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Home My WebLink AboutContract 55286-PM1CSC No. 55286-PM1 00 (70 OQ STA1�L?ARD C�NSTAULTIL]I� SY�Cl1-'1CA I'iQlv f)C}CL]IVIE'�ITS Pags 1 vf 5 sECT�a�v ao 001a TABLE DF CC]NTEhITS DEVF�,i]PF..R AWARI]EI] PRDIFCTS Di►�isian 00 - C:enera� Canditions nn i i i� r„�,;,.,�,�„ f., s�;�a��r� �� nn �s i t� r.,�+.-,,.,,;..r�. +n n;.�a�,�� r.�.-z-.--,� Op 41 Ud $id Farm d[7 4� 43 Prn osal Form Unit Price nn� ��d�� n�� UD 45 12 Pre Lialificatinn Statexnent nr'w-�-=.� �� - t�a-i+�e � �� DO 45 26 Contractor Com liance with Workers' G nnvo-�-� 00 52 43 � Agreement DQ fi l 25 I Certiticate of Insurante DD 52 13 Performance Bond DO G2 l4 Payment Bond DO 62 ] 9 Mai ntenance Bond �'rl� ��eral t;e�x�s nri �z nn C,,.,.,te..,o„��r.� rar�.r.,z.,� �Q Law 00 73 10 �tandard City Conditions of thc Constru�tion Contract for De��elaper Awarded Praic�ts Di�isivn Oi - Ceneral Rec�uire�ents __ O1 l] 0� 5u�nina of Work O1 2S Q[1 Su�rstitution Procedures U 1 31 19 PreGonstrueiic�n Meetin n i�o O1 3Z 33 Preconstr�ictic,n Video dl 33 UO Submittals O1 35 13 Spe�ial Project Procedures D i 45 23 Testin and lns��ction Ser�iccs OI 50 00 Tem ora racilities and Contr�ls O1 55 2b 5treet Llse Permit and Modificatians to TraF�c Control D I S7 ] 3 Starm Watcr PallutiUn Pre�ei�tian Plan Q] 6Q dD P��oduct Re uirements O] 66 �0 Product 5tora e and Handlin Re uirements �] ?� DD Mohilizatinn and Remnbiliaatic�n n'� Ev��H-�-�rl� � � 1 74 23 Cleariin O1 7'7 19 Clnseout Re uirements �1 78 23 (]�seration and Maintenance Ilata O1 78 39 Pr�iect Recc�rd Documents Last Revised n� i�n��m❑ �� n� ��n��n�❑ �� 0410212 0 1 4 []512212� 19 nn�n�r�nin �� 91[l i 12015 9-31$�-2�9 441D2!2U 14 nsr�� i�ru Q �� Q611 Gi'2C] 16 a��oiizoi i Q113112C112 41i3112012 Q113112d12 -�-}��4� rs� �n��} 01/10/2013 Last Re�ised 121? U12� 12 0�13012d13 Q�.�3012013 ��ni�-'r �813�I�O l 3 4813�12[�l 3 0�13012U13 a312012U2[� a�roii2o � i (i71Q 112011 471Q 1 !2011 D312012fl20 04.�fl712 C] 14 D�1�712014 941n'r r� �410 712 0 1 4 ��11Q712� l4 �41D712014 a��a��2ot� CiTY L71' I'(?R'3' W(]AT'1 i Kellcr Cnossing Phase ] STANI7AWJ C'[]h'S'I NL�C�I I�N SPECiF1CATiC]N I]DCL]MF'.�fTS - C]EVELOPFR AWAR�ED PRO]CCTS City Pro�ect Nn. If12k?5 Ac�•iscd hlarch 2f1, 2E]?t} 00 6U fl[1 STAItiIJARF] CONSTRL:CTIUn SYT:L'1PIC'ATIDN C]OC��1Eh'TS Page 2 of 5 Technical S��ece�cations which ha�=e beem m�dified by the Engineer speei�cally far this Project; hard capies are included in the 1'raject's Cantra�t Uocuments None Technical Specificatians lis#ed below are included for this Project by reference and can be �iewedldownloaded from the Cif�'s wehsiie at: h ttp :1 Jf n rtwa rth tc xa s.�p wlca ntra � to rsl ar http s:llapps.f�rhvart�tesas.�ovlPro j ectRcsourcesl Di�ision 02 - Existin Canditior�s n�� coia„+:.,a c:.a r�a..,,,i:,:.... n�� ,�i�n�� n�� n��,'nn ��,,,.,z,.,t Divisiot� 43 - Cancrete 43 3Q 00 Cast-ln-Place �ancrct� ~ 43 34 13 Conlr�lled Low 5tren th Material CLSM 43 34 16 Concrete Base Material fs�r Trench Re air D3 SO QO Modifications to Existin� Cancrete Structures ❑i�isian 25 - Elee#rieal 26 �5 d� Common Wark Results for F.iectri�al 7l�� s �� a.�,.�..��,.� a.�� u.,,,�r f r�:�.�„f ;.,�ls�_��.o...., 26 �5 43 Under�round Ducts and Itac�ways for Etectrical S '�lz. R� !•..r.-,.-.,��,,;..��:..,,�� AA��I�; T]��.-s C'.�„�.��t Di�isiun 31 - Earthwork � s i�n nnn ZS '7� 1� -r'i�--rn �--z�i. � �Bifff�` � IT1 GTvv� ��iiTJ 31 25 �d Erasion and Sediment Control �;�a �-a�ie�s �1 37 OD Ri ra Division 32 - Exteriar Im rn�ements 32 �1 17 Permanent Asphalt �a�in� RJ 2'] R1 14 32��()] 29 C'oncrete Pavii� l�i air �� i i �� ❑i�.,:�.t� nn�o r•,,,,,-�� 32 11 29 Lime Treated Base [:ourses �� r-•�.,.,o.,f -r,.o.,+�.1 a��n r.,,,.-eo� 7'7 1 1 7 7 �T 32 12 1 b Aspl�alt Pavin� Last Re�'tsed i��nn;�ni-� �z i��r�i n� �n�� 1212�J2D 12 12�'2�12Q 12 12120�'2(} 12 I212[f!2D 12 1112212U 13 , z ��.�i ,� r� r�= �7101i2fl11 !1'1��'!t "1��1 ! i�n�z f1 ] 1'3�� nc n�;�n � z �� !1 1 17 4 r'7 n i 2 �� 1L�Z��i2VIL �� 1212�124I2 izi�ai�olz , � r��zl�sn, � 12�'20�'2012 i � ��. y��n i� izizoizoiz t 7 M�zl'1!1 1 7 !14 1 I��C ]212Di2�12 C1TY OF rURT WORTIi Kellcr C'rassiizg Phase I STANI7AH[7 CC3N5I'KL1Cl'IC7L Sl'F'CIFIC'A"S'lClh f)C3CL1Mf:VTS - CIEVELC}YEk A4VAADFD PAC}7ECT5 City Yrojcct?�fn. t(12875 Ac�iscd March 2�, 2U2U 0o no 00 STAi�F}ARll CUNSTRUCTI[}I�: SPf3C1I�1CAT1nN IJQCUMEIVTS Page 3 of 5 �� 3Z 13 ] 3 Concrete 4'a�vin 1?�'Za12D12 32 13 2[1 Concrete Sidcwalks, llri�ewa s and Sarriet� Free Ram s []GIU5.�2418 32 13 73 C:oncrete Pavin Joint Scala�zts 1212D�ZD12 z ��o , 7-�-�0,�� nt�.� 32 1G 13 Con�rctc CurU �nd Guttcrs and Vall� Gutters 1U105!2D16 32 17 23 Pa�ement Markin =s 11i2212D13 z �� , , u,�� z�s�� t,..;,, ❑�.,..a�. .,a r,.,+��. ---- i��r�z ��o �ar;,-o �o...,a.. . „a r_.,.o.. � �� tx�,,,,a �o.,,.a� .,.,a r�.,�o� i��r�z 32 32 ] 3 Cast-sn-Place Cancrete Retainin Walls 461fl512[]18 32 9l ]9 Tn soi] Placement and Finishin ofParkwa s 1212a12U12 32 92 13 H dra-Mulchin , Seedin , and �c�ddin �2,'2Dr'2012 �-93-�r �'-�s--R;�� -�1=2�i!�B-�� ❑i�ision 33 - ti telities 33 O1 30 Sewer and Manhole T�stin� 33 O1 31 Closcd Circuit Tele�ision CCTV Ins ection �� i-e-a---�a Z�� !'.-.rr..<.:...,. !'.-..,r.-..3 'E'.��r C'f.,+:.-..,� �--}� �9 c�iiirir-�•�-�i3(}}C•�-t'E3�L� �� 33 U4 4� Cieanin and Acce tan�e '1'estii� of Water Masns 33 04 5� Cleanin�of Sewei_Mains 33 05 10 Lltilit Trcnch �xca�atiQn, EmUcdment, and F3ackf ]l 33 QS 12 Water Line Lawerin r ^ 33 OS 13 Prame, Co��er and Grade Rin s— Cast Iron 33 fi5 13.10 Frame Ca�er anr� Grade Rir� s— Cam osite 33 Q5 14 33 45 l6 3:i Q5 l7 3i�-f�rz� "Y 2� 33 O5 22 zz r�c �z �� 33 fl5 24 33 05 26 33 05 30 33 1 ] Q5 33 I ] 10 33 �1 1� 33 3 ] 12 �� Z 2�T 33 12 10 3? ,.�--� Adjustiiig Manhoies, Inlets, Val�e Boxes, and Utl�cr Structures to Grade Cnncrete Water Vaults Concrete Colfars 'C',.,,r.ol 1 : r 17fa*o Steel Casing_Pipc lnstallation af Carrier Pipe in Casin Utility MarkerslLocators Location of ixistin� C]tilities Balts, Nuts, aE�d Ciaskets Duc€ile Iron Pipe Quctile Irnn Fittings Polv�invl Chloride (PVC] Pressure or Tunnel Liner Plate Water Ser�i�es ]-inch to 2-inch ��12(}12fl12 U31i13!20l G � � ��z � � �� rti +7 ri i � .� i��r�� -�.�� n r� n�rn �� Q210G12013 12124�'2012 12112120IG 121?0120 i 2 U1/2212a16 D 112212[} 16 1212t112[] 12 �ziza�2�iz tz�2aiza�z �� 1 �12012fl 12 -�-�9l28-�� U61] 9�'2013 1212[)12012 121�Q12012 izizn�zo�� 1212[]120 ] 2 iz�zn�za�2 ]lilbi2al8 i � r � ri �7 ri i'� �z t� i� ri +� rti i � �� U211412Q17 , � «��z CTT"Y C]F FC]RT 4V(}RTH Keller Crossin� Phuse 1 S7'Alv[]ARU CC]NSTR[]CTION SPFCIF[C'RT IC]N D�CU;vIENTS I]EVELUPL'•R A1VAItD� i7 PRUl1:L' i5 L iry Pro,�eci :Jn. 1 p2875 ftc�iscd Man:h 20, 202a 33 12 2U � z�T 33 12 25 '� 2�-cc ✓v 33 12 40 2 ��-zi ✓v Z 7�� 2Z� Z 7�T 22� 33 31 2D 2Z� 'Y Z�y �� 33 31 5fl �8 333910 33 39 ZO �9-�8 �� 33 39 b0 33 41 10 �-4-�-�� z z�z � ��o Z Z�-�7- "�T �Y�'�ly"[7� 3i49 ]Q 33 49 �� 33494fl Ili�ision 34 - -� ^� �sn �si inna ��S i n n_-�-�:-=�� -r�i�r-._�-r �� 4^T� 't� 3J�"�' � �-�� 34 4� 2� Z n A�� 7 �1 �l�v� �4 412o.a3 34 41 3a �� 34 71 13 aa �o 00 STA,tiDnAl] L'ONSTRLfCTIC]Iti 5PL'C1t�1C'A�I IC7N I]{]C:iIMEhTS Page A o4 5 Rcsilicnt S�ated Gate Val�e 12,'2012Q1� n unai n�..t,t,o,- co�ta,� ri� -1-�`�n� L'c�nncctiQn to Existine Water Maiiis 021�612(] 13 Fire H�dra. �ry,y�nr� O 11fl312014 �nr� RLr101'7R11 1�1�� Fi�z�-� P�lyvinyl Chloride (PVC) Gra�ity Sanitary Scwcr Pipc _ UC�11412013 n„i,,,,:,,..i r�,�n.-•��, rr��r�"� r-�i�.��a o,.r,r,i� rv,-„:.;+., c�,,;,�,-., co.:.o,- _. ""'� 1.��n�� 5ewcr Scr�i�c Connec#ions and Ser�i�e Line Cast-in-Place Conerete Manhales Precast C:oncrete Manl�oles Epox� Liners far Sanitary 5ewer Structures Rcinfarced CQn�rete Storm Sewer PinelCul�erts T,-�.,...h Tl,-.�:.,., Cast-in-Place M��iiholes and Junction Soxes C'urb and �rc�p Inlets � St�rm I]raina�e Headwalls and Win�walls !� 4}nr.�imors4 1� 'Y^ p�� b.in.c�♦ S"CRTFGiICi-IGZITT� V"fiLTo C �C-R'VY31Li r�r�u"cm-i=c"+rir�vi-ri�hfurL��@Bi�iEsi��9hr'-r Illuminatinn Assemblies Residential LED Aluminum Signs Luminaires Traffi� Contrc�l ��r7� ��nr� �4i2[i12D 1 � '�� 1212D12fl 12 1212Q12fl12 ' ��Q}?. i z��n��ns � �_ 1212[]120 ] 2 071�]12f11 1 �� --1-! l 2 r� -1-�-F�n �� 4��18' '� 71'? IR�T,� � ��2� 12 i 2izo�za i 2 0 710 1 12 0 1 i } n r, �,vr-rz ��v;� �141� �� 9-��9-�� l��s�� .!•?�� 1212012Q 12 n,c� �41� 5 f7�11 Cr'7C11 C vrn-�-��--r.� Q6115!2�15 111l2!2�13 m,��.:�nir. a�� 1 11221ZO13 CIT1' C7F FUA7 WDR'1"l i Keller Crassing Phase 1 STANDAILL] C'C]V51�RLlC:'IlUV SPEC:IFICAT[C7N I]DCllMENTS UEVELOPL•R AINARDEiU PRUII:CTS i'icy Yrnjcct Nn. 1U2875 Ar�iscd Ulanch ?U, 2p2U no nn an S`I'AVUARI] i:C]�]STHI'CTION SPFCiFICAT[fl:V Df]CUi4E"JTS Page 5 of 5 Appendix �-4-$� — —�v.,:�.,�.•i;,_, .,r r .,�,�� E�. r �,.ao...,�.,,,.,,e ��..;i;.;n� C�-4,8�i— u., �a„ � n �, ., i r�.,,,a;,; ., � c: � ��-.�-�:"ro�,.., .,.,a ►x�...,-,�„ n..,,,o.� r�„�;,,.�� i.,,to,-,,.-;�o r�.,.,,,,l;z,,..a �� n^� W,�ge-R�Ees � � n❑ �� :+� ..a r r::::��.3 � �E'��4 hr,�na;��t��-i� GR-C}1 b{] DU Praduct Requirements END UF SECTI[]N CITY i7F Fi7RT WDRTH Kullor C rassing Phase 1 STANBARD COI�STRtiCTiOIt SYECII'tL'Ai fL]i� 17C3CUMFiv'�5 - f]h.VF:LOPER AL4'AKUED PRi]JECTS City Projcer Nn. 10��75 Re�ised March 20, 202ff SECTIaN �� 4] flti — PRDPC)SAL DEVELDPER AWARDED CC]NTRACTS This proposal must not be remo�ed fram t}tis hoak of Cantract Daeuments. TO: D.R. Horton-Texas LTll. FR�PDSAL FO�R: WATER, SANITARY SEWER, STDRM DRAIN, AND PAVING IMPRQVEMENTS PRaJECT NAME: KEL,LER CROSSYNG PHASE 1 IPRC NU. 2Q-d148 FILE N�. X-2G64[l CITY PRDJECT N�. 