Work, including any 27 Work ees�i�ting fi�om a duly autl�orized Change Order (colleciive[y herein, tl�e "Wor[c") as 28 provided Por in said Cop.tract and designated as LAKE VISTA RANCH PHASE 5; azid 29 30 3I 32 33 34 WHEREAS, Principal binds itself to use sucll materials and to so construct the Work in acco�'dance wi.t�� t��e plans, specil'ications and Contract Docu�nents that tlae Worlc is and will remain free From defects .i.n materiais or worlananship for and durit�g the period of two (2) years a�ter the date oFF�nal Acceptance of the Woric by the City ("Main.tenance Peri.od"); and CITY OP FOl2'f WOCtTH LAKE VISTA RANCH PHASC 5 STANDAI2]] CCTY CONDITIONS — DI3VCLOPER AWARDED PR07EC1'S CPN: 102289 Revised,lanu�ry 31, 2012 OOb219-2 MAINTEI�IANC� BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole ar in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within f11e 3 Maintenance Period. � 5 NOW THEREFOR�, fhe condifion of this obligation is sucl� that if Principal shall 6 relnedy any defective Wor[c, for which timely notice was provided by Developer or City, to a 7 completion sattsfactory ta the City, then this obligafion shall become nulI and void; otherwise to 8 remain iai iull force and effect. 9 10 �ROVIDED, HOWEV�R, if.Principal shall fail so to repair or reconstruct any timely 11 noticed defective Wark, it is agreed that the Developer or City may cause any ancf all such 1.2 defecti�e Work to Ue repaired andlor reconstructed with alI associated cos{s thereof being borne 1.3 by the Principa� and the Surety under this Maiptena�ace Bond; and 1 �} 15 PROVIDED FURTH�+ R, that if any Iegal action be filed on this Bond, ven.ue shall lie in ] 6 Tarraut County, Texas or tl7e United States District Court %r the Narthern Dis#rict oi Texas, Fort 17 Worth Divisioil; and 18 [9 PROVIDED FURTHER, thai this oUligaYion s11aIl be continuoLis in nature and 20 successi�e recoveries inay be 31ad hereon far successive breaches. 21 22 23 Ci'I'Y OP FORT Wplt'fH LAKE'VTSTA RANCII PHASE 5 S'fANDARD CITY CONDiTIOAIS -- D�VLLOPER AVJARI7ED PROJCCTS CPn'; 102289 Rcvised Tanu�ry 3I, 2DI2 oa6z�9-a MAINTENANCE B�ND Page 3 of 3 1 IN WXTNESS WH�REOF, the Principal and the Stiuety have each SIGNED and SEALED this 2 instruanent by duly authorized agents and off cers on this the � day of u[[ r'� 3 , 20 �Zb 5 6 7 8 9 10 11 12 13 ]4 15 T6 17 ig 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: , � � (Princi�al) Se 'e C • O� Witness as to Princ�pal ATTEST: �._1Ylc��..- �(5urety) Secretar � Witnass as to Surety PRINCIPAL: GILCD ONTRACTING INC. BY: S' nature �.eia MeQuien, Vice President, O eratioz�.s Name and Title Address: 6331 SOTJTHWEST BLVD. BENBROOK TX 76132 SURETY: Liberty Mutti�allnsurance Campany BY: rUA'Lu , Si ature � Sophinie Hunt�r, Attorney-In-Fact Name and T[tle Address: 22fl0 Renaissance ]3lvd., Suife 400 King of Prussia, PA 19405 Telephone Number: 214-989-4000 37 *Nofe: If signed by an officer of the SL�rety Co�npany, tla�re must be o�� fiie a ccrtified extraet 38 from thE by�laws sllowing that thfs person has aufhority Co sign sucll obligation. If 39 SL�r�ly's physical address is differei�t from its mailing address, both must be provided. 40 41 The date of the band shall not Ue prior to tlie date t11e Contract is awarc�ed. 42 CiTY OF FORT WOR7H LAKT,'Vi5TA E2ANCIl PHASE 5 STANDARD CITY CONDI7'[pNS -- DSV�LOPER AWARDED I'IZO,iBCT5 CPIY; 102289 Revised .�ai�uary 31, 2012 ° ��°t�. �� ��, � a11F��TY This Power of Attorney limits the acts of those named herein, and ihey have na authority io bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certifcate No: 8200743 KNOWN ALL PER50N5 BY THESE PRESENTS: 7f�af The �hio Casualty Ins�rance Company is a corporation duly organized under the laws of the State of New Hampshire, that Li6erty Mufual Insurance Company is a corporatlon duly organized under the lews of the State of MassachusetYs, and Wesf American Ins�rance Company is a corporation duly organized under 1he laws of the State of Indiana (herein collectively aalled ihe °Gompanies"J, pursuanf to and by euthoriiy hetein set forth, does here6y name, constitufe and appoint, Robbi Mnr�les, Don E, Cornell, Sophinie Htmter, Tina McEwan, Tonie Petranek, Ricardo J Reyna, 7oshua Sauitders, Kelly A. Westbroolc all of 1he city of Dal las slate o{ TX each indlvidually if lhere be more than one named, €fs true and lawful aitorney-in-iaci to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its acf and deed, any and all undertakings, bonds, recognizancas and olher surety ohligations, in pursuance of these presents and shall be as binding upon ihe Companies as if they have been dufy signed by the president and attested by ihe secretary of the Compenies in their own proper persons 1N WITNE55 WH�REOF, this Power of Attorney hes been subscr[bed 6y an aulhorfzed officer or o�cial of the Companies and the corporete seals of #he Companias have been a�xed tf�ereto this ] 9th day of Morch , 2Q7 9 N N Q.1 C � State of PEI�NSYLVANiA � Couniy of MONTGOMERY Li6arty Mutual Insurance Company AV INSLRQ P�jY INs� a 1NSL,qq The Ohio Casuelty Insurance Company �J=�opvOR'+r�,pym PJ��oRQDRQ�o�a� � ��o4pOR-01��'� �iBSt,�R1BfICaf1 IflSllfaflCB �OnlPBfly � Q� o fi � 1912 � � 1919 m �' � �� � o a �� a 1991 0 � �� , v�'i d'3q�dACHus`�-db y° `�'H.aMPs�'`� a +rs �NninaQ aD� �� ` �� � ��7 * 1�� ��'1 * 1�� '��N * F-a �y' •!� 'v� 6avid M. Carey, Assistant Secretary � � m �n Ihis 19th day of March , 2p 3 9 before me personally appeered �avid M. Carey, who acknowletlged himself to 6e ihe Assistani 5ecretary of Liberty Mulual Insurance o p ro Company, The Ohio Casualiy Company, and West American Insurance Company, and that he, as such, being authorized so to do, execufe the foregoing Enstrument for the purposes —� �� therein conlained by signing on behalf of the corporalions by himseif as a duly auihorEzed officer. � w ? � IN WITNE55 WHEREOF, I _a C'N (4 O � O �? C �p �� Q1 � O) L �� o .� �� � +, om � a�i � O � z� have hereunto subscribed my name and affixed my notarial seal ai King of Prussia, Pennsylvania, on the day and year flrsi ahove written. �y�; ���� �: �'�,�i .�•�'"""k�.,°»�4,. � Cl�l p� r Me� n�wp� Mo P�anNSYLVANIA /.-,_ ,� �' ,es� ���. gt . Nolarcal seol V- �. f A ' ^a�✓ � ��4-� ��: Fubliu � eryCouniy B�/; �LfLC�rti- ! (y`�" � MyGc�mmissiun Expii�es Marah 28�20'l1 ���„�„�;r; �,�n� L_�_. �_ ____ __ _.. _�_ .__�� �eresa Pastella, Notary Public �t ���' � �� AEera6eqPenasYleBninAA:woEalior3uiNolar[as �°'^=�,.m..�°a" ihis Power oi Ariorney is made and executed pursuant to and by eufhority of the following By-laws and Auihorizafions of 7he Ohio Casualty Insurance Company, l.iberty Mutuai ]nsurance Company, and West American Insurance Company which resolutions are now in (ull force and eifect reading as fallows: ARTICLE IU- OFFIC�RS; 5ection 12 Power of Attorney. Any officer or other official of fhe Corporation authorized for fhat purpose in writing by the Chairman or lhe President, and subject to such fimiiation as fhe Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be r�ecessary ta aci in behalf of the Corporafion to make, execute, seef, acknowledge and deliver as sureiy any and all undertakings, bonds, recognizances and o#her surety o6ligations. Such attorneys-in-fact, subjecf to the limitations set forYh in their respective powers of attorney, shall have full power to bind the Corporation by thair signature and executlon of any such insfr�ments and 10 attach thereto ihe seal of the Corporatlon. When so executed, such Enstruments shall 6e as 6inding as if signed by the Presideni and attested to by the 5ecretary. Any power or aukhority granted to any representative or attorney-in-fact under the provisions of this article may be revoked et any iime by the Board, the Chairman, khe President or by the officer or officers granting such power or authority. ART�CLE XIII - Execution of Cantracts; 5ection 5. 5urety Bonds end Underiakings. Any oHicer of fhe Company aufhorized for tha# purpose in wriling by the chairman or Fhe presidenl, and suhject to such limltaiions as ihe chairman or the president may prescribe, shali appoint such aftorneys-In•fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and aEl undertakings, bonds, recognlzances and other surety obllgatfo�s. Such aftorneys-in-fact suhject fo the limitations set forlh in fheir respective powers of altorney, shall have full power to hind the Company by fheir signature and execUiion of any such instruments and to attach ihereto the seal of the Company When so executed such Instruments shall be as binding as If signed by the president and aitested by the secretary, Certificate o€ �esignation -- The Presidenl of the Company, aciing pursuant to the Bylaws of the Company, aulhorizes David M. Carey, Assistant Secretary to appoint such attornays-in- fact as may be necessary to aci on behalf of fhe Company to make, execufe, seal, acknowledge and dellver as surety any and afl undertakings, bonds, recognfzances and other surety obligafions. Authorization - By unanimous consent of the Campany's Board of Directors, the Company consents that fecsimEle or mechanically reproduced signaiure of any assistant secrefary of Ihe Company, wherever appearing upon a certifed copy of any power of attorney issued by the Company in conneciion with surety bonds, shall be valid and hinding upon the Company with the same force and effect as though manually eHixed, l, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio CasuaEfy Insurance Company, Liberfy Muiuel Insurence Compar�y, and West American Insurance Company do here6y certify ihai the original power of attomey of which lhe foregoing €s a full, true and correcf copy of the Power of Attorney executed by said Companies, is in full force and effect and has not 6een revoked IH TESTiMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies ihls day of P� 4NSURQ p�qY INSG � 1NSUR4 �a o�npoR�r i�� yJ o��rnRAT'Pyy �Po��'vo'�qr yC� J. Fa fi Q3 �o n �3 b� �31912 a oy1919wo a 1991 0 Yd'3qsSACEiuS� -0D y0 �'ynMvs�,� D � �Hoins�Q D BY� " .....: , � .. . , ��� *�a ,�y� ��,a s�M *��,a Renee C. Llewellyn, Asslstant Secreiary * D� Q � v— ^p Q � N� oc�o a- O N O � � a� �� �� '� � �o m �' �� � N �. M �� 00 U r H� LMS-12873 LMIC OCIC WAIC Mulii Ca 662018 ��w �� �� ��� .... ..... .