102875 FID NO. 3U114-DZ40431-102875-Ed7685 Includes thc furnishing af all materials, equipment and labor for the installation nf' median openin�s, left turn lane, water & sanitary sewer impro�ements and all ne�essary appurtenances and incidental wark to pro�ide a complete and serviceable project designated as: WATER SANITARY SEWFR STURM ORAIN AND PAVING IMPR�VEMEIVTS TCl SERVE KELLER CRDSSZNG PHA�E 1 Pe�rsuant to the foregoing 'Notice to Bidders', the undersigned gidder, ha�ing tharoughly° examined the Contract Do�uments. incl�ding plans, special Gontract dacuments. the Technical Specificati[�ns listed in ihis cantract, the site of the project and understanding the amount nf wark t� be dt�ne, and the pre�aiiing conditions, hereby propases to do all the work, furnish aI! ]abor, equipment and material except as sp�c:fied to be furnished by the City, whi�h is necessary to fully complete the wark as pro�ided in the P�ans and Contract Documents and subject ta the inspection and appro�al of the DireCte�r of the Department af Transportatinn & Pub�ic Wnrks of the i'ity of Fort Worth, �I-exas; and binds himself upon ac�eptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment $and, Maintenance Band, and suGh ather bc�nds, if any, as may he required by the Cantract Da�uments for the performin� and completing of the said work. �ontractor praposes t� do the work wilhin the time stated and fvr the fallawing sums: Fumish and instali, inclt�din� al1 appurtcnant work, camplete in place, the fotlow°ing itetns: !'age 1 oi 3 �A�T B - p�oPasAL �ep�t.� After acceptance Qf this Proposal, the undersigned will execute the fvrma] c�ntract and will deli�er an appraved Surety Band and such other bands as required by the Contract �ncuments, for the faithful perfvrmance of the Cnntract. The attached bid security, if required, is ta become the praperty af the De�el�per. "I'he suc�essful bidder sha1I be required to perfvrm the work in accord with these cant�ract dacutnents and the techni�al specifications a�aitable in the City of Fort Warth's Su2�saw site and incorporated herein and made a part herenf for al� purpases. The undersigned assures that its emp�nyees and applicants f�r etnployment and thase of any labor organi�ation, subcontractars, or employment agency in eit�er furnishing or referring em�loyee applicants to the undersigned are nat discriminated against as prohi�ited by the terms nf City �rdinance No. 7Z78 as amend�d hy City Drdii�ance Na. 740�. Page 2 af 3 {k�4�� The Bidder agrecs to begin constructi�n within ,� �ar days aFter issue of the wark order, and to catnplete the cantract within l� (�} working days aFter be�inning construction as set forth in t�e written work order to be furnished hy the Owner. I(we] acknawtedge receipt af the fvllowing addenda ta the plans and specifi�atiotts, all ❑f the pro�visions and requirements of which ha�e been taken inta consideratian an preparaiian of the foregaing bid: Addendum No. 1 (Initials} Addendum Na. Z (Initials} R�spcctfit3ly submitted. Addendum No. 3 (lnitials) Addendum No. 4 (initials} ,lackson Canstruction, Ltd. Name ❑i Cnntractar ^ ' By: � {Si�nat� e) 'Trvy L. Jackson Tit�e: Cvmpany Name: Address: �.mail: Telephone: [Printed Name) �reslden� .Iacks�n C'ansVuctian, Ltd._, S I 1 Z Sun Valle_y Dri�e Fvrt Warth, TX 76119 Page 3 of 3 W 3? 1, C7A P- Sf f 1 Pk U!'f1C A L 3*agr I n!❑ sECTian� oo az aa De�laper Awarded Projects - PRpPpSAL FQRIuf UNIT PRICE BID Bidder's AQpli�ation Pro�ecs ftem inFormatrnn B�ddcr s Yropvsa] Aidiist Item Specifcaunn l�n�l af 13id �o Deseriplion Scrlivn Nu Measure �n1t Pri�e 8id Value (,7uantih Ul�fIT I: WATEi� IMPR�QVE�IAENTS 1 3311.Q241 8" Water Pipe 33 9 3 12 LF 5459 $29.�0 5158,39 7.Qp 2 33] 2.2003 1" Water Serrrice 33 12 10 EA 95 597n.Dq $92,15p.pn 3 33122103 1 112" Water 5ervioe 33 12 70 EA 3 $1,500.p0 $4,50a.Qtl 4 3312.3003 8" Gate Val�e 33 �2 20 EA 14 $9,360.Q0 $79,040.�0 5 9999.0001 8" Q�ick�ai�e Insertian Val�e 33 12 20 EA 2 $�,�a.aa $75,920.ff0 $ 9889.Ofl12 Fr�ssure Plane Val�e and 8ox 33 72 20 EA 1 $1,36i1.40 $1,36�.40 7 3312.�p001 Fire Hydrant 33 12 4p �A 4 $3,800.Ofl $15,2p0,t1� B 3311.Ofl�1 Du�tile Iron Water Fittings w! Restraint 33 11 13 TON 3.9 $7,400.�0 $28,860.�0 9 33fl4.b1C19 Tren�h Safety 33 4S 1Q LF 5452 $1 ❑p $5,452.0� f0 0241.1118 4"-12" Pressure Plug 02 41 14 EA 2 $175.Ofl $35fl.04 7 i 3312.0'! 17 Connectipn fo Existing 4"-12" Water Main 33 '!2 25 EA 2 $3,3�Q.00 $fi,fi0d.0� i2 320�.Q127 10' INide Asphalt P�mt Repair, Arterial 32 01 17 LF 30 $184.00 $4,$Of].Ofl 13 14 15 16 i7 1$ 19 2Q 21 �2 23 24 25 2S 27 28 29 3d 31 32 33 34 35 3fi 37 38 39 4Q 41 42 43 44 45 T i UMIT !: WATER lMPRQVEMENT $351,743.n0 C[Fti� UF FVRI WL1[iTH ti7�74D,�Rf] COVS�I�liL'[']�ICI� SPFC�IFiC-�TIUti OV(-L'1fEtiT5 - OEL'EI_(]pF.H �i1i'.7KOFD I'RO1tC-TS Foim ��ersioa �la.� ?± 2[114 �0'�I 103 M S2 a] 6�d Prnpusal DAP uu a� sf r�nr - aio rRorosn� P�se=nf5 SECTION OU 42 43 Developer Awarded Projects - PROPOSA� FORM IJNIT PRlCE B�D Bidder's Applicatinn Pro]cc[ Ilem Informa[ion Bedders f'roposal Bidl�st Item i7esrriplion SpeciFicaitUn Linzr of ��d �,+nit Price B�d Vaiue No Seetion Na Measur� i]uantit} ll IT I[: SANITARY SEWER lMPR�VEMENT � 3331.4� 15 8" 5ewe� Pipe 33 31 2fl LF 2727 $28.00 $7B,35fi.0� 2 3331.4201 10" Sewer Pipe 33 41 10, 33 LF 1463 $36.�f] $52,668.00 3 9999.0004 1fl" C90� 5ewer Pipe 33 1# 1p, 33 LF 5p $65.�0 $3,250.60 3 3339.42d5 1CI" DtP Sewer 33 13 10 LF 385 $92.�0 $3S,42g.Ofl 5 3339.T001 4' ManhoEe 33 39 20 EA 18 $4,3p0.4f} $77.400.60 fi 3339.3 Q02 4' Orop Manhole 33 39 �� EA 3 $6,20b.00 $18,6a0.40 7 99'99.6062 CS5 Encasement for Lltility Pipes 33 05 � 6 LF 2g3 $50.Oa $14,650.00 $ 3339 10ff3 4' Extra �spth Manhflle 33 39 20 VF 7(] $10fl.Q4 $7,040.�0 9 3338.{10a1 Epaxy Manhvle Liner 33 39 6Q VF 84 $24{7.Op $19,240Aa 1p 3331.31fl1 4" Sewer Service 33 3'i 50 EA 112 $790.00 $88,480.00 11 9999.iiDfl3 Cannect ta Ex 4' Manhofe 33 31 20 EA 1 $2,600.�p $2,fiO4).00 12 32a1.0i27 10' Wide Asphalt P�rrlk Repair, Arterial 32 Q7 17 LF 2p $150.00 $3,zaa.00 13 33�1.D101 Manhole Va�uum �esting 33 01 30 EA 21 $1flp_Op $2,100.Oa 14 33ff5.D908 Trench 5afety 33 05 1p LF 4585 $2.� $9,17�.Oa 15 3361.OflD2 Past-CCN Inspection 33 �1 31 LF 4585 $3A0 $93,755.00 16 9999.Ofl�ff Post N inspectian {Paving] 33 01 31 LF 4585 $3.�� $13,755.00 17 9999.fl921 P4st N Insp�ction Manholes 33 01 31 EA 21 $2�0.0� $4,200.Q0 18 3305.'l4�3 20" Casing By Qpen Gut 33 05 �2 LF 55 $13�.00 $7,150.60 1S 3305.140� 1fi" Casing By Qpen Cut 33 65 22 LF 35 $120.�0 $4,200.00 �0 33�5.�112 Cvncrete Colfar 33 Q5 17 EA 1 $G2$.OQ $425.�0 21 22 23 24 25 2s z� 2s �s 3fl 31 32 33 34 35 3fi 37 38 39 4fl 41 42 43 44 45 46 TQTAL UNIT II: SANITARY SEWER IiNPRQVEMENT $�153,579.QD rir� nFrnKrun�rrt S�fAtip.{� ('p1�5TRL:CTi6ti SPf•.ClFiCA I�f[7ti UUC�I'�7F VTS - DE�'FLf1PF:R .iW'.Akhl�.1) PkiG1F�L: i5 Fnrm l-ersion Lla�� __. _nl9 :o_pl IUl .W �"- a3 9id Propnsal fS.;P 0o a: s3 ❑AP - BIIl E'RUPQSAI. Page 3 oFB S�CTiQl�i Op 42 43 [3erreloper Awarded Prajects - PFtOP05AL Fd#2M uNiT PRicE Bio Bidder"s Applicatian Projec[ Item Information Li�dder's Praposal Ridiist Itcm Spec�ficas�Un Lmt af Bid f7es[riptiun Unit Price 8id Value tia Secteon No Measurc Quantlr} LINIT III: DRAINAGE IMPROVEMENTS 1 334i.1163 4'xA' 8ox Cul�ert 3341 10 LF 192 $238.D0 $45.696.Qa 2 3341.12fl1 5'x3' Box Culr�ert 33 4Z 1� LF 5g $258_fl0 $15.222.Q� 3 9998.Ofl17 5'x3' Box Culvert, Class !V 34 41 2fl EA 442 $25$.fl0 $1i4,036.40 4 9999.0013 8'x3' Bax Culr,ert 33 41 10 LF 7 $1,537.a0 $10,759.{}� 5 3341.0409 48" RCP, Glass III 33 41 1p LF 1 S2 $1 S�.OU $32,7fia.a0 6 3341.041pA$" RCP, Class IV 334i 1p LF 450 $240.00 $1❑B4OflO.OD 7 3341.qa�3 42" RCP. Glass IV 3341 10 LF �p2 g172_pp $�7,�q4,� S 33a1.0309 36" RCP. Class III 33 41 10 LF 7d $113.OD $8,362.DQ 9 33a�.a�p927��RCP.CiasslV 33413a LF 21fi $87.00 $19,792.Q0 #p 3341.6208 27" RC�, Class ul 33 a1 1� LF 2g g7� .pp $2,pgg,pp 11 334'l.p2Q6 24" RCP. Ci�ss IV 33 41 1Q LF 147 $76.a0 $i1.172.0� i 2 3341.6205 24" RCP, Class 1EI 33 41 1 p LF 25 $fi6.40 $1,650.Off 13 334�.0202 21" RGP, Class IV 34 41 1� LF 4fi $fi3.Q0 $2,898.0� 14 3341.�201 21" RCP, CI�SS III 33 41 10 LF afi $5i.pp $4.9{]2.00 15 3349.50f31 10' Curk� Inlet 33 49 20 EA 1 d $4.4�0.00 $44.OQ0.00 16 3349.0001 4' Storm Jun�tion 6ox 33 49 1� EA 'f $4.350.06 $4,350.04 1 T 3343.fl062 5' Storm Junctian 6ox 33 49 10 EA 5 $5.506.00 $32,5�0.00 18 3349.{�003 6' Storm Jun�fian Bpx 33 49 i 0 EA 7 $10,ff0a.00 $20,04�.�� 19 9893.0�05 TxDOT 8'x3' CH-FW-p He3Clw�ll 3349 4Q EA 9 $8,70ff.00 �a,�aa.av 20 9S99.DD06 5'x3' Sloping Headwall 3349 4Q EA 1 $5,10ff.d0 $S,Ia0.n0 2i 9999.DD15 3fi" 5loping Headwall 33 49 4a EA 1 $4,BOfl.00 $4,S4�.d� �2 9H99.flD14 TxOaT 42" CH-PW-O Headwall 33 49 4a EA 1 $6,ODflAO $B4OOn.00 23 9999.fl024 TxDflT 3fi" CM-PW-O HeadwalE 33 49 4a EA 1 $4,5a0.40 $4,50�.�0 2A 9939.flD16 4'x4' 4:1 FW-fl Fieadwall 33 49 4� EA 1 $11,800.4Q $'! 1,soa.ao 25 3137.0142 Large 5tone Riprap. dry 31 37 00 5Y 4Q9 $69.00 �28,22'1.�4 25 9999.0018 6" Concrete Lining 31 37 Ofl 5Y 332 $88.00 $29,216.p0 27 33Q5A109 Trench Safety 33 45 1� LF 2p57 $2.00 $4,714.p0 28 29 3p 31 32 33 34 35 �s s� 38 39 40 41 42 43 44 45 4& T�TAL UNIT III: ORAINAG� iMPR VEMEN7 $596,353.4� �'i iti' nr roRr woRni 5 F.A �l � A RD COS S�I�k l'["Y�I flti SPEL-f FI C A f] V� PO(� l� Nf � TS - OL �'E LOPFR .1 N' A kf7f• p PiEl31l: C�iti F�onn �'elS�Un 11a� ?2. "�'�I9 �O_i13 �U? W 32 i5 B�d Pro�osal O.AF il{i i_ 3 S DAP - BID PiipPOSAI. Payc 4 al h SEC7IQN DO 4� 43 De�eloper Awarded Proje�ts - PRflPaSA1 FaRM LJNIT PRICE BID Bidder's Appli�ation Pro�ers ftem InTnrma�ian l3idder5 Prn�nsal Bkdlist I[em Descriptipn Specification L�nii of ��d U�� i�� Rid VaIu� Na 5etlian Na Measure (,luan[in UNIT IV: PAV[NG IINPRpVEMENTS 1 321.01 Q1 5" Cane Pvmt 32 13 13 5Y 12281 $35.86 $437,203.fi4 2 3�13.fl3Q1 4" Conc Stdevvaik 32 13 20 5F 7318 $5.?6 $41,71Z.80 3 3211.Q561 6" Lime Treatment 32 71 29 SY �312$ $3.50 $47,26�.8a 4 321'�.ff4�0 Hydrated Lime 32 71 29 TN 211 $199.a0 Sa1,9as.p� 5 3213.05�5 8arrier Free Ramp, Type P-1 32 13 2fl FA 13 $1,BQQ.pO $20,8QR.00 fi 3217.4�4a1 18" SLD Pvmt Markkng FIAE {VN) 32 17 23 LF 28 $25.0� S7QQ.p0 7 329i.01a�Topsoil 329� 19 CY 437 $22.R� $9,$1A.�D 8 3292.0400 5eeding, Mydromulch 32 92 i3 SY 182 $9.00 $1.63$.00 9 3477.OQ{}i Tra�c Control 34 71 t3 !N� 1 $6.fi75.0� $B,&75.0� 30 9899.�01Z End-ef-Road Barricade 00 Ofl 00 EA 4 $gpp.pp $3,gpQ.Qp 11 9999.D022 Concrete 5treet Header �Q 00 �0 LF 58 $'15.p0 $87p.Qp 12 9999.D023 Connect to Exist Pa�ement �Q 00 OD LF 15g $17.pp $2,686.00 T3 3441,4pflfi install Alum 5ign Graund Mount 34 41 3D EA 8 $q7d.p0 $3,76p.pp �a 15 16 ]7 38 19 2p 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 33 4a 41 42 43 44 45 TQ7AL !lN17 iV: PAVING IMPR�V�M MT $618,509.p0 CIT�' [1F F(]kl� �4'QR'Ili STRI�D.IRQ COZSTRL�C'T70� SPCCIf•IC.�TIC7�' OpCi'hSFfVFS - I]F��'�I.UAEH .�N��iROEO P3iOICCTS Fnrm l�ers�on Aqsy :7. �O14 ]t;=D1 l�? �N] d: Sz g�d Proposal OAP 117;,',;3 DAP - BfO PRqPOSAI. AaKr 5 of 5 SECTIDN QO 42 43 De�eloper Awarded Prajects - PRDPQSAL f �RM L�J��rr�:�Cfl�=�l�� Bidder's Appli�a#ivn Pro�ect l�em Informasipn Aidder's ProFxrsal Bidhst [tem ��i�ynnn Specificatipn L1n�t af ��d Und Pri¢e Eiid Value A1n Section No Measure Quantin Bid Sna�mary [lNIT I: WATER INFPRpVEMENTS U1�iIT II 5AIJITARY SEWER fMPROVEINEM1ITS UNET III� DRAINAGE IMPR[]11EMENTS UfYIT IV� PAVING IMPRpVEA+lEN�S This $i�i is su6rnitfed b�• the entit► named 6ein�: $351. $453, $596, $s � s. "i"otal C`onssrurtinn Bid! $2,020,1 B[DDER: Sl': Jacksan ['onstruction, l_td. 5112 5uo ►'alle� Brirc � �-` A �[FTJI F'ori N nnh, TJi 76119 FITI.E: �"�� . aC .�+�� DATE: �r�e��dent ('ontnrtqr agrees !o tompletc 1VC11iK for Ff��L ��('C'EPTAtiCE within �✓ warking da►r� after [he da[e wbeo 1he ['f7?YTRAC"T cummeaees to run as prnrided in 4&e Grneral C'nnditipns. E'VO i7F SEC"TiQ'ti L-l7�ti' UF� F{)RT N'6RTH ST��OARF] t plrSl"R L�C'I�IVti SPECIFIL-ATlQti OOC'i'MEtiTS - Ok:1'F1.i3PFR A�'.4RDt p PRUIECTS Fo�m ��eis�on �1ay ': 2u1�� :6�ill Ip? 911 a'_ J3..H�d Yro{rosaI.OAP 00 45 1 ? l3AP PRFQE;ALIFIC'ATIOti STATE�IE!�-I Page 1 nf" 1 SFCTif]N 00 45 i2 F]AF - p��QUALIFICATiC]N STATEMENT Each Bidder is rec�uired ta complete the inf'ormatia�� helow l�y identifying the preqvalified carztractors andlor subcontra�tars whom they i��tend to �tilize fe,r the majvr work typets} �isied. f n the ``Major Wark Type" k�ox pra�ide the carrEplete major work type and actual descriptior� as pra�ided by the Water Department far water and sewer and TP W far pa�ing. Major Work Type CantractorlSubcontractor �nmpany Name Prequali�ication �:x iration �ate Wastewater Mains (all sizes] far Jacfcson Constru�tinn, Ltd Q4-30-2�21 New De�elapment, Rehabilitation, and Rede�elopment �sing Qpen Cut and 'I�rerrchless �onstruction methods Water Mains {all si�es} fnr New T Jackson Canstructiors, l,td {14-3Q-2U21 De�eioprnent. Rei�abilitation, and Rede�elopme�t usin� Dpen Cut and Trenchiess constructior� methods Concrete Pavement 3ackson Cnnstructinr�, Ltd, a7-fl 1-20Z 1 ['onstructi anlReGnn structian The undersigned hereby ce�tifies that the �ontractars andlar subcantractors described in the tabfe above are currently pregualified for lhe work types iisted. � 11 1 ; Jacksan Canstru�tion, Ltd 5l l2 Sun Valley Dri�e Fort Worth, TX 7G1 19 BY: Trov L. ackson -� ..� �i (5i ature) TiTF�E: Presi ent DATE: ��24 2' END OF SECTIDIY ci�r pF Fosr wosrr, 5TRN6ARQC�N5TRliCTIQPJ PREQkfALIFICATiON STA7EMEAIT •• pEVEL6PER AWAROEO PRCYlECTS farm Version Septem6er I, 2015 00452fi-1 CpNTRAC70R COMPLIANCE WIFN WORKER'5 Cf]MPEIVSATIpN LAW Page 1 aF 1 � � s�rnoru �o a5 z� C�NTRACfDR C�MPLIANCE WlTH WDRICER'5 C�MPEN5A71�N EAW 3 Pursuant to Texas La6or Code 5ection 4Q5.096�aj, as amended, Cnntractor �ertifres that +t 4 pro�ides worker's compensation insurance coverage #or all af its employees emplayed on City 5 Project No. 102875. Cnntra�tor further certifies that, pursuant tn Texas Lak�or Code, 5ection 6 40fi.09fi(bj, as amended, it will pro�ide to Gty its subcantractar's certi#icates of campliance with 7 worker's campensation co�erage. 8 CONTRACTOR: 0 1D 11 12 13 14 15 16 17 18 19 2Q 2I 22 23 24 25 �6 27 28 29 3U 31 32 33 34 35 ICi:7 �ackson Construction, Ltd. �y: �� -• ��5��' COmpany jPlease Print] 5112 5un Vallev ❑ri�e _ __ 5ignature: Address Fort Worth T7{ 751I9 7i#le: Ci#y/5tate�Zip THE STATE OF TE?CAS CDt�N7Y OF TARRANT § �� `' � �: � {pfease Printj BEF�R� ME, the undersigned au#hority, on this day persanally ap}�eared T , known tn me t❑ be the person whose name is suhs�rihed to the foregoing instrurnent, and acknnwiedged ta me that he�she exe�utec! the same as the act an�t deed af ° for the purposes and �onsideration th�rein expressed and in the capacity therein stated. GIVEN UNOER MY HAND AND SEAL OF DF�fCE this i � day of Y 2��R . Y e � I p�` . Nicote lvf�Col�um V x My Gamm�ssjar Exprea �;._ �¢ �w3v�zoaz nt ry Public in and for the 5tate of Texas �,� _ � ia n�o. ,zsas�e�ae ac F SECTI�N CITY OF FqRT WQRTH STANpARa C4NSTRUCTIDN SPECIF�CArIpN DDCUINENTS Revised Rpril 2, 2p14 Keiler Crassing Phase 1 City Prplect No. 1Q2875 005243-1 Qeveloper Awarded Proje�t Agreement Page 1 af 6 1 SECTI0IV 00 52 43 Z j�� ! AGREEMENT 3 THIS AGREEMENt, authcrrixed is made by and he#ween the ae�eloper, �R. 4 H�rton-Texas, LTp, authorited ta dn 6usiness in Texas {"pe�eloper"} , and 1a�kson Canstruct�on, 5 �td., autharized tn d4 husiness in Texas, acting by and thrnug� its duly authorized 5 representati�e, ("Contraetnr"j. 7 De�elaper and Cnntra�tor, in consideration of the mutual �o�enants hereinafter set forth, agree 8 as follows: 9 Arti[le 1. WORIC 10 Cvntractar shaii camplete afl Work as specified ❑r indicated in the Contract [}acuments for the 11 Project id�ntifiec! herein. 12 Article 2. PRDIECT 13 The prnject far which the Work under the Contract Documents may be the whole or oRly a part 14 is generafiy described as follaws: i5 KELLER CR0551NG PHASE 1 1b Cit Pro'ect lVo. 1U2875 17 Arti[le 3. Ct}NTRACf TIME 18 3.1 Time is af the essence. 19 All time limi#s for Milestones, if any, and Final Acceptan�e as stated in the Contract 2Q ❑oeuments are �f the essence to this Contract. 21 3.2 Fina! Acceptance. 22 The Work wil! be cample#e #or Finaf Acceptance wiEhin {��f warking days after the 23 date when Ehe Contract Time cammences to run as provided in Paragraph 12.04 of the 24 5tandard City Cnnditions of the Construction Contract for �e�el�per Awarded Projects. 25 3.3 �iquidated damages 26 Contra�#ar recagnizes that time is of the essence of this Agreement and tha# ❑e�eloper 27 wili suffer finan�ia! lass if the Work is not comple#ed withir� the times specified in 28 Paragraph 3.2 abo�e, plus any extension thereaf allowed in accordanee with Artirle ID 29 af the Standard City Conditions of the Constructi�n Contratt for De►�eioper Awarded 3fl Projects. The Contractor a4so recognEres the delays, expense and difficuities in�ofved in CITY i3F FflRT WOR7H Keiler Crossing Phase 1 STAN�AR� CdNSTRl1CTI�N SPECIFICA710N OOCLIMENTS— �EVELOPER AWAROE{3 PRp1�CT5 City Project No. 10287$ Re�ised June lb, 26I6 oosza3-z Pe�eioper Awarded Praject Rgreement PdgP � of 6 31 32 33 34 35 3fi pro�ing in a lega! proceeding the actual Inss suffered by the Qevelaper if the Work is nat campieted �n time. Accordingly, instead of requiring any sueh praof , Contra�tar agrees that as liquidated darr�ages fnr delay jhut not as a penaltyj, Cantractnr shall pay De�eloper Qne Thousand poliars �$1�0�O.O�j far each day tF+at expires after the time specified in Paragraph 3.2 for Fi�►al Acceptan�e until the �ity issues the Final Let#er of Acceptance. 37 Arti[le 4. C�NTRACT PRICE 38 ❑e�e�oper agrees ta pay Contractor far performance of the Work in accordance with the 39 Cantra�t aocuments an amaunt in current funds of Trvo Miliion, Twentv Thousancf, �ne 40 Hundred Ei�hk`y-Faur ❑oliars and �ero Cents �$�.020,1$4.Qp]. 41 ArtiEfe S. CUNTRACT D�CUMEN75 42 43 44 Cl.7 5.1 C�NTEfVTS: A. The C�ntract �ucuments which �omprise the entire agreement hetween ae�eloper and Cantra�tar cancerning the Wark c�nsist �f the fvllnwing: 1. This Agreement. 45 �. Attachments ta this Agreement: 47 a. 6id Form (As pra�ided by DevelaperJ 48 1j Proposal Form �f3AP Versianj 49 2j Rrequalifi�atian 5tatement 5� 3j 5tate and Federal dacuments (projectsAecrficJ 51 b. Insurance ACDRa Formjsj 52 c. Payment Bpnd �DAP VersionJ 53 d. PerFormance Bond jDAP Version) S4 e. Maintenance B�nd {�AP Versionj 55 f. Pawer flf Attarney for the Bonds 56 g. Wvrker's Cvmpensation Affidavit 57 h. M6E and�Qr SBE Commitment Form [If requiredj 58 3. Standard City General Canditions of the Constructinn Contract f�r ❑e�eioper 53 Awarded Proje�ts. CITY dF F�R7 WdHTH !(eller Crassing Phase 1 STAN�ARa C�NSTRUCTIpN SPECIFILATIDN dOCi1MEN75— DEVELpPER AWARf7E� PRp1ECT5 City Proje�t No. 102875 Re�ised lune 16, Z015 0052n3-3 Oevelaper Rwarded Proje�t Agreement Page 3 af 5 60 4. 5upplementary Conditions. 51 S. Spe�ifications specifiralfy made a part of the Contract Documents by attachment 62 ❑r, if not attached, as in�orparated hy reference and des�ribed in the Table of 63 Cantents of the praject's Cantrac# ❑ocuments. 54 6. �rawings. 65 7. Addenda. Ci� 67 68 69 7U 71 7� 73 74 75 8. Documentation subrnitted �y �ontrartflr prior to [Vatice �f Award. 9. The fallowing which may he deli�ered or issued after the Effective Date of the Agreement and, if issued, beeome an insarporated part of the Contract Dotumer�ts: a. Notice to Prflceed. 6. Field �rders. c. Change Drders. d. Le#ter of Final Arceptance. C3TY pF FORT WORTH Keller Crossing phase 3 STRNDAR� CDNSTRUCTIaN SPECIFICATION QQCLIMENTS — pEVEL�PER AWARflE{] PRpJECTS City Project Na. I02875 Re�ised lune 16, 201fi a05243-4 Pe�elnper Awarded Proje�t Agreement Page 4 of 6 76 Arti�le 5. INDEMNIFIG4TIDN 77 f.i Cantractor co�enants and agrees ta indemnify, hald harmless and de#end, at its awn 78 expense, the c'rty, its afficers, servants and employees, from and against any and ali 79 daims arising aut of. or alleged to arise aut of, the wrark and se:vi�es tn be perFormed by 80 the contrartur. its officers, agents, emptuyees, suhcontractors, IiCenses or in►►itees under 81 this contratt. This indemnificatian ro�isian is s etificall intended to a erate and be 82 effetiiue er+en if it is alle ed �r ro�en that all or sume vf the dama es hein sau ht 83 were caused, in whole or in part. 6y ars,y,,,act, umissian or ne�li�ence af #he �ity. This 84 indemnity pra�ision ix intended ta include, without limitation, indemnity for custs, 85 expenses and legal fees ineurred hy the city in de#ending against suth elaims ancE �auses $6 �f ��tians. 87 88 fi.2 Contractnr Gvvenants and agrees ta indemnify and hald harmless, at its own expense, 89 the rity, its nffi�ers, sen►ants and employees, fram and against any and all loss, damage 9� nr destruCtion af praperty of the ci#y, �rising aut of, or alleged to arise aut o#, the wark 91 and services tn be performed hy the �ontrar#or, its officers, agents, empioyees, 92 subcnntra�tars, licensees ar in�i#ees under this cantra�t. This indemni�cation prn�isian 93 is s e�ificall intended tn o erate and he effecti►►e even if it is alle ed �r ro�en that all 94 ar some af the damages hein� sou�ht were caused, in whale ar "sn part, hy any act 95 omission ar ne�li�ence q# the ei#Y. 96 97 Article 7. M15C�LtANEQLIS 98 7.1 ierms. 