�����...... . 7Y TEXA� IMPORTANT NOTICE To obtain information or make a complaint: Yo� may call toll�free far information ar to malce a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King ofPrussia, PA 19406-2755 You �nay co�ltact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-&00�252�3439 You 3nay vvrite the Texas Departmeni oFlnsurance Consl�mer Protection (111-1A) P. O. Box 149091 Austin, TX 7$714-9091 FAX: (512} 490-1007 Web: httpJ/www.tdi.texas.�ov. �-mail: ConsumerProtection cnto.tdi.texas.� PREMIUM OR CLAIM DISPUT�S: Should you have a dispute concerning your pre3nium or about a claim you should Frst contact the agent or call 1-&00-843-6446. If tlle dispute is noi resolved, you �nay contact the Texas Depa��tment of I�Zsurance. ATTACH THIS NOTICE TO YOUR ��LICY: This notice is for information only and does not become a part or condition of the attached document. TEXAS AVISO IMPORTANTE Para obtene� informacio�l o para someter una queja: Usted puede llamar aI numero de telefono gratis para inforinacion o para someter una queja al 1-&77-751-2640 Usted tambien puede escribir a: 2200 Renaissance B1vd., Ste. 400 King ofPrussia, PA 19406-2755 Puede comunicarse con e1 Departa3nento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al l -800�252-3439 Pued.e escribir al Departan�e�lto de Seguros de Texas Consumer Protectio�l (111-1A) P. O. Box 149091 Austin, TX 7$714-9Q91 FAX # (512) 490-1007 Web: htip://www.tdi.texas. o� E�maiL• ConsuinerProtection cnro,tdi,texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una dispuia concerniente a su prima o a un recIamo, debe comunicarse con el agente o primero. Si no se resuel�e la disputa, puedc ento�lces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se coi�vierte en parte o condicion del docuznento adjunto. NP 7Q G8 09 01 LMS-'E5292 10715 STREET LIGHTING ao ns n� nnr - am rRoensac Pnec 2 oF3 SEC710N 00 42 43 beveloper Awarded Projecfs - PR6POSAL FORM UNIT PRICE BID Bidder's Application Project Iteni IId�nG�[iifiYioi7 Hiddce's Prn�rosal BidGst �Descriptiou Specifiration Seclinaa Na. �hait of ➢id Unir Piice Aid Vxlue ItemNo. Me�i.sure Qunnlity UNfT V: STREET L1GHTiNG IMPRO E,MkNTS 05.3Q15 2' CONOT PVC 8CHy80 (7� _ 26 65 33 LF 3122 $6.87 $29 448.14 ._.., ., _.�.�.�.._„__.�_.._�._..�...._._ _ . ,..—m.r . _ . �.. .�....�...,,. 2, 3441..3110, lhslall L�htin� Fixfure 34 41 2� EA 17 $55.00 $935.00 . ._ 3 3441 3201 LE� Ll�htin�Fixfure � 34 41_ 20 EA 17 $998 00 $3L386.0� _. _ _...... 4 34A1 3301 _Rdw�+ ilfum Foundation TY 1 2, and 4 34�41 20 EA 17 $1 003.b4 $17,�6p;i8 .__ .�„�,m ., 5 344� 3302 Rdwy Ill�m Foundatron TY 3 5 6� and 8 � 34 A1 20 �� EA 17 �� $1,768.04 $30,Ob6.00 __ _...� �.._._,._ _ .�_. .� __.... ... ..._.__. . 6 344L14a8 N� 6 Insulated Efec Condr 34 41 90 � l.F 9366 $�.58 � $5,432.28 _ _ . _ _ . .. ... . . .... .... .. ... _. . ._ _ __ _..._ ... _ _ ._ . TQTAL UNlT VI: STREET LlGH7 INEpROVMENTS $78,297.$0 CLTY �F FORT WOR'1'[1 99 47 a3 sid proloopnf I.nke Visln R.ivcL P6 5€.iehfulg STANIIAI'il) L10MS7'.RUCTIDN BE'BCLCICAT3aN PaCiJN€GN"i'S - DFVLLOI'ER AWAAIIEI] PAtNLC'I'3 C�eke Viate rzmicb �'hnw 5 CPN W2289 l�onn Vaix'�on April :.2014 00 12 A3 i�elF - DlU PRUYUSAL Pnga 3 af3 SEGTiON 00 42 43 Deveioper Awarded Projects - PROPOSAL FORM UNli PRI�E �I� �idcler°s Appl�cafiion Projecl Itean Inf'onu:�tinu Bitlder's P3 npnsril Bidlist Beseriptim� SpecificatinnSecciunNo, fJnitof p�t� UviYPrice B€d�r:�Eue IteiuNu, Nlexsure Q�iaulily Bici UNIT VI: STREE7 LIGN7ING IMPROVEMENTS Co�ih-�ictor wga�ecs io cotr�plele �S'Odtiti f�t• rI;VAL A�C:CEPYANC� wffl�ln 3tl +vni•ltlttg �tlays :ittei• the c3nte tehcu tise C9NTLa�4C'f comtocas�es lu ruo nR €�ro5�'tcfed I[i tl�e Gal�el'ttI Cn¢dit"sai�s. G:VD OT S��'Tf4M .�,��� CCCS' Of rUAY tYc7Rl'i�C �0 4? �b oid Pcvpnxnl Lnh� \'isla Itn3reh Ph s Liµhrtn� af�,NfiAR➢CUNS'fRUCi[UNSPBC'I['ICATIONUocYItiE[f�ar5-D[;v1:I;ppCltaW:UtUF�PRU.�CTS L��ke}+�stuAnucli�lt�ne 5 CpN!p2.8n r rn� vufsi�n np�al z. zn� �� U045 i� UAf' PRE.QUALIF1cA'.fION 51'A'1'PIvlENT P��ge 1 of € �ECTION 00 4S l2 I�AP' —1'R�.QT.JALIFICATiOI�i STAT��iEl�l�ri' �ach �iclder is r�quired to cot��plete the info�-inatiQn below by ir,�e�tifying i�� preq�i�lifiecl cont�•ac[ors and/oi• suUrob�tractars who�z� tlzey intend to utilize for tl�e in�jor work type(s)1'rsted. In tl�e "iVla�ar Wo��Ic ri'y�e" bt�x provide the com�l�te maiQr work type and, actual descri�tio�a as �rovicied, by,thE Water De art�r,etit for watei• a.nd sewer ane� ri'PW for avin . Ma9o�• Waa•ic Ty�� Contractor/Subcania•aeto�• Conzpany l�ia�ne PrequalificaC�on Ex iration Date STFt�EET LIGHT INBEPEP�tI]�IkT'� LTT'i�,iTY U4/03/2U21 IM�ROVEME.NTS CONSTRUCTTOI�T,INC, The t�ndersi��ed he�•eby cez'tzfies thit the con�iacCors anci/o�° su�con�tactozs de�eri�ed in the tab�e above are c�.�����ent�y preqt�ali�'iecl for the �vo�'k 4ypes lisied. �II�I)E1Z; �rDEFEI�ENT iJT�L�TY CQNSTRUC'I'IC)N, II�iC. S i09 SUN �IA1.LL�.Y DR. k'ORT WOR`iH, TX 7C11) BY: Ri rd Wolfe i�nal�are) TiTLE: President DA'I'E: 3-04�20 END OF SEC'I'I�N cin o� KnarwaarH STANOARD LONSTftUCTiON PREQUAi.IFICATIOIV STAT�UENT— DEV@IOPER AWAR�E� PftOJ�CTS 00 45 12_prequalifEcafivn StaYemen2 207.5_DRP Street LIgItTs Farnt Version Septzml�er 1, 2�15 094526-1 C:Ol�l'RP.C;TOR CONtPL1ANCE tiVITI-F WO'RI{FR'S COMPrNSA`£IOi�1 f,AW P���e 1 af I 2 � � 4 5 b 7 8 9 io 11 12 13 14 ,l 5 16 17 18 19 24 zi �z z3 24 25 �� 27 2� 29 3U 3 I. �2 33 z� �� 36 i7 38 3) 40 � SEC'TIO1V �6[� 45 2G C�N`�'R.ACTOF� C�OMPi,IANCE WIT�I VJORIC�.l�'� COMPEN�ATiON �.AW Pursua�i� t� 'T�xas �aba�� �Code 5ection �06.0�6(a}, as a�nended, Co�gh•ac�Qr cey�ifies th�.t it prov�des woi�ker's coinpensation ili�urance cove�-age .for all of iis e�a��'Eoyeea ei���oycci on City Pz�oje�t l�o. .1(82239. Contractor furt�e�� c�i•tifi�s that, ��uzsuant to Texas �.a�o�� Cod�, ��ctiol� 4()6,09f�{�), as ��ended, it wilt pi�ovirie �o City its slil�conir�ctor's cea•Cificates of co��piianc� with worlce�''s co�i}�en.satio�i coverage. C(��iT�C"�'��o INNI�EPENDENT iTTILT'4� C�IVSTI�UCTT�I�r, �1V�'. Coe�pa�y 5�09 SU�1 V�LL�Y IDRIVE Add�-ess �'�R'T VVO1�TkIe,,TX 7Gi19 Caty/� �ale/Zi� �'�� ��A`�� o� `r�x�s COL��'TY [�� '�AI�ANT' � § By; Richard Wolfe (Piease Prfalt Signature: Title: Pre�ident (;P�ease P��t�t} �EFOf�� �iiE, the u�de�•sig���d �uthoi•ity, oe� this day �e�-so�ga��� a.yapea�ed Richa�d Wolfe , ltnov�ra Co �ne io be t�he �erso� wh�se nalne is s�iisscr�bed �o tk�e fore�ga�amg �nsi�z�tnea�t, ��zd Acicnowledged �r� �ne l#�a! �aels�e sxecuted t�e slme as t$a� �ci and �eed a� fndependent Ut�lity Consfruction, Inc, �_ �or the puiposes aa�d ����sgc{e��ation thcr�iia �Y�i�ess�r.l and in t11e c�pacity ihe�ei� st�ied. R NTY HAND A �� �L OF O��ICE t�is �� day o.� ���� , 20�1..: � � � �. � D ��o4ila� ��� � `���P�vNv�s� �ISl°i%!A GARCIA ��:�: �'�Notary Public, �tate of T�x�s ��'�. '�� Comm. Expires 12-20-?.020 �Q�` �A"�� �4a4 �o� Notary ! D � 30940705 EN1D �F �ECTI�N Cf Tl O�l' FOR"C L�rUltSfi S'fA?VIJAFI7 COiV5T1ZiJC'1�1()l� SPCCIC'IC'ATCi]� DqCUNiEi�ITS Cievisc�l A�xii 2, 7�I4 Piib�tc iri and for �lae ,�tz�te of Texas � i.t�i<E VIS'['x4RA�1CH YT-iASE 5 CP1�[:102259 xxxxxxxworking aosza�-z Developec� Awnrded Project A�reenie��t Page 2 uf4 39 Axt�c�e 4. CONTRACT PRTCE 40 Developer a�rees to pay Conlractor for performaace of the Work in accardance with the Con�tact 41 Documents an azz�ount in current f�mds of SEVENTY E�GHT THOUSAND TWO 42 HUNDR�D NINETY SEVEN AND 601100 Dollars ($78,2�7.G0). 43 Articic S. CONTRACT DOCUM�NTS 44 5.1 CONTENTS: ' 45 A. The Contract Docu�nents which cozz�prise ihe entire agreement between DeveIoper and 46 Contractor concerning the Work consist of the �ollowing: 47 1. This Agreeanent. 48 49 5� 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 �G 67 68 69 70 71 72 73 74 75 76 2. Attaehments to this Agreement: a. Bid Form (As pxovided by Developer) I) Proposal Forrn {DAP Version) 2} �requali�cation S�laEement 3) �tate and Federal doct�ments (prq ject specific) b. Insurance ACORD Forrn(s) e. Paymeni Bond (DAP Version} d. Performanee Bond (DAP Version} e. Maintenance Bond (DAP Version) f. Power of Attorney %r the Bonds g. Worlcer's Compe�isaCiot� AfFidavit h. MBE and/o.r SBE Cornmit�nen� Forrn (if required) 3. Siandard Ciiy General Conditions oF the Constniction Contract For Developez Awar'ded Projects. 4. Supplementary Conditions. 5. S�eci:Fications speci:Fically made a part oF the Conk�act Documents by attachment or, if no# att��ched, as incozpozated by referencc and described in the '�able of Contents of the Pr-oject's Coz�tract Documents. G. Dzawings. 7. Addenda. S. Documez�tation submitted by Conlrac�or priar to Notice of Award. 9. The following which may be delive�:ect or issued a�ez the Effective Date of the Agreement and, if issued, becozne an inco�porated part oF the Contract DocLunents: a. Notiee Co Proceed. b. Field Orders. c. Ch�nge Orders. d. Letter of Final Acceptance. CITY OF FORT WCJR'CH LF,IC� YI5TA RANCH PFIASE 5 S'TANDARD CONSTRUCTTC}N S.PECTFTCATTON DOCUMLNTS - DI;VEL(7YER AWAR.D�D k'EZO,TEC:TB CPN: 1022&) Revised Tune 1G, 20iG 005243-3 Uevelo}�cr Awarded YrojeeY A�reemeizt PEigc 3 af'� 77 Articie b. IloiI}EMNIFICATI�� 7�i 79 80 sr 82 s� 84 85 86 87 $S 89 90 9f )� 9:i 9q. 95 96 �)7 98 G.1 Cut�ir��tor ca�vendbnt� attd a�rees t� ir�[�emnify, i�o.dd h�a°��les� ar�d �efend, at its own ex�e�ise, tite �ity, i�s c�.�'ficerv, s�ervagttc At�d emE�l�yee,�, f�•om anti against �ny �nai Ail cla�nas :�r�si��� out of, c�r alle�ed to arige out of, t.he w�ai°k �nc� servi�.�s t� ib� �aerforir�ed by the ���ntract���, ats ofticers, agenis, em��luyee�, su�cont���ict�rs, lia:en�es oa� in:vitee� unr�er th�� co�at�°ea�k This intiemnificN�i€an �tt•aviqion is ,specific�ll„�ir�t�nd�d �� ot�ei•�te `........ � : . . . . 