99 Terms used in this Agreement are def�ned in Artiele 1 of the 5tandard City C�nditions of 10D the Construction Contract for C3��eioper Awar�ed PrQjects. 1�1 7.2 Assignment of Contrac#. I�2 This Agreement, including ail of the Contract pocurreents may n�t be assigned by the Id3 Contra�tar wi#hout #he ad►�anced express written eonser+t of the De�eloper. 1D4 7.3 SucEessors and Assigns. 105 ❑evelaper and Contractor each binds itseff, its partners, suc�essors, assigns and iegal TQfi representati�es t❑ the other party heretQ, in respect t❑ aEl c��enants, agreements and 1�7 obligations contained in the Contract Qa�uments. CITY�F FpRT WORTH Kellei Crossing Phase 1 SiAN�ARD L�NSTRUCTIpl�E SPECIFICA7101�f DOCl1MENT5 - f7EVELflPER AWARDED PROlECTS City PrajeCt No. 102875 Re�ised June Ifi, 2016 00 52 43 - 5 4e�eloper Awarded Project Agreement Page 5 af 6 ios 109 1ia 111 11� 7.4 5e�erahility. Any prn�ision ar part of the Contract �oruments held to be un�anstitutinnal, void ❑r unenfnrceable �y a court of c�mpetent jurisdi�tinn shall he deemed stricken, and afl remaining pra�isions shall �nn#inue tn be �alid and binding upon �EVELOPER and CQ NTRACT�R. 113 7.5 Go�erning Law and Venue. 114 This Agreement, including alf of the Contract Documents is performable in the State of 115 7exas. Venue �hall he Tarrant ��unty, Texas, ar the United 5tates �istrict Caurt for the 116 Northern Distrirt of �exas, Fnrt Wor#h �i�ision. 117 118 7.6 Autharity to 5ign. 119 Cantractor shall attach e�idence ❑f authority tQ sign Agreement, if ather than duly �z0 authorized signatory of the Contractor. 121 122 123 124 125 1�6 IN WITNESS WHERE�F, Oe�elaper and Contractor ha�e executed this Agreement in multiple counterparts. This Agreement is effecti►+e as of the last date signed t�y the Parties �"Effe�ti�e Date"] Contract�r: Jackson Construeti�n, Ltd. De�eloper: D.R. Hvrton-Texas, LTD B . � �fGG'r� By� t5ignatu ) (5igna urej CE7Y OF FQRT WpRTH STANpARD CONSTRl1CTI0N SPECfF1CATIpH ppCUMEl�1T5 —�EVEL�PER AWARDEp PRdlECTS Revised June S5, 2Q15 Ke[!er CrosSing Phase 1 City Project Na. 1Q2875 Q� 52 43 - 5 Oe�eloper Awarded Prvje�t Agreement 127 Page fi of 6 r Tr�y L. Jacksvn , �Printed hame) [Printed Namej Title: ��d� Cnmpany Name:la�ksan Construction, Ltd. Address: 5112 Sun Valley ❑ri�e CityJStatelZip: Fort Worth, T?( 761T9 �1131�z� aate Title: � }�� ji Corrrpany name: D.R. H�rton-Texas. LT❑ Address: 5751 North Freeway City�State/2ip: Fort W�rth, T7t 76131 Z� � �f Date CITY OF F�RT W�RTH STANDARp CDNSTRUCTIflN SPECIFICATION dOCl1MENT5— OEVELOPER AWAR�Efl PRpJECTS Revisad June 16, Z016 Keller Crossing �hase I City Praje�t No. 102875 � � 2 3 � 4 5 6 .� � � OD5213-1 PERFflRMANCE 8aAf0 Pdg2 1 nf 3 B(�l1� � i o�� i 3� SECTI�N Qd bZ 13 PERFdRMANCE BQNO THE STATE OF TEl[AS § § KNQW A�L BY i�lE5E PRE5EMT5: COiJNTY �F 1'ARRANT �� That we, Jackson Construction, LT�, , knnwn as "Principal" herein an� _The Hanc�i�er Insurance Cnm�aan�� , a corporate surety{sureties, if mare than ❑ne] duly autf�oriied to do be�siness in the State of Texas. knawn as "5uret�' herein (whether one ar more], are held and �rmly bnund unto the Develnper, �l,R. Horton-7exas, L�D, authnrixetl to do husiness in 7exas t"ae�eioper"j and #he Ci#y Qf Fqrt Warth. a Texas municipal �arppration �"Cit�'], in the penal Sum af, �wo Million 7wen Thausand One Hundred Ei ht - F�ur f}vlfars and Zero Cents ($2,U2�.184.001, law€ul maney af the Elnited 5#ates, to he paid in �ort wartn, 7arrant County, Texas far the payrr�ent o# which sum well and truly to be made jaintfy unto the ae�elvper and the City as dual ok�ligees, we hind vurSel�es, our heirs, executQrs, administrators, successars and assigns, join#!y and se�erally, firmly by these presents. 8 9 1D 1I 12 13 14 1S �5 17 — 18 WHfREAS, �eveloper and City have entered inta an Agreement for the construct'sorr of 19 eammunity facilities in the City af Fert Worth by and th�ough a Cammunity Faciiities Agreement, — 20 CFA �Vumber CFA2�-a12Q; and ., Z1 f�REAS, the Frincipal has entered into a certain written contract with the aevelaper awarded 2� th�day af Jar� Jc� r y_ , ZO,�, whith Cantract is hereby referred tn and made a 23 part hereaf fvr all purpases as if fully set forth herein, to furnish all materiafs, equipment lahor 24 ar►d ather a�cessaries defined �y iaw� in the prasetiutian af thQ Work, including any Change �5 �rders, as prnvided for in said Contract designated as Water, 5anitary 5ewer, StQrm Drain, Zfi Pa�ing and Streets Lights to ser�e Keller Cra�sing f�hase 1. 27 N�W, T#IfRfF�RE, the cnndition af this ohligatson is Su�h that if the said Printipal shall 28 faithfully perfarm it obligatidns under the Cantract and shall in all respects duly anrf faithfully �9 perform the Work, irscluding Change Orders, under the Cantract, aecard+r�g to the plans, ClTY DF FDRT WpRTH Kelier Cress�ng Phase 1 5TANDARO CI7Y CONl71TI0N5 — OEVELOPER AWARDfO PRC1iELT5 City Proje�t Na. Y02875 Revised lanuary 31, 2012 w 7. specifiea#ians, and cpn#ra�t dotuments therein referred ta, and as wefi during any perivd of y 2 extensivn of ih� Contratt that may he granted an the part nf the DeveEaper and/or City, then 3 this abEigatifln �hall be and I�ecome n�li and Waid. atherwise tn remain in full farce and efFect. � 4 RR�VIdEa FLIRTHER, that if any legal actinn be fiied on this Bond, r+enue shall lie in 5 Tarrant Caunty, Texas ar the United States District Court #nr the �vrthern ❑istrict af Texas, FaR " 5 Worth Di�ision. 7 This bond is made and executed in campliance with the prn�isions vf C�apter 2�53 Qf 8 the Texas Go�ernment Code. as amended, ar�d al1 lia6ilities Qn thfs bnrsd shall he det�rmined in 9 ac�ordance with the prQvisions af said statue. flpfi2i3-2 PERFDRMAHCE BQND Page 2 of 3 14 1N WETNE55 WHfRE�F, the Rrincipal and the 5urety ha�e SIGNED and SEALEO this � 11 instrument by duly authorized agents and offieers an this the ��day of .� �+J: U�I 12 ,20�j . 0 0 � r� 13 14 15 zs 17 18 ATTf 5T: 19 2� �Prin�ipaij Secretary 21 2i 23 , 24 I� Z5 Witness as tn Principal 2fi Z7 PRIA�CIPAL: Jac�;son Canstruction, Ltd. BY: � Signature Trny� L lackst�n, Fresidenl Name and Title Address: S11? Sun Va�lev Dri��e Fori Worth, TX 7C�1 I9_ _ GffY OF FDRT WOR7H STANE3AR0 C�i1' CONOITIONS — QEVELQPER AYUARDEO PRRJECTS Revised lanuary 31, 2012 Ke41er Crpssing Phase 1 [ity PrajeEt Na. 102875 ... � � 00 62 i3 - 3 PERFORMANCE BdNb Page 3 of 3 1 StJRETY: � Thc Hano�er Insurance Cnmpany 3 � � 5 6Y: 6 Signatur� 7 g .1a�[: M Crc�wle�•, Attnrne�� in Fae[ 9 Name and Titie 10 �1 Atfdress: 5ClU N Ai�arc� Street, #430a Z� % �al l as, TK 75�0 k 13 t�14 � 15 Witness as tn Surety Telephnne Number: ��'--3�5-9i34� 16 17 18 19 *Nnte: I# s9gned hy an oificer af the Surety Company, there must he on file a tertified extract ZO frnm the by-iaws sf�owing that this persQ� has authority to sign such ob4igation. If 21 Surety's physi�al address is di#ferent fram its mailing adriress, both must be prv►►ided. �2 23 The date of ihe �nnd shail nat be prior ta the date the Contract is awarded. 24 CI'#`'! {7F FORT WORTH STAM1IL]AR� CfiY CflNQITI�N5 — pEVELOPEii AWAR4ECT PR�JECTS Re�ised January 31, 2012 Keiier Crassirsg Phasa � £ity Project I�o. 1C32875 � � � 3 4 � 5 6 _ 7 8 .� 9 10 � 11 12 i3 14 � 15 15 ~ 17 I]p 6� 14 - 1 PAYMENT BOND Page 1 aF 3 $��a ��n�� i3 i SECTIDN aQ 6214 PAYMENT S�Nfl YHE STRTE OF TEl[AS C�LINTY n� TARRANT § § � I(N�W A!L BY THESE PRESENTS: ihat we, lacksan _Con�truttion�__ Ltd. ,, , kr+awn as "Printipal" herein, and __ _ The Hann��er Insuranee Cc�mpany°._ � �orporate surety = or sureties if more than anej, duly autharited to do husiness in the 5tate af Texas, known as "5urety" herein �whether ❑ne ❑r morej, are hei� and firmly bound unto the �er�eloper, D.R Hnrton-Texas. LTD, authorited ta do busineSs in Texas "[Developer"j, and the City of F�rt Worth, a Texas municipa! carparation {"Cit�'), in the pe�af sum of �w� Miliion. Twenty Thflusand, �ne _Hundred Fi�htv-Four dnilars, and 7era C�nts ($�,Q20.184.0�1, lawful money of the Uni#ed States, tn be paid in Fort Wnrth, Tarrant Cnunty, 7exas, fnr #he payi'nent of whi�h 5um well and truly be made jointly unto the De�elaper and the City �s duai ohkigees, we hind aursel�es� our heirs, exe�utors, administrators, successors and assigns, jointly and se�erally, firmly by these presents: 18 WHEREAS, fle�el�per and City h��e �ntered int� an Agreement for the con5tructior� �f 19 comm�nity facilities in the City of F❑rt wartr�, by and thraugh a Community FaCilities 20 Agreement, CFA Numher CFA2�-Qi24; and 21 WHEREA5, Principal has entered inta a certain written Contract with ❑e�eloper, 22 awarded th� �day of �� nJ Q!� , 2p�]y, vyhith C�ntract is hereby 23 referred to and made a part herenf far all purpnses as if ful�y set forth herein, ta furnish all 24 materials, equipment, labar and other accessaries as defined by law, in the prasecution of the 25 Work as pro�ided fnr in said Contract and designated as Water, Sanitary Sewer, 5torm Drain, 26 Pa►►ing ar�d 5treets Lights to serve Keller Crossing Phase ]. �, 27 NQW, 'i�1E�tEFDaf, THE CONDITION OF THIS OB�IGATIqf� is such that if Prin�ipa! shall 28 pay all manies owing to a�y �and ailj payment h�nd heneficiary �as defined in Chapter �253 of ,,, 29 the 7exas Gn�ernment Cade, as amendedj in the {�rosecution af E�+e W�rk under the Cpntract, CI*1' pF F4R7 WQRTH Kelier Crassing Phase 1 5TANdARO ClTY CdN�ITIDNS — �EVELOPER AWARpE� PliOJECTS City Project Na. I02875 � Re�ised January 31, 2�12 .� 0 0 {1Ofi214-2 PAYMEIVT BDND �age 2 of 3 1 then this obiigatian sF�aFl he and beeome nufl and void; otf�erwise ta remain in fuff furce and 2 effect. 3 This bond is made and exe�utecf in �ompliance with the pra�isions Qf Chapter Z253 af — 4 the Texas Government Code, as amended, and ali liabilities on #his bond shall be determined in 5 accardance with the provtsivn5 �f said statute. 6 IN WITNESS WHERE��. the Principa# and 5urety ha�e each SIGPVE� and SEALED thi5 _ 7 instrument by duly authorixed agents and afficers on this the_�_ day af a _;��►� ��a.r y _..,.