1 . ..,.... - ' _�� �,,�ma�es being �ncl bc. �tfe�.tiv�, even if it �� f�ile�ed �ar �roven that aii or s�me �f tlae �,._. soi��ht �vere Lai��ed, in whoie or in �,��rt���„a�iv ,�ct, omiss�ode or a�e,�l�enc� o�'t�te citv, Thi,� i�tdem��ity ��rovasia�i is int�ncled to inc�i�de, wi��i«ut limit�ti�n, i�ader�ni[y tmr cost�, exZae�n�es a»d legal fee� �ncu�•red ��y the caty i�i defei�dzn� ��ain�t s��ct� ct�in�s d�nd cNu�es o�' �c�iony. 6.2 Co��ta°a�tor eove�ta��ls and �grees tc� andemr��fy �nd hc�ld lis��mie��, at i�s ova�n ex�eaflse, the �i#y, its �ffti.�ers, sea•van�s and emp[oyees, from �nd �i�tiir�5t �ny dnd �li [oSs, d�mHge e�' de��ru�tion of pr��perty of t�ae city, aa•i�ing c�ut of, or all��e�i to t�a-is� out ot', the wort� d�d s�rvic�9 io �� ��erfo'°med by th� cont�•€��:i�r, fts of.fic��•s, �geuts, em4aloyees, s��abc:a�nta'acto�'s, �acei�sees or invitees eander tlais ��►«�rac;t. 'ThiS �aiil�����f�catit�n �' , � "� �' v -- .., „ ` � Tn �i' it �s a�le�ed or �r�sv�s�on ia s�c.L�fzc.al� intended to ot�erate �t�c� �ie effec;iive c.vi.,,_...,,,...,,,,_ a'a�Y_c:�� ti�Nt al� o�{ st�m� �f the dam�ges bei��� sou�„ht we�`e cau�ed,_in wl���e ma• ia�ai�fa b an a�f o�issioa� �r �e 3i en�;e of the cit. . Artac�� 7. MI�CELLAI�TTE��T� 99 7.1 Terz�s. IO(� �'errt�s used �� this A���eement are c�efirzed iiz Ar�icle i of the Si�ndard �iiy Cn��i��o�as a�' 101 t�e Cc���sl�-uctio�l Contaact for I]evelope�� Awaz�ded Fro,��cts. i0� 7.2 Assignsr�ent of Conh�act. 103 Th�s Agreet�eni, is�cIuding a1I of the Cont�-acC Docurnents �ay no� �e �ssa��ned by thc i 04 Coa�iractflr �ithot�t �h� advanced exU�'ass writte�i co�zsent of the Beve�o�e��. 1(�5 7.3 S�accesso��s and Assigns, 14G �eveiop��� azad Coaxt���ctor each i�inds itself its paz�tn.ez�s, succ�ssors, assig��s a:nd Ie�al IG7 rep�°esentatives to llie oiher party hereto, in respect to ail coveti.ants, �g���e��►et��s aa�c� i 08 od�l�gai�ons co��iained in #he Cont��act Doctunents. l�9 7.4 Se�erab���ity. 110 Any ��ovision or �art of thc Contract Doe�ur�e�ts heid to be u�iconstit�a�ioz�al, vo�.d o� I11 u�en9'o�'ceable by .a COLlTt of eotnpetent ;juriscliction sliall be de�sr�eci si�alcen, and aIl 112 remaiaair�� peovisions s���l coixtinue to be valicl anc� binciing u�on DEVELOPE� at�d 113 COI�iTRACTOi�. 1 i4 7.5 Ga�ver«in� Law and Venue. 215 Th�s Agreez�en�, izicltiiclin�; all of t;hc Contraet DoeLun�nls is pe�•foiYna%le �n the Stale of i 16 Texas. Ven�ie shall be T�r��anl Co�i�lty, Texas, or lhe U�lited St�etes D�st�act Cs�urC for the 117 Northean District of Texas, For� Woxth Division. c�'rY or Fort� wortTx r��.tc� vx�'r� aa�rrc�� �r��sr s STANT3AA[7 CONSTRUC�'ION Sl'NCIT'TCATIOI�d DOCUNIENTS — DF,V'ELpPriR AWARDis'U PRO.iEC'I'S CPNt 10�289 Reo�ised JuExe'lC,2DIG OU5243-4 Develaper Aw�rded Project Agreemeut Pa�e 4 of � lTg l t9 7.E Authority io Sigr�. �2Q Co��tzactor sl�a�l ait�ch evidencc of az�tl�ority to szgn Agreement, if olher than di�ly 121 anthorized signatory of tihe Contrlctor. 122 123 124 125 I2G 127 IN WITNESS WH�.�{EOF, d�cvelo��e1• and Contractor .have executed this Agreemen� in multiple cot�ntetpal�ts. This A��eemen! is effectivE as of the l�st daie �agned by the Parties {"Effective ID�te") C ot�tractoz: INDEPENDEN`I' UTILITY C�1�ST �'��� Ii�i�. B: � � �� Richard ►Nalfe (Prinied Nataae} Title; Pr�sident Company N�n�e: Adc3zess : 5].09 �L11`� V�iL�.,E�' DR, Develo��er: BN� VT�TA DEVELf�P11rIEl�iT, LP a xa � c� ..�- B (5ign�i�zre) B, NELSON MTTCHELL,, .1R. (Printed Name} Title: PRF�IDENI' Comp�rAy name: Adc�ress: 1038 TEXAN TRAIL City/Siat�/Z��: City/St�te/Zip: FfJRT /V�QRTH� T.X G1�.9 �� GRAP NE, 'I'EXAS 76058 P �+"' P Date Date � ��y��� e s g e e�prr r���� ���� �,�i�STR(1G, g��P a ��1�� ���yam�e�d � �°� � � ��� � ,� a, ° �„p �4,� "�a,` ,... ¢ �� � �e��� � C> c' � = � � ���L�� � � � �e �� � � � ; ,�' °b w ,„ ,�r � °",�f ��,� °•0 y 57���W�,�ti, �,�� '�� �i �e��me��W ��� s����A��f a 1 �A� 0��`q`� ('ITY Ol� 1bRT WC}ItTfi L�-�'� VISTE! RAIVCH PTiAS� 5 STAND.ARD CON'STRUCTION SPECIFIC'AT.ION DOCUMENTS — I?EVF_T.OPER AGVAP�DLf� 1'RU,TECTS CPN: I022A9 Revised 7sme IG, 201C> 00 61 l3 - l PERFORMANCE BOND Page ( of 2 Bond No. 0747b5K 1 z 3 4 5 6 7 8 9 10 11 12 Z3 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 PBR�'ORM�NCB BOND § § KNOW ALL BY THESE PRESEAITSe § That we, Independent Utility Construction, Inc. , lcnown as "Principal" herein and Westf`teld It�surance Coznpany , a corporate surety(sureties, if more than one} duly authorized to do business in the State of Te�as, Ecitown as "Surety" herertn (whether one or more), are held and firmly bouiad unto the Developer, BNM Lake Vista Develo meztt LP authorized to do busitiess in Texas ("Developer") and the Ciry of Fort Worth, a Texas �xiunicipal cotporation ("City"}, in the penal sum of, Seventv-Ei�ht Thousand, Tvvo Hundred Ninety-Seven_Dollaes & Sixty Cents ($78,297.60� lawful money of the United States, to be paid in For� Worth, TarranE 14 County, Texas for tlie payment of wh�ch sum well at�d truly to be made, jointty unto tl�e Developer 15 and t��e City as dual obliges, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. I7 WI�ERE.�S, Developer and City have entered info an Agreement for the construction ot� 18 community facilities in the City of Fort WorYh by and through a Community Facilities Agreemer►t, 19 CFA Number 20I9-0154 ; and 20 21 22 23 24 25 WHER�.�S, tlae Princi�al has eEltered into a certain writ�en contract witit the Developer awarded the ?� day of ��{qi"Gl1 , 20?D, which Contract is hereby referred to and made a part liereoi%r all purposes as if fu�ly set fot�h �ierein, to furnish alI materials, equipment labor and otlaer accessorzes deftned by faw, in the prosecution of the Work, inc]uding any Change Ordexs, as provided for in said Contract designated as Street Lightin� Im�rovements to ser�e Lake V ista Rancli Phase 5. 26 NQdV, THEREFORE, th� coi7ditio�l of tliis obligatiort is such that if the said Principal 27 shall faithfully perfonn it obligations under the Contract and shall in alI respects duly and faithfully 28 perform the Wor[c, incEuding Change Orders, under the Contract, according to the pians, 29 30 31 specif'tcations, ar�d contraci documents therein referred to, and as wel! dur�ng any period of extension of the Contract that may be granted on the part of the DeveIoper and/or City, then this obligation shalE be and becotne null and void, otherwise to remain in full force and effeci. CITY Ol� I'OKT 4VOR'iH Lake Vista Ranch Phase 5 STANDARD CITY CO[�1DITIONS — DEV�LOPCR AWARDED PROJECTS City Project No. iD2289 Aevised January 3l, 2012 00 61 l3 - 2 PERFQI�tv(A1�fCE BOND Page 2 vf 2 Bo�a �ro. o�a76s� 1 PRQ�II)EB FURTHER, that if any legal action be fi[ed on this Bond, venue shall lie an 2 Tarrant County, Texas or the United States District Court far the Northern District of Texas, �'ort 3 Wor�h Division. 4 This bond is made and executed in coinpiiance with the provisions of Chapter 2253 of the 5 Texas Goverttt�n.ent Code, as amended, and all liabilities on this 6ond shall be dete��ned in 6 accordance with the provisions of said statue. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2b 27 28 29 30 31 32 33 34 35 3b 37 38 Il\i �VITNESS �HEREOF, the Principal and the Surety have SIGNED and SEAL�n t1�is instrument by duly authorized agents and officers on this the �day of �h , 20'zo . AT�' S : uJ { rinci Secretary �tness as to Pr'sncipal �.�.� �� �-�.�.��-. Witlt�as to Sw'ety Elizabeth G�'ay PRINCIPAL: INDEPBNDENT UTILITY CONS`I' .,TION INC. BY: S ig ature Richard Wolfe, President . _ Name and Title Address; 5� Q9 Sun Vallev Drive Fort Worth, Texas 76119 SURETY: WESTFF�LD TNSURANCE COMPANY r '� BY: � ,:� .,�� � Signature Kyle W. Sweenev, Atiornev-in-Fact Nazne and Title Address: 555 Republic Dr��e, Suite 450 Piano, Texas 75074 T Telephone Number: 972-516-2600 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a cei�ified extract 4I from the 6y-Iaws showing that tliis person has authori#y to sign such ob[igation. Ii 42 Surety's physicai address is different from its inailzng address, �oth must �e provided. 43 The date of the bond sha[l not be prior to the date the Ca�ltract is 'awarded. CITY QF FOftT WQRTI-I Lake Vista Ranch Phese 5 STANDAItD C[TY CONT?C�"IONS — DEVELOPEI2 AWAl2DED PIZOJECTS City Project No. 102289 lZevised January 31, 2012 oasi ia• f PAYMEN'C BOND Page I ok'2 �ond No. 070765K 1 2 3 4 5 6 TH� STATE OF TEXAS COUNTY O� TARItANT SECTION OU 52 14 PAYMENTBOND § § KNOW A]LL B�' THESE 1��iESENTS: § 7 That we, Independent Uti[it,.y Construction, Inc. ,�cnown as "Principal" herein, 8 and West__field_Insurance Company , a corporate surety (or sureties if more ihan 9 one), duly authorized to do business in the State of Texas, known as "Surety" hereit� (whether one [[�7 11 or more), are held and itrtz�ly bound unto the Deveioper BNM �.alce Vista De�elopment. LP. authorized to do business in Texas ("Developer"), and the City of Fort Woi-fh, a 7'eacas municipal 12 corporation ("City"), in the penal sum of Seventy-Ei�ht "I'housand, Two Hundred Ninet�-Seven 13 Dollars & Sixty_Cents ($78,297.60) lawful money of the United States, to be paid in Port Worth, I4 Tarrant County, Texas, for the payment ot' which sum we[l and truly be made jointly unto the 15 Developer and City as dual ob[�gees, we bind ourselves, our heirs, executors, administrators, 16 successors ar�d assigns, jointly and severally, ftrm[y by these presents: 17 18 19 2fl 2t WHEREAS, Developer and City have entered into an Agreement for th� construction of community facilities in if�e City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 20I9-0154 ; and WHEREAS, Principa] has ent�red inCo a certain written Contract with Developer, awarded th� � day of ��;,h , 20��, which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set fortl� herein, to furnish al] materials, �quipment, 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 5treet Li htin Itn rovements to serve Lake Vista Ranch Phase 25 5. 26 NOW, THER�FOItE, THE CONDITION OF THIS OBLIGATION is such that if 27 Princ[pal shall pay all 3z3onies owing to any (and all) payment bond bene�ciary (as defined in 28 Chapter 2253 of the Texas Government Code, as a�nended) in the prosecution of the Wor[c under 29 the Contract, then this ob�igation shall be and become nult and void; otherwise to remaiz�. in full �a 31 32 force and effect. C[�'Y OF FORT WORT'Ei Lake Vista Ranch Phasa 5 STANDAkZD CC['Y,CONDIT'[ONS -- DEVELOPER AWARDED P20JLCTS City Project No, I02289 Revised .lanuary 3l, 2412 006114-2 PAYMENT BOND Page 2 of 2 Bond No. 0707b5K 2 3 4 5 6 This bond is made and executed 'tn compiiance with the provisions of Chapter 2253 ofthe Texas Government Code, as amended, and aIl liabi[�ties on this bond shall be determined in accordance with the provisions of said statute. I�1 WIT�1�+ SS WH�+ REO�', the �rincipal and 5urety have each SIGNED and SEALED this instrumant by duly author�zed agents and officers on this the 6 day of t'E,�a , 20�� Richard Wolfe, President Name and Title 7 8 9 10 11 12 13 l4 ATTEST: r� ; ` �o {Surety) Secretary Franlc A. Care•ino �'-c�,� � A. .1�"-� Witnes s to Surety Elizabeth Gray PRINCIPAL: INDEPEND�N UTfLITY CONSTRUC N INC. BY: S ignature Address: 5109 Sun �Ialle Drive Port Worth, Texas 76I 19 SURETY: W�STFIELD INSLJR.ANC� COMPANY B Y: ,�.,,�'�.�L.�' S nature Kyla W. Sweene� Attorney_-in-Fact Nam.e and Title Address: 5S5 Rapublic Drive� 5ui�e 450 P[ano, Taxas 75074 Telephone Nwnber: 972-515-260Q Note: If signed by an officer of the Surety, tlzere must be on file a certifted extract fi�om the bylaws showing that this person has authority io sign such obligation. If Surety's physical address is different fronn its rzzailing address, both must be provided. T��e date of the bond shall not be prior to the date the Contract is a��arded. EIVD OF SECTIOIV CITY OF fORT WORTH STANBARD CITY CONDITIONS — DEVELOPGR A WA}2D�b PROI�CTS Revised danuary 3l, 20f2 Lake Vista 2anch PhaseS City ProjectNo. 142289 Witnass as to Princ�pal 00 52 l9 - 1 MAINTENANCE BOND Pege I oF3 Bond No. 070765IC 1 2 3 4 5 6 7 8 � � TI�[E STATE OF TEXAS COUNTY O�' TAl[�RAI�TT SECT�4N 00 62 �.9 MAINTENANCE BOND � § ��NOW ALL BY TH�SE PRES�NT�: § That we Independent Utility Construction, Inc. , known as "Pr�ncipal" herein and Westfeld Insurance Company , a corparate surety (suret�es, if mQre than one) duiy authorized to do business in the State of Texas, known as "Surety" [�erein (whether one or more), l 1 are held and firmly bound unto the DevelQper, BNM Lake Vista Development, LP., aut[�orized to 12 do business in Texas ("Developer") and the City of Fort Worth, a Texas mun�cipal corporation 13 ("City"), in the sum of Seventy-Ei h�t Thousand Two Hundred Ninety-Seven Dol[ars & Sixtv �4 Cents $7$ 297.60 lawful money oft[�e United States, to be paid �n Fo�t WorCh, Tarrant County, 15 Texas, for payment of wh[ch sum well and truly be made jo�ntly unto the Developer and the C�Cy m 17 i8 as dual obligees and their successors, we b'rnd ourselves, our heirs, execuiors, admanistrators, successors and assigns, �ointly and severalLy, firmly by #hese presents. 19 WHE�ZEAS, Dev�loper and City have entered into an AgreemenC for the constniction of 20 comm�nity facilzties in the C�ty of Fort Worth by and through a Commun�ty �'acilitias 21 Agreement, CFA Number 2019-0154 � and 22 WHEREA�.�, the Principa� has entered inio a certain wr�tien conC��act with the Deve�oper 23 awarded the � day of , 1v��'Gj� , 20Za, which Contract is hereby referred to and 24 a made par� hereof for all purposes as if ful[y set forth herean, to f�.zrnish ail materials, equipment 25 labor and oCher accessori�s as de�ned by law, i�� the prosecution of th� Work, including any 26 Work resulting from a duly authorized Change Order (collecCively herein, the "Work") as 27 provided for in said Contract and designated as 5treet Lightin� Improvements to serve Lake Vista 28 Ranch Phase S; and �S 30 31 32 33 34 WHEI�EAS, Principai binds itself io use such materials and to so construct the Work in accordance with the plans, specifications and Contract Docunnents tfiat the Work is and will t•emain free fi•om defects in materia�s or workmanship foz� and during the period of two {2) years afier t�e date of Fina� Acceptance of the Work by the C�ty ("Maintenance Period"); and CI'FY OF FORT WORTI-f Lake Vista kanch Phase 5 STANDARD C[TY COIJDITIONS -- D�VELOP6R AWARDED PROlCCTS CiEy T'rojecl No, I02289 Revised January 31, 201Z 1 2 3 4 5 6 7 8 9 10 f1 12 13 14 1S 16 17 18 19 20 21 zz 23 006219-2 MAINTENANCE BOND Page 2 of 3 Bond No. 070765K WH�REAS, Principa[ binds itself to repa[r ar reconstruct the Work in whole or Rn part upon receiving natice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW TH�RE�+ORE, the condition of this obligation is such that [f Principai shall remedy any defective Work, for which timely notice was provided by Deve�oper or City, to a completion satisfactory to the City, then this obligation shall become null and �oid; oiherwise to remain in full force and effect. PROVIDED, HOW�VER, if Principal shall fai[ so to repair or reconstruct any timely noticed defective Woric, it �s agreed that the Deve[oper or City may cause any and all such defective Work to be repaired and/or reconstructe� with all assoeiated costs thereof being borne by the Principa[ and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal actian be filed on this Bond, �enue shail [ie in Tarrant County, Texas or the United States District Court for the No�-thern Diskrict o� Texas, Fori Wor�h Division; and . PROVIDED �+URT�-�ER, that this obligat�on shal� be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OP C'bRT WORTH STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PRO.fEC1'S Revised 7enuary 3l, 20 (2 Lake Vista Hanch Phase 5 City ProjectNo. ]02289 oa6219-3 MAITlTENANCE BOND Page 3 of 3 Bond No, 070765K 1 I1V WITl�ESS W�ER�O�', the Principal and the Surety ha�e each SIGNBD and SEALED this 2 instrument by duly authorized agents and offcers on this the � day of ai�� , 20?�(;. � 5 6 7 8 9 i0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AT'I'EST: PRINCIPAL: INDEPENI��, JT UTILITY CONSTRU ON INC. B�Y: 5� natura Richard Wolfe, Preside�it Name and Title Address: 5109_S_u� Va[lev Drive �'ort Worth, Texas 76! 19 SURE'T'�Y; WESTFIELD INSUR.ANCE COMPANY , BY: � ����C�C,.�--�" Signature K �e W. Sweene Attorne -in-Fact Name and Title 29 � 30 �� � Aadress: 555 Repub[ic Drive, S�ite 450 31 (Surety) Secretary Fran[c A. Carrino Plano, Texas 75074 32 3 3 �� 'P 1 `�., � � / 34 Witnes s to Surety E[izabeth Gray� Telephone Number: 9"12-51G-2600 35 36 *Not�: If signed by an oiftcer oithe �urety Company, there must be on �[e a cerl:ified extract 37 from the by-laws showing that tttis person has authorfty to sign such obl�gation. if 38 SUrety's physical address is dit�Ferent frorn its mailing address, both must be provided, 39 40 41 The date of the bond shall not be ps�ior to tlte date the Contract is awarded. CITY OP FOR7' WORTH Lake Vista Ranch phase 5 STANDA�tD C[TY COt�f�ITfONS — DEVELOPECt AWARD�D PCt07ECTS City Project rIo. 102269 Clevised Janu¢ry 3 f, 2012 IIVIPOR7ANT NOTIC� To obtair� informatior� or make a complaint: You may call Westfield Er�surance Compar�y's and/or �hio Farmers Ir�surance Compar�y's toll-free telephone r�umber for information or to make a compiainfi af: 1-8�0-368-3597 You may also write to Wesffield Ir�surar�ce Company and/or Ohio Farmers Irtsurar�ce Company at; 555 Reputalic Drive, Suite� 450 Pl�rao, Texas 75074-8848 You rnay contact fhe Texas Depar#menf ot insurance to obtain infiormafion on companies, co�erages, rights or compfaints af: '� �800-252-3439 You may write the Texas Depar#ment ofi Insurance: P. O, Box 149104 Aus�in, TX 78714-9104 �ax; (512) 475�1771 Web: htt :l/www.fdi.stafe.tx.us E-mail: ConsumerProfecfion tdi.state.ix.us PREMIUIVI OR CLAIM DISPUT�S: Snoufd you have a dispufe concerr�ing your premium or abouf a cfaim you should contact fhe agenf or Wesffield l�surance Company andlor Ohio Farmers fnsurance Comapny first, lf the dispute is not resolved, you may contacf the Texas Deparfim�nf of f nsurance. A7TA�H 7HIS NOTICE TO YOIJR PO�.ICY: T�is notice is for informafion only and does not become a par# or condifion ofi the aftached docurnent, A1/!SO IMPORTANiE Para obtener ir�formacion o para someter una queja: Usted puede If amar al numero de telefor�o gratis de Wesffield Ir�surance Company's / Ohio Farmers Insurance Company's para informacior� o para someter una queja al: 1-8D0�368-3597 Usted tambien puede escribir a Westfield I�surance Company / Ohio Farmers fnsurance Company: 555 Repuf�lic Drive, Suite 450 Pfano, 7exas 75Q74-8848 Puede comunicarse con el Depar#amenfo de Seguros de Texas para obte�er informacio� acerca de companias, coberturas, derecnos o quejas al: 1-�00-252�3439 Puede escribir a[ Departamento de Seguros de Texas� P. �. Box �49104 Ausfir�, TX 787�4-9�04 Fax: (512) 475-1771 Web: nffp;//www.fdi.sfafe.tx.us �-rrtai[; ConsumerProtection tdi.state.tx.us �ISPUTAS SO�R� PRIIVIAS O RECLAMOS: Si tier�e una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / �hio Farmers lnsurance Company primero. Si no se resuel�e la disp�ta, pu�de entonces cornunicars� con el departamenfo (TDf). UNA ESTE AllISO A SU POLIZA: Este a�iso es solo para proposifo de informacion y no se convierte en parte o condician del documenfo adjur�to. Yl11S FOWER OF ATTORNE!' SUPERCEI��S ANY PR�fOUS POWER SEAFCIrVc� fH15 SAnn� POWER � AND ISSUED PR30R 70 04l20/tY, FOR A�lY PERSON OR PERSONS NAMED B�LOW. Genera! Powe� of Attor�ey CERTlFIED COPY PowER �o. 4zzaasz os 1Nes�f�eEd insurance Go. Westfield Nafional [nsu�ance Go. Ohio Farmers lnsurance Co. Wes�field Center, Ohio Know AI! lvlen by These Presents, 7hat WESTFIELD INSURANCE COt�PANY, WESTFIELD NATlONAL INSURANCE COMPANY and OHIO FARMERS IhlSURANC� COMPAf�Y, corporations, hereinafter referred to individuafly as a"Company" and collectively as "CompaniEs," dufy organized and existing under the iaws of Yhe State of Ohio, and having its pri�hcipal o(flce in Westfieid Cenfer, MEdina County, Ohia, do by Ehese presents make, constitufe and appoint Cl1AR�.ES D. SW��CNEY, MICHAEL A. SWEE�lEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of iX its true and lawful Attorney(sJ-in-Fact, with fulf power and aufhority hereby conferred in its name, place and stead, to execute, aclCnowledge and delive� any and all bonds, recognizances, undertakings, or other instruments or contracSs of suretyship- - - - - - - - - - - - - � � - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � - - - - - - - - - . LiMITATION: TlitS POWER OF ATTORNEY CANNOi BE USED i0 EXECUTE NOTE GUARAN�EE, MORTCrACrE �EFIC[Ef�CY, MOR�GAGE GUARANTEE, OR BA�lK IaEPOSITORY 80ND5. aad to biad any of the Companies.thereby as fully and to the same extent.as if s�ch bonds Were signed by the President, sealed with the Cofporate seal of the applicable Company and duly attested by iYs Seeretary, hereby ratifying anQ wnf rming all that the said Attorney(s)-in-Fact may do in the .prerr�ises. Said appointrr�ent is made under and by authority o� the foilowing resoluCion adopted by the Board of Directors of each of the WESTFIELD iNSURANCE COMPANY, WESTFIELD NATIONA� INSURANCE COMPANY and ONIO FARMERS INSURAHCECOM�AhlY: "8e ft Resolved, that the Pres€dent, any Senior �xecutive, any SecreCary or any Fidelity & Surety Operations ExecuTive or other Executive shall be and is hereby vested with ful{ power and authority to appoini any one or more surtable persons as Attorney(sJ-in-Fact to represent anci act for and on behaff of thE Company subject to the following provisions: The Attorr�ey-in-Fact. may be given fuli power and authortty for and in the narrte of and on behalf of the Corrtpany, to execute, acknowledgea�d deliver, any end all bor�ds, recogn€zances, contracts, agreements of indemnify and other canditionaf or obfigatory undertakings and any and all notices and documents canceling or terminating the Company`s liabiltty 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 CorporaCe Secretary." "Be 1t Further Resolved, that the stgnature of any such designated person and the sea! of tf�e Company heretoFore or hereaFler aFfixed to any power of attorney or any certificate relating thereto by iacsimile, and any power oP al#orney or cerfificate bearing facsimtle 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 meating held on February B, 2000). lrr Witness LVhereaf, WESiFIEf�D INSURANCE COMPAHY, WES7FIELD hlATIOI�AL INSURANCE COMPAhlY and OHIO FARMERS INSURAI�CE COMPANY have caused these p�esents to be signed by their Sanior Execufive and their corporate seals to be hereto affixed ttlis 20th day of APE71L A.D., 20�1 . Corporate �.tl�sU��ffc,,,! . `,,,.PS�����'��•,, � . ��SU"��•„ V1fESl"FiELD INSURANC� COMPANY seals � •�- •• .,1 � ` �a ` ••!ys� ' = ��,5 "�%�.c�,y �1�5-fFEELD NAl-IOI�AL lNSURANCE COMPANY Affixed v .n.� � = : O- L �= ?` ...•+ • ���=.5�-.�1 �T0. �,�; �w,, �T .�z�� �����ARTER��.�� OHIO FARMERS f�fSEJRANC� COMPANY ? �� ✓�,l"r.�-� �A � =u~i' �El`li� ,m= _a' ;-�'_ - ` � 7 • ,3c, ��` � : �� : : n � �� :, 1 B 4 8 ; � : � � �'�'�•-.�...a��,� * �.o' •' .,;;,- • By. ' '-"°"a.....«�'"'' '���.�����„�„•�•' '•�,.;..��,....•�''� Skata of Ohio Richarcf L. Kinnaird, Jr., Nationa! Surety Leader and County oF Medi�a ss.: 5ertior Fx�cutrve On this 20tn day of APRIL A.D., 2011 , before me persona€ly came Richard L. Kinnaird, ,ir. to me known, wfzo, being by me d�ty sworn, did depase and say, that he resEdes in Medina, Qiio; that he is Senior EXe��Iti�e of WESTFlELD IHSURl�NCE COMPANY, WESTFIELD NAifONAL. fNSURAI�CE COMPAhlY and OH�O FARMERS tNSURAHCE COMPANY, the companies described in and +�vhich executed the above instrumeret; that ha knows the sea[s of said Companies; thaE the seats aFfixed to said instrurrtent are such corporate seals; that they were so a(fixed by order of the Boards of Direcfors of said Cornpa�ies; and that he signed his name thereto by fike order. Nota ri a f ` N,,,..,<�w,,,, , Seal `� �� A � `'�'• � Afrxed �P- 11'1% 5���' a : ��\. �j•. y '� z ��:=.+�.� :. r . • - • Wlfiam ,i, Kahelin, A rney at Law, Notary Pu61ic State of Ohio �_ � a, �� p f�[y Commission Does Not Exp€re (5ec. 147.03 Ohio Revised Code) County of Medina ss.: y .T , ..T�OF�, I, Frank A. Garrino, Secretary of WESFFIELD I,NSURAHCE GOMPAhlY, WESTFiELD f�ATIONAL INSURAhlCE COMPANY and OHIO FARM�RS IHSURANCE COMPANY, do hereby, certify fhat the above and faregoing is a Crue and correct copy of a Power of Attorney, exec�ted by said Cqmpanies, which is still in Ti�fl force and effect; and furthermore, the resofutions of tt�e Boards of Directors, set otEt In the Power oF Attoraey are in f�ll force and effect. fn Witness SNhereof, I have hereunio set my hand and affixed Ehe seals oF said Compa�ie.� at Westfield Center, Ohfo, this day of rr;��VfI��C�, ' �,o r. ' �,' ••, � "'=F /]�'�1}�5Q � ��.' qfY i W� ��-� I�Af r� =+�'1� '•• .3c. f� f� � .. ... f .,.���,....., '`o`���t�n+��,NSG�' _ �': -._ � _y ' "' S EAL -"' -�: :m= �u,�. :n; _y�' �°- k ; �t�a's,`U�;4., ����t1l�RTER�O -� � ��•. i�ae :� - � � .... • - ��ir�n.�.�.�.. ��`�"� � �� � ,.� secrelary Fra�k A. Carri�a, 5ecrefa�y BPOAC2 (combined) (06-02) CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1  1.01 Defined Terms ............................................................................................................................... 1  1.02 Terminology .................................................................................................................................. 5  Article 2 – Preliminary Matters ......................................................................................................................... 6  2.01 Before Starting Construction ........................................................................................................ 6  2.02 Preconstruction Conference .......................................................................................................... 6  2.03 Public Meeting .............................................................................................................................. 6  Article 3 – Contract Documents and Amending ............................................................................................... 6  3.01 Reference Standards ..................................................................................................................... 6  3.02 Amending and Supplementing Contract Documents .................................................................. 6  Article 4 – Bonds and Insurance ....................................................................................................................... 7  4.01 Licensed Sureties and Insurers ..................................................................................................... 7  4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7  4.03 Certificates of Insurance ............................................................................................................... 7  4.04 Contractor’s Insurance .................................................................................................................. 9  4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12  Article 5 – Contractor’s Responsibilities ........................................................................................................ 12  5.01 Supervision and Superintendent ................................................................................................. 12  5.02 Labor; Working Hours ................................................................................................................ 13  5.03 Services, Materials, and Equipment ........................................................................................... 13  5.04 Project Schedule .......................................................................................................................... 14  5.05 Substitutes and “Or-Equals” ....................................................................................................... 14  5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16  5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16  5.08 Wage Rates.................................................................................................................................. 18  5.09 Patent Fees and Royalties ........................................................................................................... 19  5.10 Laws and Regulations ................................................................................................................. 19  5.11 Use of Site and Other Areas ....................................................................................................... 19  5.12 Record Documents ...................................................................................................................... 20  5.13 Safety and Protection .................................................................................................................. 21  5.14 Safety Representative ................................................................................................................. 21  5.15 Hazard Communication Programs ............................................................................................. 22  5.16 Submittals .................................................................................................................................... 22  5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24  5.19 Delegation of Professional Design Services .............................................................................. 24  5.20 Right to Audit: ............................................................................................................................ 25  5.21 Nondiscrimination....................................................................................................................... 25  Article 6 – Other Work at the Site ................................................................................................................... 26  6.01 Related Work at Site ................................................................................................................... 26  Article 7 – City’s Responsibilities................................................................................................................... 26  7.01 Inspections, Tests, and Approvals .............................................................................................. 