� z� 2! � g 0 0 �, ATl'EST: �- � YY- , ,._ �" �Printipalj 5etretary . � WitneSs as tn Printipal PRINCIPAL: Jacksc7n Canstru�tian, Ltd. BY: Signature Tray L Jackson, Presiden[ Name and �itle Address: 51 12 Sun Valic�� ]3rir•e Fort Wnrth, TX 76119 CITY QF FORT WORTH Kelle� Crossing Phase 1 STAfVQARLI Cf7Y CQNf]IFiC1NS — pE11ElOP�R AWARDFD PRp1EC15 City PraJect No. 1fl2875 ^ Re�ised ldnuary 31, 2412 .., rr � � RTT�ST: , - - � �L �,__. �5uretyj Secretary QDfi214-3 ?AYMFN7 6DfVD Page 3 af 3 5 ti R E�Y: The Har�o��er I nsurance C�rr�pan}� 6Y: � �� 5ignature Jack M Cr�7►►.Ic��, Attame�� in Fact Name and Title . � � — witness as ta Surety � � Address: 5UU N Akard Strcel, #43Df] Da�las, TX 7S3t)1 Te4ephone Number: y��385-9SU[) 1 2 Note: If Signed by an offi�er of the 5urety, there mUst be an �fe a certifiet� extract frpm the 3 bylaws showing that this person has autharity ta sign such p�ligation. !f 5urety's phy�i�ak 4 address is different frvm its mailing address, I�oth must be pro�ided. 5 6 The date of the bnnd shali not be prior ta the date #he Cnntract is awarded. 7 8 END OF SECiiDN EtTY OF FOR3 WORT1i STAN�ARO CiTY COMOITIpNS — S]EVEL�PER AWARpEO PRDIECTS Re�ised January 33, 2fl12 xellef Crossing Ahase 1 City Praject No. 2p2875 � � � 3 �. A 5 6 .. � .. 8 9 10 I1 1� 13 14 15 16 17 18 19 on �i i� - i MAINFENAHCE BON❑ Page 1 af 4 BC7i7L� #�L��1�1 THE STATE �F TE]iA5 CalIN7Y �F TARRANT § § s�crioro uo �z is MAlNiENANCE 80N❑ § KN�W ALL BY�HESE PRE5ENTS: That we Jackson Canstructivn. Ltd. knnwn as "Printipal" herein and The Hana��er Insura�cc Cnmpan}� a eorparate surety (sureties, if more than anej duly authorixed to do business in th� 5tate of Texas, known as "Surety" herein {whether one �r moreJ. are held and firmly bnund unta the Qeveloper. D.R. Hurton-Texas, LT�, autharired tn do be�siness in 7exas �"Qe�eloper"j and the City nf �ort Wnrth, a Texas municipai carporation j"Ci#y"j, in the sum of Twn Mfllion Twen Thousand �ne Hundred Ei h-Faur poliars and Zero Cents ($2,Q2�.184.(�j, lawful mnney of ihe IJnited States, ta be paid in Fnr�t Worth, Tarrant County, Texas, for payment of whict� sum well and iru�y he made jointly unta the Develnper and the City as duaf obligees and their su�cessors, we bind aurSe4�es, aur heirs, exetutars, administrat�rs, successors and assigns, jaintly and se►►eral[y, fir�nly by t�ese presents. 20 WHEREAS� Lle�efnper and City have entered into an Agreement for t�e cons#ructi�n nf 21 Ca+nmunity facilities in the City of Fort Wnrth by and thraugh a Cammunity Facilities Agreement, 22 C�A Number CFA�D-012fl; and 23 24 25 26 �7 28 Z9 WHER�AS, the Printipal has entered into a certain written contract with the Qe�eloper awa rded th�� [fay of �} ��t J� _ , z0� which Contratt is heretay referred ta and a made part herea# #flr al! purposes as if fu41y set farth herein, iu furnish all materials, equipmer�t la6or and ather aeceSsories as de�ned �y iaw, in the prase�ution of the Wark, including any Waric resulting #rom a duly authoriied Change Qr�fer �colle�ti�eEy herein, the "Wark"] as pror►ided for in said Contratt and designated as Water, 5anitary 5ewer, 5tarm Orain, Paving and 5treet Lights tfl serve Keller Crassing PF�ase 1; and CffYOF FORT WORTH STANE]ARD CfTY C[]NdFfipHS-- DFVELpPER AWqRAEp PRp�ECTS Re�isedlanuary 31, 2012 Keller Crpssing Phase 1 City Praject Nfl. 1D2875 �. 1 OQ6219-2 MAINTEiVANCE B�Np PdgE x uf 4 '""' 7 WHEREAS, Printipaf hinds itself to use such materials and tn sn construct the Wark in 3 accardan�e with the plans, specifir.atians and Cantra�t Doeurr�ents that the Work is and will � 4 remain iree from defects in materiais or workmanship far and during the period of twa (2) years 5 after the date nf Final Acteptance �f the Wark by the City �"Maintenance Period"j; and 5 ,� 7 WHERfAS, prineipa! binds itself to repair or recnnstruct the Wvrk in whnle or in part upon 8 receiving natice from the De�eloper andlor City af the need thereof at any time within th� ,... 9 Maintenance Perifld. Z� 17. HOW THEREFORE, #he conditinn of this obligatian is su�h that if Principal shall remedy w Z� any cfefe�tive Work, for which timely noti�e was pravided by De�elnper or City, to a �ampletinn 13 satisfactnry tQ the City, then this obiigation shalf he�ome null and �oid; ntherwise to remain in f4 fuli force and effect, 15 � 16 ARDVIDEO, HDWEVER, if Prin�ipal shall fail s� to repair or reeanstruct any timely 17 noticed defe�ti�e Work, i# is agreed that t�►e ❑evelaper or City may cause any and all such ^ 18 defe�ti�e Work to #�e repaired and�or reebnsiructed with all associated tasts thereof being 19 bome hy the Prin�ipal and the Surety under this Maintenance Band; and zo '~ 21 PR�VIDE� FkJRiHER, that if any lega! ac#inn k�e filed an this Band, �enue shaii lie in Z2 Tarrant Cnunty, Texas or the United 5tates District Court far #he Nort#�ern DiStrick of Fexas, Fort "' 23 Warth ❑i�isian; and � 24 25 PR�VIDE� FLIRTHER, that this obligatian shal} be continuous in nature and successi�e _ 26 reco�eries may be had hereon for successi�e breaches. CF7Y OF FpRT W�RTH iCeiler Crossing Phase 1 STAN{]ARQ CfTYCOhE01T1DFl5—i]EVELOPER AWRRbEf7 PRfl1ECi5 City Projett Np. 102875 � Re�ised lanuary 31. 2012 � r� oa6xx�-� MAINTEhEANCE BQNR Page 3 ef 4 1 fN WITNESS WHERFBF� the Principal and the Surety have ea�h 51GNEd and SEALED thiS r�-� ^ 2 instrurnent by duly authorixed agents and vffiters n� this the �� day of _ o� i] �."tf3l 3 ZD� f . '� 4 5 PRINCIPAL: ^ 6 Ja�ksnn C�nstructinn, Ltd. 7 ., $ BY: (.C�t�j � � 5ignature 10 ATTEST: ,_ 11 . IZ � � �3 Trc��° L .lacksan, President 14 {Principalj 5ecretary Name and Title � 15 1� Address: 51 �� un VaIlcS° Dri■°e — �7 F�rt Worth, TX 7C�119 1.8 � _ �� 2� Witness as to Printipal 21 22 x3 ,. � 4 ZS � 2fi 27 0 CITY flF FORT WORTH 57ANpARp CITY {pNpFTIDNS — �EVELOPER AWARaE4 PRDlECTS � Revised January 31, 2012 I(eller Crnssing Phase 1 City Prpje�t No. ]�2875 ... qOfi219-6 MAtIVTENANCE 6QN0 Page 4 of 4 1 5l1REiY: � 2 The Hanc�►��r Insurance Cnmpam' 3 4 �� $Y: � 5 � Signature - � 6 7 ^ g 3ack M Craw�{e}', Att��rne} in Fact 9 A�TESr= Name and Title _ �Q 11 � _ - . ' Address: w... y'1 • �-'y7 �'-. �.. r li � I3 tSurety) 5etretary .— 14 S[7[) N Akard 5treet, #43�1� 15 16 Dallas, TX 7S?Q1 w 17 � V — 18 Witness as ta 5urety Telephnne y7?-385-9F[](7 Number: 19 ,� 2D 2I *Note: I� signed hy an o�cer of t�+e Surety Company, #here must be an fike a certified extraet ^ 22 irom the 6y-laws s�owing that this persan has autharity tn sign sueh obligatian. lf 23 5urety's physical address is different from its mailing address, both must be prn►►ided. 2� � 25 The date af the bond shali nat 6e prior to th� daCe the C�ntract is awarded. ~ 2fi CITY DF FORT WpRT�{ STANDAR� CITY C�NQITIONS —�EVELpPER AWAROEa PR01ECT5 � Revised lanuary 3i, �612 Ketfer Crossing Phase 1 City Project Nfl. 102875 THE FlAPFQVER IHfSL1RANCE COMPqNY NFASSACHLJSETTS BAY INSURANCE CpMPANY CITiZENS INSURANC6 COMPAI�Y aF AMERICA YVYYGi Ut R7 1-UTiN�Y THIS PQwer af Aftorney limits the acts oE those named �erein, and they ha�e na a�thor�ty fn bind the Campany except in the manner and to the extent Yrerein stated, KIY�IN ALL PERSONS BY THESE PRESENTS: That THE HAAIDVER 1NSURAI3CE G�MPAI��'and MASSACHUSETFS BAY INSLfRAHCECOMPANY, foath being corparaiions vrganized ar�d existing uncler 3he laws af the State af New Hampshire, and GITEZ�HS INSVRANCE CpMPA�EYflF AMERSCP� a corporalion organized andexisGng underthe lawrs af the State of Allichigan, (hereinaiter indi�duafly and caiiedively tise "Campanyl'] does herehy consfRute and appaint, Sfe►�en R. Fasfer, Jack M. Crowley, l.aurie Pfl�g , and Teuta L,uri af Wiliis Towers Waisnn Insuran�e Services West, InC ai []alla5, TJ( each indi�irfuafly, if there t�e mor$ than one named, as iTs true and iaw(ul attorney[s}-in- faot ro sign, execufe, seaf, acknowfedge and deli�er for, and on its behalf, and as its act and deed any place within fhe Llnited States, any and a!I surety honds, recognizanees, underYakings, or other surety ohfigations. Ths execubon of such surety 6onds, recagnizanr.es, ur�dertakings o�suretyobligatipns, in pursuanceofthese presents, shall be as hinding upon the Campany as iFYhey had been duly signed by the president ar�d attested 6y the secrefary of the Company, in their own praper persans. Pm�ded however, that this power oT attvmey limits the acts of those narr�ed herein; a�d they ha�e no authoriry to hind the Company except in the manner stated and to the extent of any limitation stated lselaw. Any suGh a6ligatians in the Llnited Sfates, nat ta exeeed 7'tiirty Fi�e MiliFnn and No17QU {§35,00�,OODJ in any singie irtstarrce That this power is made and executed pursuant to the authorityaf the Fo]lawing Resaluiians �ssed by fhe Haard af Qirectors oFsaid Company, and said ResoluGons remain in full force and effecY R�54LVED: That the President or any Vae President, in conjuncSian with any �rx Presiderrt, be and they hereby are au[harized and empow+ered to appomt Rttorneys-in-iact aF the Company, in its name and as it acts, to execute and acknovuledge for and on its hohalf as surety, any and all bonds, reeogniaances. cantraets af indernnity, wai�ers of cifation and all vther writirsgs o67igaUary in the nature thereof, wifh power tv attach thereto the seaE aithe Campany. Aeiysuch writings sv executed by suoh Aftorneys-in-faet shall be bin�ing upon the Companyas if tlseyhad been dutyexacuted and adcnowledged 6y the regularly elected ofFicers of tije Company in thsir own proper pevsons. RESQLVEp: Thatany and al{ Po+n,�rs of Attpmey and Cortified Copies of such Powers aF Aftarney and certi�acation in rasped thereto, grantedand execuEed by the Presiden[ ar �ce President in cvnjunction with any Vice presidenf af the Company, shall �e binding on the Campany to fhe same extent as if all signatures therein were manually affuced, e�en though one or more oi any such signafures thereon may E�e facsimile. [Adopted �ctoher 7, 1981 — 7he Nana�er Insurance Company: Adopted Aprii 74, �982 — Massaohusens Bay Insurance Com}�any; Adapted September 7, 2001 — Cifizens Insurance Company oi America and effrmed hy each Company on March 24, 2614} 1N W E7ME55 W H EREpF, TH E HANOVER IKSURAhCE COlNPANY, MASSACH LiSETTS BAY IIVSU RANC E COMPANY and CfTIZENB INSL] RANCE CDMPANY �F AMERlCA fia�e r�used ihese presents to 6e seaEed with their respective carporate seafs, duly a3tesYed hy rivo Vioe Presicfents, this 10'�" day of January, 20Zi�. TH£ HAk�VER