26  7.02 Limitations on City’s Responsibilities ....................................................................................... 26  7.03 Compliance with Safety Program ............................................................................................... 27  Article 8 – City’s Observation Status During Construction ........................................................................... 27  8.01 City’s Project Representative ..................................................................................................... 27  8.02 Authorized Variations in Work .................................................................................................. 27  8.03 Rejecting Defective Work .......................................................................................................... 27  8.04 Determinations for Work Performed .......................................................................................... 28  Article 9 – Changes in the Work ..................................................................................................................... 28  9.01 Authorized Changes in the Work ............................................................................................... 28  9.02 Notification to Surety .................................................................................................................. 28  Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28  10.01 Change of Contract Price ............................................................................................................ 28  10.02 Change of Contract Time............................................................................................................ 28  10.03 Delays .......................................................................................................................................... 28  Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29  11.01 Notice of Defects ........................................................................................................................ 29  11.02 Access to Work ........................................................................................................................... 29  11.03 Tests and Inspections .................................................................................................................. 29  11.04 Uncovering Work ....................................................................................................................... 30  11.05 City May Stop the Work ............................................................................................................. 30  11.06 Correction or Removal of Defective Work ................................................................................ 30  11.07 Correction Period ........................................................................................................................ 30  11.08 City May Correct Defective Work ............................................................................................. 31  Article 12 – Completion .................................................................................................................................. 32  12.01 Contractor’s Warranty of Title ................................................................................................... 32  12.02 Partial Utilization ........................................................................................................................ 32  12.03 Final Inspection ........................................................................................................................... 32  12.04 Final Acceptance ......................................................................................................................... 33  Article 13 – Suspension of Work .................................................................................................................... 33  13.01 City May Suspend Work ............................................................................................................ 33  Article 14 – Miscellaneous .............................................................................................................................. 34  14.01 Giving Notice .............................................................................................................................. 34  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34  14.03 Cumulative Remedies ................................................................................................................. 34  14.04 Survival of Obligations ............................................................................................................... 35  14.05 Headings ...................................................................................................................................... 35  00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1.Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2.Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3.Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B.Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1.shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2.shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C.Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D.All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E.All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A.Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B.Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C.Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D.Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E.Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Lake Vista Ranch Ph 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102289 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Lake Vista Ranch Ph 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102289 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Lake Vista Ranch Ph 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102289 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a.Name of manufacturer b. Name of vendor c.Trade name d. Catalog number 2.Substitutions are not "or-equals". B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Request for Substitution - General 1.Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a.When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a.Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A.See Request for Substitution Form (attached) B.Procedure for Requesting Substitution 1. Substitution shall be considered only: a.After award of Contract b. Under the conditions stated herein 2.Submit 3 copies of each written request for substitution, including: a.Documentation 1)Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a)Manufacturer's name b) Telephone number and representative contact name c)Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a)Size b) Composition or materials of construction c)Weight d) Electrical or mechanical requirements 4) Product experience a)Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c)Available field data and reports associated with proposed product 5)Samples a)Provide at request of City. b) Samples become the property of the City. c.For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C.Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 4. Substitution will be rejected if: a.Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c.In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A.Will the undersigned contractor pay for changes to the building design, including engineeringand detailing costs caused by the requested substitution? B.What effect does substitution have on other trades? C.Differences between proposed substitution and specified item? D.Differences in product cost or product delivery time? E.Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B.Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a.If recorded, tapes will be used to prepare minutes and retained by City for future reference. B.Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a.The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a.Developer and Consultant b. Contractor's project manager c.Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 e.Other City representatives f.Others as appropriate 4. Preliminary Agenda may include: a.Introduction of Project Personnel b. General Description of Project c.Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e.Contract Time f.Notice to Proceed g.Construction Staking h. Progress Payments i.Extra Work and Change Order Procedures j.Field Orders k.Disposal Site Letter for Waste Material l.Insurance Renewals m.Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r.Legal Holidays s.Trench Safety Plans t.Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v.Storm Water Pollution Prevention Plan w.Coordination with other Contractors x. Early Warning System y.Contractor Evaluation z.Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc.Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii.Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 31 20 - 1 DAP PROJECT MEETINGS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 SECTION 01 31 20 PROJECT MEETINGS [Specifier: This Specification is intended for use on projects designated as Tier 3 or Tier 4.] PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B.Deviations this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a.If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B.Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a.Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a.Location of meeting to be determined by the City. 3. Attendees 01 31 20 - 2 DAP PROJECT MEETINGS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 a.Contractor b. Project Representative c.Other City representatives 4. Meeting Schedule a.In general, the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held. C.Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a.Coordinating shutdowns b. Installation of piping and equipment c.Coordination between other construction projects d.Resolution of construction issues e.Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a.Contractor's project manager b. Contractor's superintendent c.Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e.City’s representatives f.Others, as requested by the Project Representative 5. Preliminary Agenda may include: a.Review of Work progress since previous meeting b. Field observations, problems, conflicts c.Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e.Review of construction interfacing and sequencing requirements with other construction contracts f.Corrective measures and procedures to regain projected schedule g.Revisions to construction schedule h. Progress, schedule, during succeeding Work period i.Coordination of schedules j.Review submittal schedules k.Maintenance of quality standards l.Pending changes and substitutions m.Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request 01 31 20 - 3 DAP PROJECT MEETINGS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 p. Review status of Requests for Information 6. Meeting Schedule a.Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a)City b) Engineer c)Contractor 7. Meeting Location a.The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 16 - 1 DAP CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289Revised July 1, 2011 SECTION 01 32 16 CONSTRUCTION PROGRESS SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document 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 A.Definitions 1. Schedule Tiers a.Tier 1 - No schedule submittal required by contract. Small, brief duration projects b.Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c.Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d.Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e.Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2.Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3.Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. 01 32 16 - 2 DAP CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 4.Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B.Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A.Baseline Schedule 1.General a.Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c.Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B.Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a.Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C.Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a.Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a.No additional cost for such work will be considered. 01 32 16 - 3 DAP CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 D.The Contract completion time will be adjusted only for causes specified in this Contract. a.Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a)The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a)Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a.No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a)No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a.Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. 01 32 16 - 4 DAP CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 c.Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E.Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a.Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a.In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A.Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a.Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B.Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C.Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D.Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. 01 32 16 - 5 DAP CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B.Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C.Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative and procedural requirements for: a.Preconstruction Videos B.Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a.Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a.Shop Drawings b. Product Data (including Standard Product List submittals) c.Samples d. Mock Ups B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2.Coordination of Submittal Times a.Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a)Disapproval and resubmittal (if required) b) Coordination with other submittals c)Testing d) Purchasing e)Fabrication f)Delivery g)Similar sequenced activities c.No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B.Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a.Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c.Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C.Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a.Field measurements b. Field construction criteria c.Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a.The Contractor's Company name b. Signature of submittal reviewer c.Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D.Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a.Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c.Product Data /Shop Drawings/Samples /Calculations E.Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a.Contractor b. Supplier c.Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F.Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a.Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c.Setting diagrams d. Actual shopwork manufacturing instructions e.Custom templates f.Special wiring diagrams g.Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i.As applicable to the Work 2. Details a.Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G.Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a.Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 7)Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H.Samples 1.As specified in individual Sections, include, but are not necessarily limited to: a.Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I.Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J.Submittal Distribution 1. Electronic Distribution a.Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a)3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c.Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a)3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 a.Shop Drawings 1) Distributed to the City 2) Copies a)8 copies for mechanical submittals b) 7 copies for all other submittals c)If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a)4 copies c.Samples 1) Distributed to the Project Representative 2) Copies a)Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a.Provide number of copies as directed by the City but not exceeding the number previously specified. K.Submittal Review 1.The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a.Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c.Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a.All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a.Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a)When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a)The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c.Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a)The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c)Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a)The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a.Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a)At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c.The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a.City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c.The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L.Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M.Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N.Request for Information (RFI) 1. Contractor Request for additional information a.Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c.When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Testing and inspection services procedures and coordination B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a.Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a)Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a.When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a.Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a)1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a)Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a)Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a.Name of pit b. Date of delivery c.Material delivered B.Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a.Temporary utilities b. Sanitary facilities c.Storage Sheds and Buildings d. Dust control e.Temporary fencing of the construction site B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Temporary Utilities 1. Obtaining Temporary Service a.Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c.Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a.Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c.Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a.Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a.Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a.Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B.Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a.Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a.Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c.Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C.Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a.Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D.Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E.Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a.Contractor remains on-call at all times b. Must respond in a timely manner F.Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A.Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A.Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised JULY 1, 2011 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 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Administrative procedures for: a.Street Use Permit b. Modification of approved traffic control c.Removal of Street Signs B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A.Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A.Traffic Control 1. General a.When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B.Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a.To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C.Modification to Approved Traffic Control 1. Prior to installation traffic control: a.Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D.Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E.Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F.Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a.Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a.Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A.Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A.Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A.General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 B.Construction Activities resulting in: 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 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a)Section 31 25 00 b) The Drawings c)TXR150000 General Permit d) SWPPP e)TCEQ requirements 3. 5 acres or more 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. 1.5 SUBMITTALS A.SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a.Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a)City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised July 1, 2011 B.Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Temporary Project Signage Requirements B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A.Design Criteria 1. Provide free standing Project Designation Sign in accordance with City’s Standard Details for project signs. 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 B.Materials 1. Sign a.Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A.General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B.Mounting options a.Skids b. Posts c.Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A.General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. References for Product Requirements and City Standard Products List B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 - Construction Documents\Standard Products List B.Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C.Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. D.Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. E.See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a.Handling b. Exposure to elements or harsh environments B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A.Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B.Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C.Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a.Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a.Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a.Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a.Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A.Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B.Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A.Protect all products or equipment in accordance with manufacturer's written directions. B.Store products or equipment in location to avoid physical damage to items while in storage. C.Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Requirements for construction staking and construction survey B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Construction Staking a.Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a.Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A.Submittals, if required, shall be in accordance with Section 01 33 00. B.All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A.Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a.Certificate must be sealed by a registered professional land surveyor in the State of Texas. 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 B.Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a.Contact City’s Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a.Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor’s neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B.Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a.Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c.It is the Contractor’s responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a.Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a)Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a)Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c)Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c.Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor’s use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A.It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B.Do not change or relocate stakes or control data without approval from the City. 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 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A.Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A.Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a.Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A.General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 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] 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1.The procedure for closing out a contract B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A.Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B.Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A.Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A.Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 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 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E.Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a.Final Payment Request b. Statement of Contract Time c.Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e.Pipe Report (if required) f.Contractor’s Evaluation of City g.Performance Evaluation of Contractor F.Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a.Traffic Controllers b. Irrigation Controllers (to be operated by the City) c.Butterfly Valves 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.Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A.Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A.Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a.Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c.Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e.Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f.Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a)Title of Project b) Identity of separate structure as applicable c)Identity of general subject matter covered in the manual 3. Binders a.Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B.Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a.Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c.List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a.Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a.Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c.Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a.Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a.Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C.Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a.Manufacturer's data, giving full information on products 1)Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a.Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D.Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a.Description of unit 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. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c.Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e.Manufacturer's printed operating and maintenance instructions f.Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g.As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 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. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a.Record Drawings b. Water Meter Service Reports c.Sanitary Sewer Service Reports d. Large Water Meter Reports B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A.Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A.Accuracy of Records 1.Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2.Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 3.To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4.Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A.Storage and Handling Requirements 1.Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2.In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a.In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A.Job set 1.Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B.Final Record Documents 1.At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A.Maintenance of Job Set 1.Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 2.Preservation a.Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b.Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c.Maintain the job set at the site of work. 3. Coordination with Construction Survey a.At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4.Making entries on Drawings a.Record any deviations from Contract Documents. b.Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c.Date all entries. d.Call attention to the entry by a "cloud" drawn around the area or areas affected. e.In the event of overlapping changes, use different colors for the overlapping changes. 5.Conversion of schematic layouts a.In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b.Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1)Final physical arrangement is determined by the Contractor, subject to the City's approval. 2)Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3)Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c.The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B.Final Project Record Documents 1.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. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Lake Vista Ranch Ph 5 CPN 102289 Revised April 7, 2014 d.Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2.Transfer of data to other Documents a.If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b.If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application