ft�FStJ � COh4PADlY dAA55AGHl}SE7T5 Y I LiRANCE COfWPAHY EITIZEI�l5 iNSURA E C l49PAFiY OF AAA�RECR VipB Presedant �+ 7� THE COMM�hFWEA�TH QF MASSACHi15�T"iS J C�UN1Y fl� WaRC�STEft } ss. y�•�� :� �•� Y' On this 10°" day of January, 2p20 befare me came H�e abo�e riamed Executive Vice PresideM and Vice President af The Hano�er Insurance Campa�y, Massachusetis Bay Insurance Comparryand CiGzens insuranr.a Campanyof America, fa me personallyknown to be fhe individuals andoffioers descriaed herein, and acknawfedged that the seais airixed tn the preceding inshumentare the corparate seals of The Har�aver Insurance Comparry, Massachusetts Bay InsuranceCampany ar�d Citizens Irfsurance Company af America, respecii�ely, and thatthe said corpvrate seals and their signatures as offioers were duly af%ced and suhscribed Fo said �sSrument by the aufhority and direc4an oi said Coroarations. �, ARLEEl� V. 5lAAQNS tr� Noiary Pu61iC CDMI�IOMN�I�TFi DF h1�58ACfR15E7i5 My CommiasFan Expires June i5, 2[iZ3 � • Ariee� V- Simons, tVotary u�c IYij! C6iTIRiiS51QiZ EXPIf@S ,]urse 15, 2�2� I, the undersigned Vice President oi The FEarFo�er lnsurance Company, Massachusetts Bay lrssurance Company and Gitizens Insurance CompanyaFAmerica, hereay certitythat the abo�e and feregoing is a fuIl, true and correct wpy af the QrEgiaal Power of AtYorney issued by said Campanies, end do hereby further certify tliaithe said Powers of Attomey are stlfl in for�e and eFfeGt, G1VElV under my hand and fhe seaEs af said Comparsies, at Worcester, Nlassaehusetis, this day of CERTIFIED C�PY THE HANOVER lilSllRAliCE Cp1Y1PAHY lHp ACkF15ETT5 BAY Ii�iSURkNCE CaNiPANY C�NS INSURA�LI�F_S�MPANY aF AM�RICA �_, � � �� -----� � Car7ick q. Hligh, Wce-P+�ldent tHE FiAH�VEit IN9URRA9CE C��RPIUiY R�ASSAGFi3JSET3S BAY IHSfJRAA1Cf C�IY�PAi�iY � �"��r The Hann�er Insuranoe Carnpariy � 444 Linwin Sfreet Worcxster, nAA 01553 I�S11tdIlC£ GIOU�7� Gtire�x Insuran[e Company af Am�ra � 645 West Grand River A�enue, Flowel� MI 48843 TexaS Camplaint NatiGe IMP�RTANT NOTICE AVIS� IMPaRTAN7E To obtasn infa►mation ar make a car�plaint: You may call The Hanaver lnsuranee Campar�ylCitizens Insurance Com�any af America's tofi-iree tefephane r�umber f�r infarmat3on or to make a cam�lairrt at: Fara a6tener informacion o para sameter una que�a: [Jsted puede lfamar al numero de te4efono gratis de The Hanover Ins�rance CampanylCiti�er�s Insuran�e Cornpany of AmerFca's para in�armacios� o para sameter �rna gueja al: 'l-8�6U8-$74'i '�-8D�8-8'141 You may also write ta The Hanover Insuran�e Companyl Usted iambien puede escribir a Tf�e Hano��r lnsurar�ce Citizens Insurance Company o� America at: CampanylCitizens lnsurat��e Campany af America al: 44Q Lineoin Street Worcesker, MA Q1515 44a Lincoln Street Warcester, MA �1515 You may cc�ntact the Texas aepartment a# Insurance to abtain infarrna�ion on companies, coverag�s, rights or compkair�ts at: 1-SD�252-3439 You may write the Texas Department of lnsuranee: P. Q. Bvx '149'I D�i Austin, T7{ �$7"f4-91D4 Fax: {5'I2} 475-1TI'i Web: httpJlwww.tdi.texas.ga� E-maif: CansumerProtect'svr��a7tdi.state.bc.us PREMIl1M QR CL►41M E]15PLJ7E5: Shauld yau have a dispute canceming yaur �remium ar about a claim yau shauld �ontact the agent ❑r the corn- pany first. If the dispute is not resalved, ya� may cantact the Texas Department of Insurance. ATfACH THIS N�TICE T� Y�L1R P�LICV: This notice is for i�forrnation only and cioes not become a part ❑r con- ditson af the attached document. Pt�ede comunicarse con ei Departamento de Seguras de �exas para abtener informacior� acerca de campanias, coberturas, derech�s a quejas al: 1-8��52-3�39 Puede escribir al Departamento de 5eg�ras �fe Texas:. P. �. 8ox 'i49104 Austin, T7( 787'�4-91� Fax: [5'f2} 475-'€771 Web: http:llwww.tdi.texa5�ov E-r►�a+l: ConsumerPratection�tdistate.bc.us D15PUTA5 S�BRE PRlMAS � RECLAMaS: Si tiene una disputa cancemiente a su prima o a un rec- lamo, tiebe camunicar5e can el agente a la eompania primero. Si no se resuei�e la c#isputa, puede entonces comunicarse can el departamentv {T�f}. LfNA ES7E AVIS� R St3 P�LI�A: �ste aviso es solQ para praposito de informacit�n y na se cor��ierte en parte o condicion del documento adjunta. ,e:-,s5� �51,� s�:eTiorr oa �i oo - P�oposAz. DEVEL�PER AWAADED C'ONTRACTS This propasal must nat be remo�ed fr�m this boak of Contract Documents. Ta: �.R. Harton-Texas LTO. PR�POSAL FDR: STREET LIGHT IMPRaVEME1�ITS PR�IECT NAMF: KELLER CRQSSING PHASE 1 IFR�C NQ. 24-�1U$ �iL� No. x-zr��o CITY Pi�Q,IECT NQ. 1Q2$75 FIIl ND. 3U� 14-020043I-10287�EQ7b85 Includes the furnishing �i ail materiais, ec�uipment and iabor for the instaliation af inedian openings, left turn lane, water & sanitary sewer impravements and a�I necessary appurtenances and in�idental work ta provitie a complete and scr�ri�eable project designated as: STREET LIGHT IMPRUVEMENTS TU SERVE KELLER CR�55i�TG PHASE 1 Pursuant to the foregoing `Notice to Sidders', the undersigned Bidder, ha�ing thoroughly exatnined the Cantraci ❑ocuments, including pians, special contract docurnents, the Te��nical Speci�cations listed in this contract. the site of the praject and understanding the amount �f work to he done, and the prevailing �onditions, hereby propases to do a�l the work. furnish ail labor, equipment and rrtaterial exc�pt as spe�ifed to be furnished by the City, rhrhich is ncces�ary to ful�y camplete the wark as pro�ided in t�e Flans and Contract Docunnenls and subject ta the inspection and appra�al ❑f the Dire�tar nf the Department of Transpartatinn & Public Warks af the City of Fort Worth, Texas; and hinds t�imself upan a�ceptanGe �f this Yropasal to execute a cantract and furnish an approved Performance Band, Payment Bnnd, Maintenan�e Band, and such other bonds, �f any, as may be required by the Cantra�t Dacuments far the perf�rming and completing of the said wnrk. Contractor proposes to d� the wark within the time stated and for the fallowing sums: Furnish and install, inciuding ail appurtenant w�rk, complete in pla�e, the following items: Page 1 nf 3 PART B - PR�P�SAL {Cont.} After acceptance af this Proposal, the un�ersigne� will execute the formal �vntract and w�ill deii�ver an apgraved Surety Sand and such ot�er 6onds as required by the Contract Documents, far the faithful perfortnance af the Contract. The attached bid se�urity, if required, is tn become the property vf the De�elaper. The su�cessful bidder shali be required ta perfarrn the wvr�C in a�cvrd with these �or�traci documents and the technical specifications a�ailahie in the City of Fort Worth's Huzzsaw site and incorporated herein and made a part hereaf far ali purpases. The undersigned assures that its employees and applicants for errtployment and thase of any labor arganization, subcontractors, ar empiayment agen�y in either fi�rnishing ar referring emplayee applicants tv the �ndersigned are nQt dis�rim,inated against as prahibited hy ihe tercns af City �rdinancc No, 727$ as amended by City C)rdinar�ce No. 74fl0. Pagc 2 of 3 r,]�l ' The Bidder agrees to hegin �onsttlt�tion within ��}ettdrrrrr�ays after issue af the work order, and ta c�mpiete the ��ntra�t within � {�C �) working days after beginning canstructinn as set forth in th� written wark Qrd r to be furnished by the awner. I{we} acknnwledge receipt of the fallawing addenda ta the plans and s�eci�cations, alI af the provisians and reyuirements of whieh have been Eaken into consideratian on preparation of the faregoin� bid: Addendum No. 1(Initials) Addendum Na. 3{Initials} Addendum No. 2(Initials} Addendum No. 4[Initials} Respe�tfully submitted, Inde endent Utili Constructian. Inc. Name of ConVactor By: (Signature7 � � � � � (Printed Name) T'itle: �f�,5 � I'� Campany Name; Inde endent Utili �:anstruction ln�. Address: St�9 Sun Valley Drir�-e __ Fort worth TX 76 �� 9 Email: � �= - C_�' Telephone: � � - � - 'i Page 3 oF3 rx� az s; ❑AI' - BID YROYOSAL Page ! oF= s�cnon� aa az as pe�elaper Awarded Proje�ts - PF2QPp5AL FORAII UNIT PRICE E31D Pro�eci Itcm Informaunrs �u [lescnpt�on UNfT V: SiREET LI.�',h 1 2605.3015 2" CQM[7T PVC 5CF1 86 (Tj � 344�.3050 Fumishllnstall LEp �ighting �ixture {70 watt ATB4 Cnbra Head] 3 3441.33Q1 Rdvry Illum FQundation TY 1,2, and 4 A 3441.335t Furnishllnstall 4�dway !llum iY i 1 Pole 5 3441.1645 furnishllnstall 7ype 338 Arm 6 3441.150i Ground Box Type B 7 9999.a008 No. l0 ?[HHW Insulated E#ec Condr S 9 1❑ 11 12 13 14 15 1b 17 18 l9 20 21 22 23 24 25 2s 27 28 29 30 31 32 33 � 35 36 37 38 39 40 49 42 43 44 6iddQr`s Application 8idder's Yrapasal Specificatian � Unit of I Ficd I ilnit Price SectEon Na. Measure Quani�h 'IN ENIPRDVEMENiS �B D5 33 LF 142� $12.70 34 41 2� EA 17 $273.00 34 41 20 EA 17 $i ,252.40 34 41 20 EA 17 $1.3]3A4 34 41 20 EA 17 $31fi.00 34411� F�1 2 $673.�0 34411� LF 4250 $1.2E Bid 4'alue $4,fi41.00 $21,284.Od $23, 341.OQ $5,372.OQ $1.346.� $5,387.BD $79.385.fi0 r�ry vF ForerNORri� STA.'�D.ARS7 Cf11STRL�CTlO� SPECiFEC.AT]O1 []pf'L�h1F.ti7S - DFL�TI.[]PF.R qH'.{ROED PROICCTS Fnrm �-ervan A7a.� ", ?u 19 ?u=�n q; nn J7 a; _FS�d �opvsal_ DAP L�chiin.• uaa^a3 UAP - HII] PRUPL75AL Pagc ? nf � sEcrioN on az aa �eveloper Awarded Projects - PROP05AL FORM UNIT PRlCE BID Bidder's Application Pra,tect EFem Enformatinn Bidder's Pro�asal $tdlESE [Fem L]es�n uon Speeificasion Unii of Bid �� Sectwn Nn. Measure (��in• L�nit Prsee fiid Vaiu� UfVIT V� STREET LIGHTING 8ed Total Canstrurtioo i'his Sid is suhmitted b►• the eati[►' ns�med below: BIUI�ER: B2: � �/ "" ` Indcpendrnt l tilih C'onsrrucitun, lne. i109 Sun ►'alle► Qrne Fan ►1'orlh, 1�� 76119 TI'[ LE: r� �� pATE: 1� � —�� 'VrT� Confnctor agrees ra camplete H'ORlC far FIHAL AC'CEPTA'�CE wiihin ��7� workiog da►'s aftrr fhe da[e Khen 1he CQti7'RAC7 rammrnceR to run ss prua�ided in fhe Certrrai fbndilions E11U pF" SF;CTlO� CIT}' QF FpR�f �F'URTH STA1tip.�FtD CpY5'FRL!CTIGIti SPECiFICATIOti flp['I;MF�TS - Dt=�'El.f1PFH .4u�.qRDtiO PRC11FC7'$ Fu�rn �'ers�on tifa} ?:,'_GlY ?i1_QI103 n!7 a:.13 Bid F4upoul 6.aP L.i�htiiig (16 45 }? pAP PHEQI'ALIFlC��TiC1N 5TATEM�:VT Pa�c 1 uf 1 SECTIQN Ofl 45 12 DAP — PREQUALII=ICATION STAT�MENT Each $idder is rec�uirec3 to comple#e tl�e ir�formation below by identifying the prequalified cantractors andlnr subcontractors whom they iniend ta utilize for the major wark type[s) listed. In the "Ma'ar Work T " bax ro�ide the catn �ete ma'or work e and actva� des�ri tian as rn�ided b the Water De artment for water and sewer and TPW for a�in , BiDDER: Independent iJti}ity Construction, Inc. 5 l �9 Sun Valley Drive Fort Worth. TX l6] l9 Bv: C:�Ar� 11� � fe �gna ure} TIT1.F: ��51 C{ � r'1� ❑A�E,: � � _ �-� --�-� �`-D END aF SECT��itiI CfTY OF FOR7 WORTH STqNQRRd CONSTRUCTIOfY PRf4UALIFICATION STATFMEN7 - �EVELRPERRWARDE� PRqlECTS ❑0 45 12 _ P req ual�h�at�on Sta [ement 2015 _pA P_ Ug h[ i ng Fprm Versiort Septem6er 1, 2015 The undersigned hereby certifies that the cantra�tors andlor suh�ontractors [fescribed in the tahle aba�e are currer�tly prequalified fnr the work types listed. oa as as - i CDN7RACTOR CpMpLEANCE WITH WORKER'S Cfl{NPENSATION LAW Page 1 of 1 1 z SECTI�N flEi 45 Zfi C�NTRAC'fOR COMP�IAI�CE WITH WC]RKER'S COMPENSATI�N LAW 3 Pursuant to Texas �abar Code Section 405.�9fi4a�, as amended, Cvntractar certifies that it 4 pro�ides warker's compensation insuran�e co�erage for al! af its emplayees employed an Ci#y 5 Project No, 1U2875. Contractor iurther certifiies that, pursuant to Texas Lahor Cade, Sectian fi 406.09fitbj, as arnended, it wiil pro�ide ta City its subcontra�tnr's certificates af campEiance with 7 worker's campensatian �a�erage. 8 CONT�tACT�R: � �a it 12 13 14 15 15 17 ZS 19 20 21 �2 23 za 25 Z6 27 28 29 30 31 �z 33 34 3S 36 j 'A .I �`r, Inde�enden# Utilitv Constr�ction. lnc. By; �'�-1 r V V �� Company ease Printj 5��9 5un Valle Dri�e _ Signature: Adcf ress Fort Worth Tx 76115 CitylState/Zip THE 5TATE OF TE}(A5 § C�UNTY �F 7ARRAPVT § iitl�: T� � � 1 U+ `� � � {p�ease Printj B�ORE�! E, the upd rsi ned a�arity, on this day persanalky appeared __ �. �r �G�Y ��L ��' � , known to me to he the persnn whose narrte �s subs�rihed to the foregaing instrument, nd ack nyvi.edge ❑ me that he/s�e execu#ed the same as the act and deed ❑r � E � t e purpQses and consideration therein expressed and iro the capacity therein stated. �VEN UNQER �rY HA�p ANd 5EA1 F OFFICE this day of n �.1r1'1" Y� r zo� f�, 1 1 I a''`Yvr''. CHRISTIIVA GARCIR � tr� .. �m's 3x;��IVetary Pu6li�, SYate af Texas =`�'. ,'Q-` Comrrt Expires 32-20-�02d I r��►_ %".'FOF�,� � Notary Public in and for the 5tate ❑f Texas •rr,,,,,�� Notary fd 13094p785 ENa OF SECTI�N CI7Y dF FpRT WOR7H STAI+lpARp CONSTRLlCTI(]N SPECIFICATI�IV ppCi1MENT5 Re�ised April 2, 2014 Keller {rossing Phase 1 City Proje�t Np. iD2875 005243-i �e�elaper Awarded Proje�t Agreertsent Page 1 of 6 1 SECTfON QQ 5Z 43 � � AGREEMEN7 r1��/� 3 TFfE5 A�REEMENT, authQrized on is made hy and between the Developer, pR. 4 Flarton-Texas, L�"R, authorized t❑ do business in Texas �"�e�eiaper"j , and Indeqendenc titilitv 5 Construction Inc, authvrized to dn business in Texas, acting by and through its duEy authorized 6 representati�e, ["Cor�tractnr"j. 7 De�eloper and Contra�tor, in eonsideration af the mutual co�enants hereinafter set fnrth, agree 8 as failaws: 9 Arti�le 1. WORK 1� Contractor shall compiete all Wark as specified ar indicated in the Contract D�cuments f4r the 11 Projett identified hsrein. 1Z Article 2. PROJECT 13 The project for which the Work under the Cantrart ❑o�uments may 6e the wh�le ❑r only a part 14 is generally described as fnll�ws: 1S KELLER CR0551NG PHASE 1 16 City Praiect No. 1U2875 17 Article 3. CONTRACT TfME 18 3.1 iime is of the essen�e. 19 All time limits for Milestanes, if any, and Finai Acceptance as stated in the Cantract 2� D��urnents are af the essence to this Contract, 2]. 3.2 Final Acceptance. 22 ihe Work will be complete for Final Acceptance within {�j warking days after the 23 date when the Cantratt 7ime cammences t❑ run as pra�ided in Paragraph 12.�4 ❑f the 24 5#andard City Conditinns of the Constructian Contract fvr [Je►►eloper Awarded Projects. 25 3.3 Liquidated damages 26 Cantract�r recognizes that time is of the essence of this Agreement and that De�eioper 27 will su#fer financial Eoss if the Wor�C i� nat �ompleted within the times specified in 28 Paragraph 3.Z af�ove, plus any extension ther�of allowed in accardance with Article lE3 Z9 of the 5tandarc! City Canditions of the Construction Cvntra�t for ❑e�eloper Awarded 30 Prajects. The Cantractor aks� reeagnizes the delays, expense and diffrculties in�ol�ed in CITY pF �ORT WORTH Keller Crnssing Phase 1 5TAIYE}ARp CpNSTRlJL74ON SPECIFfCATIOM paCL1MENT5— DEVEEpPER AWARQE� PRpJECTS CiYy Project No. 102875 Re�ised June 16, 2016 005243-2 �e�elaper Awarded Froject Agreement Page2of5 31 32 33 34 35 36 pro�ing in a legal proceeding the a�tua! loss suf#ered by tF►e C]eveinper if the Work is not completed Qn time. Ac�ardRngly, instead af requiri�g any such praof , Contractor agrees that as [iquidated damages fQr delay {but not as a penaltyf, Caniractor shaE! pay De�el4per �Jne Thnusand �olfars [$T,400.a0j fnr ea�h day that expires after the time specified in Paragraph 3.� for Final Acceptan�e until the City issues the Final Letter nf Acceptance. 37 Artitle 4. CdNTRACT PRICE 38 De�eE�per agrees ta pay Cnntractar far perfnrmanee af the Work 3n accordance with the 39 Cantract ❑acuments an amnunt in current funds of Se�en -IVine Thousand, Three FEundred 40 Ei ht -Fi�e Dollars ancf 5ixt Cents ($79 385.50 . 41 Arti�le 5. C�NTRACT D�CUMENTS 42 43 44 45 46 5.3 CONTENTS: A. The Contract �oeuments which comprise the entire agreement between aeveloper and Cantractor concerning the Wnrk �onsist of the foEiowing: 1. This Agreement. 2. Attachments to this Agreement: 47 a. Bid Farm �As pra�ided hy De�eloperj 48 Ij Proaasal Form (DAP Versionj 49 2j Prequalification 5tatement 50 3j 5tate and Federal dacuments jprojert sAec+fi�J 51 52 b. insurance ACORA Form{s] c. Payment Band �DAP Versiony 53 d. Perf�rmance Band (�AP Versionj 54 e. Maintenance 6ar�d �DAP Versionj 55 f. Power af Attorney for the Bnnds 56 57 58 59 g. Warke�'s Compensation Affidavi# h. MBf and�or 56E Commitment Fnrm �If required] 3. Standard City Generai Conditians af the Cons#ru�tion Contract for Developer Awarded Praje�ts. ci�r oF FORT woRr+� STAN�AR6 CdIdSTRL1CFIQN SPEClFfCATION DpCUMENTS — DEVELppER AWAR�E� PRQiECTS Re�ised lune 15, 2d16 Kelier Crossing Phase 2 City Prp�e[t I+Eo. 1b2875 005�43 3 �e�eloper Awarded Frojeet Agreement Rage 3 of 6 6� 4. 5upplementary Conditions. 61 S. Specifieatinns sperifiealfy made a part of the Contract Documents 6y attachment 6i or, if nat attached, as incorporated hy reference and des�ribed in the TabEe of 53 C�ntents of the Project's Con#ract pocuments. 64 fi. p�'awings. 55 7. Addenda. .. 67 68 69 7� 71 72 73 74 �5 8. aocumentation submitted by Cnntractor prinr to Noti�e of Award. 9. The follpwing which may be deli�ered or issued after the Effec#ive Date of the Agreement and, if issued, become an in�orparated part of the Contra�t ❑o�u ments: a. Notice t� Froceed. b. Field Orders. c. Change arders. d. Letter of Final Acceptante. CI7Y bF FpRT WQRTH Keller CrasSing Phase 1 STANpARd CQNSiRUCTIpN SPECIFlCATIqM OOCIJMEAFTS— DEVELflPER AWARpEO PR01ELT5 �ity Project No. i02$75 Re�ised lune lfi, 2Q16 D05243-R Qevpioper Awarded Proj2tt Agreement Page 4 of 6 76 Article f. INOEMN�FICATf�N 77 S.1 Cantrat#ar ca�enants arsd agrees ta indemnify, ho[d harmless and defend, at its awn 78 expense, the C+ty, its o�cers, servant5 and employees, frarn and agains# arey and afl 79 cfaims arisirtg aut of� or afteged t� arise aut of, the work ar�d servi�es to be perfnrrrred hy 8a the eontractor� its offi�ers, �gents, emp�oyees, subcnntractars, licenses ar invitees under 81 thRs tantract. This indemnifi�atiQn ro�isiun is s ecificall intended to o erate anrf be 82 effecti�e even if it is alle ed or r��en that ali or some �f the dama es be€n sou ht 83 ►nrere caused, in , whale or in part, 6v „an►► act, omissian or neRli�ence of the �it►r. This 84 indemnity pro�isian is intender! tv include, withaut limitation, indemnity for costs. 85 expenses and legal fees ir�curred by the ti#y in defending agains# suth claims and causes 86 of actinns. 87 88 6.2 C�n#racEar �n�enants and agrees tn indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and emplQyees, #rom and against any and all loss, damage 9� �r destructivn �f praperty pf the city� arising aut af� or alleged #o arise aut of, the work 9i and servires to be perfarmed hy the cant►actor. its officers, agents, empfoyees, 92 subcontractors, licensees �r irnitees under this �antraet. ThiS indemni�tation roWisian 93 is s �ifi�all intended ta o erate and be effecti�e e►►en if it is alie ed or ra�en that all 94 or svme ot the dama es bein sou ht were caused in whole or in art h an act 95 amissian or ne !i ence of the c'r . 96 97 Articfe 7. M15CELLANEDLlS 98 7.1 Terms. 99 7erms used in this Agreement are defined in Article i of the 5tandard City Conditians nf 1U� the Cnnstruction Contrac# fnr De�elaper Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, incfuding alI of the Contract Dncuments may not be assigned by the 1�3 Contractor without the ad�an�ed express written consent of the Developer. 104 7.3 Successors and Assigns. 145 De�eioper and Contractar each f�inds itself, its partners, suceessors, assigns and legal 106 representatives to the other party heretv, in respect to a�l �o�enants, agreements and 107 obligatians contained in the Contract DQcuments. CITY OF FORT WpRTH KeUer Crossing Phase 1 57ANQARfl CdNS7RUCT60N SPECIFICATION 40CUMENi5— �fVELpPER AWAR�EQ PROfEC75 City Project No. ].0�875 R2�ised June lfi, 20i6 DOS243-5 Developer Awarder} Projert Rgreement Page 5 aF 6 �U8 7.4 5e�era�iiity. ld9 Any provision ❑r part of ttte Contract €]ocumer�ts heid to be unconstitutinnal, ��id ar 11� unenforceable 6y a court of competent jurisdi�tion shali E�e deemed stricken, and al! 1I1 remaining pra�isions shall continue to he �alid a�d hinding upon QEVE��PER and 1Ti CONTftACT�R. 113 7.5 Go�erning l.aw and Venue. 114 This Agreement, inciuding alf of the Contract pocuments is perFormable in the 5tate of 115 Texas. Venue shail be Tarrant County, �exas, or ihe lJnited Sta#es ❑istriet Court for the 116 Northern ❑istrict of Texas, Fort Worth Oi�ision. 117 118 7.fi Authority to Sign. 119 12a 121 122 �z� 124 125 126 Cantractor shall attach e�iden�e of authority to sign Agreement� if ather t�an duly authorized signatnry af the Cantrartor. IN WfTNE55 WHERE�F, De�elaper and Contractor ha►►e exeeuted this Agreement in multiple counterparts. This Agreement is effective as of the fast date sign�d by the parti�s ("Effe�tF�e Date"j. Contra�tar: Independent Lltility Constructi�n, In�. Developer: D.R. Horton-Texas, LTp By: gy; , (Signatw � �gna e) CETY �F FpRT WORTH STANOARp CDlVSTRl1CTIpN SPECIFfCATION RaCUMENTS— �EVELqPER AWAi�DEO PRf]JECTS Re�ised lune 16, 2016 Reller Crossing Phase 1 City Preject fVo. i�2875 aas�a3-6 de�eloper Awarded PrvJett Agreement 127 Page f 5 � � � �� 4.1� W [Printed IVameJ (Printed NameJ �itle: 1�'� � � ��? r'�1.� Company �Vame: Independent Utility Canstruction, knc. Address: 51D9 5un Valley Dri�e City�State/Zip: Fort Warth, TX 7fi�I9 _1� -_ �� Date t��STFi[/�'T �%�i -��. �yG� .......,y �p� •. . � � : �`p ° �'��'� � � . %o ,�,- •o� =FeU �� ;p= -s% S� ;�� ►a� : a� � .•..r ��ge� �� • o .....-•• o �� r'f`..�►►N� i Ar, ►`'i,. Title: Company �ame: D.R. Hortan-Texas. LT€l Address: 5751 North Freeway CitylStatel�ip: Fort Wor#h, i7[ 76131 l � �z � ❑ate CITY pF FQiiT WflR7H STANDAROCQIVSTRL1iTfaN SPECIFICAT101V f]OCUMEIV75— Q�IIEL�PER AWARDEp PRpJECTS Re�ised lune i6, 2016 Kelier Crpssing PhaSe 1 City Project luo. 102875 {1�� fi I I � - I f'[_Rf�!)Hi�fANC'C BQN❑ Page 1 nF2 Fiond Na. [ 24l $2N � a 3 4 5 6 7 sECTaory aa b� i3 PERFCJRMANCE BQND THE STATE UF TE7CAS � § KNQW ALL SY TH�;S� PRESENTS: COi7NTY OF TARRANT § That we, lr�de endeni LJtilitv Constructioti. Int. , kT�o�vn as "Pri2icipal" herein and S Westfield ]nsuranc�: Company�, a corporate surety{sureries, if more ihan ❑ne} duly 9 autlinrized to do b«siness i�� tlie 5tate of'I'exas, knQ��n as "Surety" herein {wl�etlzer one or more}, l� are I�elci and firmly hound untn tl�c De�eloper, D.R. Horton-Texas L�I'� autlioriaed ta da btisiness 1 I in Texas {"De�eloper") a��d t��e City of' Fort Worih, a Texas municipal corporatinr� ("City"}, in t�e i2 penal suEn of, 5e�ent�-Nine Thousand, Three Hund��ed F..i �}�t �-Fi�e D�Ilars & 5ixt Cents i 3 ��79.3$5.60� lawful rrzoney ai the Lfnited States. to 6e paid i�i Forr Wnrtii, Tarrant CQuniy. Texas la for the payinent ❑f whi�� sum �veil and truly tn be made. jointiy unto the �e�eloper ai7d the City a,s 15 dual ohii�es, we �ind oursel�es_ our heirs, eyecutprs, administrators. s��ccess�rs and assigns,.joirltly l5 and se�erally, firmly by tilese prese�its. 17 WHEREAS, De�eloper and �ity ha�e entcred into an Agreeinent far the constrtiction of IS cam��unity f'acilities in the C'ity of Fort Wczrt}3 by and through a Cammuniry Fa�ilities Agreemeni, 19 CFA Number 2�-�120 ; and 20 W�EREAS, the Priricipal has eiitered inta a ce�-t��in written cnntract with the C7e�elaper 21 awarded tl�e �day of��v�I'y .?p'��, which C'ontract is l�ere�y referred to and ?? inade a part hereof for aIf pt�rposes as if fully set i'nrtl� herein. ta f'urnish all materials, equipment 23 ]abor and other accessnri�:s defined by law. in the prnsecution of t��e Wor�:, incliiding any Clzange 24 Orders, as provi�led fo�� in said Contract desi�nated as 5{�eet l.i litin [m ro�ements to ser�e Keller 25 Crassi «� Phase I . 2G itiEUW, TH�:REFORE, tf�e conditinn af tliis obligation is siicli that if the said Principal 27 slzall #'aithfully perform it o�li�atinn5 under the Contract and slzal! in all respects duly and f'aithfully 28 p�rf��rm tl�e Work. incl�idi�� t:han�e �rders. under tl�e CantraCt. according tn the plans, 29 specifications, and contract doc�Ements thereir� referred to, and as wei! d�irin� any period of 30 extension af the Contract that may be granted an the part c�Fthe �evelnper andlar City, tl�en this 31 nhli�ation sl�all he and becon�c n��il and �oid, oil�ei�wise to remain in fui� fcir-ce and effect, C'f"iy [7f FC]R 1" 14'[]R"[ f j kcllc� L'rnssiiie I'hasc i 5I AN[)r7RC] C']7�Y (�[l?�[]I I[C7;�'S []{:G'1 1.C)PI R All'.4ftUF:f] PF�(1JCCT5 L iri Pnryrrt Nn iCi�R7i Itc��sedJa��iar� il.?f11� ua�i i3-z PfRFOfLtiiANCF f3()Nr3 Pa�e ? nf ? Bond Nr�. 124182N I PR(]VIDEU FURTHER, that if any legal a�tian be �iled an tl�is Band, �enue sha!! lie iri 2 Tarrant Counry, �'exas ❑r the Llnited States ❑istrict Court far the Northern ❑istrict of'i'exas, Fort 3 Worth ❑i�isian. 4 This �ond is iziade and exer�rted in complian�e with the pro�isions of Chapter 2253 nf the 5 Texas Go�ernment Code, as an�ended, and all liabilities on this �o�id shall be determined in G a�cordanCe witE� the pro�isions of said stata�e. 7 IN WIT11iF,SS WHEREUF, the Principal and the Surety ha�e SfGN�D and SEALEI] tf�is 8 instrtEmer�t by diFly authorized agents anc! o�ficers an [his ti�e J�day of ��'+� . 2�� 9 10 11 t2 13 14 ]i �� r� I8 14 20 21 �2 �� 24 25 2b �� g 29 3i] 31 32 33 34 35 3G _3 7 38 AT--rEST: r ( rin ipal} cretary � itness as to Principal r � � -� Witness as to 5urety Gaia Harris PRINCIAAI_: I�iDE��'F�QENT U'1"�LfTY C'(7N5T 1Qti. [TvC. J -- 8Y: Signature Richard W'o1Fe President Tvame and Title Address: 5t09 5un Valiey pri�e Fart WorEh, i'exas 7G1 19 SLIR�.TY: V4'F,STFlEL❑ 11VSt]RA�CE CDMPANY F3�r:C��i.�.� ��.t, T I � 7 5ignature Elizabeth Gra Aitvrne -in-Fact Nan�e and Title Address: 555 Re ublic �ri�e S�ite 45U Plan❑ Texas 75074 -f elephorye Numt�er: 97?-5 IG-2b�� i4 �U �Nate: lf signed hy aii nff�ce�� o!'the Surety Coi�ipany, tlzere musk be on file a �ertifed extract 41 frnm the b�•-la�vs sl�owing that this person has a�3ttzariiy tn stgn su�h nh�igatic�n. lf 42 Surety's physiral addr�ss is differenr fram its Fnailing adr�ress, bath must be pra�ideci. 43 Thc dace of tl�e bond s]�a�I not hc �riar ta the date the Cantract is awarded. C'I i�' Q� f=llR"E V<<(]li l ll f�eifer i'rnssi3i� I'has� 1 S IANf7AR[7 C'� I Y C[7�1]fZ l[)NS — U1:Vl[1.C3Y�R �lu'AftI)I.E] f'Ri}.IF"['i"ti L'ii� t'roicrt No. ]u2k7� Rr.•ixd Janu:rn i 1. 3111? (]i}fi! k� - I PAY?�9�NTRC]NI] Pae� 1 n� ? Bond No. 124182N [ 7 3 4 S 6 THE STATE UF TF,xA� CUUNTY ❑F TARRA�VT s�criorr aa �z z4 PAYME�iT BCJND � § KNOW AL�, SY THESE PRESEN'TS: § 7 That we. Inde endent Litilii Constni�tion lnc. , known as --�rincipal" Iierein. 8 and Westtie�d lnsurance iC:om�any , a corporate surety [or sureties if more ihan 9 one], duly authnriced to dn husiness in the 5tate of"7'exas, known as "Surety" E�er�iiz {w�iether one 1� or Fnnr-e}. are held and tirmly boiind untn the Qe�eFvper ❑.R. Horton-Texas, LT�, authorized t❑ i 1 do business iEi Texas ("Qev�ioper'�}, and t�1e Citr af }�ort Wc�rcl�. a Texas mt�nic€pal corparatian 12 ("Ciry"), in tiie penal su�n of Se�enty-Ni��e ']'housand, Three �-]undred Fi�y-fiir•c D�Ilars c� 13 Si,rty Cents 7t),38�.f0� IawfcEl morzey af' €he United 5tates, to he �aaid i� Fos-t Warth, Tarram 14 Cnunty. �C'exas, t'or the payment of which sizm well and truiy be madc Jointly unto the De�elnper 15 and City as dua� o�li�ees, we hind ❑ursel�es, aur heirs, exerutors, administrators, succ.essars and !G assibns. jnintly and se��erally, firmly t�y ihese presents: 17 WHEREAS, De�elc�per and C'sty ha�e entered into an Agreement for t€ie canstructinn �f l8 co�nm�irsity facilities in tlie City of Fort Worth, by and through a Communfty Fa�ilities 19 A�reemer�t. CFA Number . 20-012� : and 20 W�RFAS, Principal has entered into a certain written Contract with CJe�eloper. 21 a�varcled t ie � day of� rt J rc r y _,?QZ.I . N,�I�� Contract is herehy referred to and 22 made a part ��erenf-for all purposes as iifutly set fn�th #�erein, t❑ furnish all i��aterials. ec�uipn�ent. 23 Iabor and other acressories as defined by la4v, in tY�e �rose�utian ofti�e Work as pro�ided for in ?4 said Contract and desi�nated as 5treet Li htin = lrr3 ru�einents to ser��e Keller Crossir� Phase 1. 25 NDVH, THF,REFDRE, '[ HE CDNU[T[ON ❑F' TH1S d13L1GATIQN is su�h t��at if Z5 f'rin�ipal sl}all pay all monies owing to any {and ail} payment 6nnd bene�"iciary (as defireed in 27 Chapter 2?53 c7f the '�exas Ga�ern�ner�t Code, as amended] in the prnsecution of'the Work un �g ?g 3D 31 der t��e Cnritrart. tlien tl�is obligati�n shall he anci he�ome nuii and �oid; otherwise to remain in f�uIl lorce and ef'fect. Cl� l" C�i r[)N1" 11'[1N7 li I:e]€�� C'ros,n�e Pfoase I tiTnNf7AR[) C'I"!"1' C'UNpll ICSNS — Df_VFI.OPLR ��1�'Aft!)Lf3 PR(3,IFC"]'S Cit� Prc�jrrt Nu lil?H7� rt�� .rd .�i111lIiIR ; i . �ui � [][7 (�i I�S _ � f'Al'M] iVFF3[11tf) Paee � u€' � I3ond No. i 24 [ 82N � 3 4 S G 7 x 9 1Q 11 I? 13 This �iand is made and executed in cnmplianc� with the pro�isinns ot Chapier 2253 of- th� Texas Gn�ernmenc Code, as amended, and all fia�ilities on this band shal] 6e determined in accordance witl� the pra�isiaris of'said statute. IN WITNESS WHEREUF, [he Frincipal and 5urery ]za�e eac� SiGNE� and S�ALE� tl�is instrtainent by duly aut�arixed age�ts and officers an this t�e � day of _a� �� . 2Cli(� AT�'EST: 1 ( rineipal e�reta�y ��. itness as to Prir��ipal A TT�;S'I�: r� � � (S«rety) 5c�retaiy Frank A. Carrino •, ,-f I � — Witness as to S�e Gala Harris PRINCIPA�,: IN�EPENdE i1TIL]TY C�NSTRt] � , 1NC. � BY: 5 ignatu re Richard Wolfe. President N�me and Titie Address: 5109 S�in Valle Uri�e Fort Worth 'I'exas 76 i 19 5LIRETY: WESTFf�L� fNSL]RANCE CQM�ANY F3Y: Signatti �iizat�eth Gra Attorne�-ii�-Fact Name and Title Address: 555 R�pri�e, 5uite 450 Plano. Texas 75074 7'elephone Number: 972-5 � 6-26pQ ivote: If si�ned hy an affieer oithe Surety, there must be on file a certifed ehtra�t from tl�e hylaws showing that t��is persnn has au[iiority to si�n suriz oi�ligation. 1!' Suret_y's physical address is different f'r«m its mailin� address, bath inust he pro�ided. 'i'i�e date pf the hcmd shall not be �rior to the date t�ie Cnntract is awarded. Eti Fl QF 5EC'i I[]14 L'!'f1 [lI f[}kTLI'C7R1fl ST,AN1).4iil] i'I"I"Y C'DNpI"1"�[]NS — UI:V�I.()Pt:R AWARDLU PR{IJ.F.CTS kev�sed.I.uivan 3].�(FI? Iti eller C'rnssens� I'kaasc• 1 f �t� E'ru�cri I�� 1[I?R7� �lI] [i? [�7 - I h7.�IN l f�!�:Aiv(:f. ki[7N1] pas� I n! 3 Rond Na. 124 [ 82N l � 3 4 5 fi 7 8 9 ro 1] i? THF STATF QF TEXAS COUNTY OF TARRANT SECT[DN 00 bZ 19 MAINTENANCE BQN❑ § � KNQW ALL $Y THESE PRES�:NTS: § T�at we �nde endent Utilit Construction [nc. , known as "Princi}�al" I�erein and Westfield insiirance Compan�, a cnrporate surety {sureties, if n3vre than nne] du�}' a�it�itirized t�a do 6usiness in the 5tate pf Texas, know�n as "5��rety" herein (whet��er one or �nare}, are l�eld and f irmly boua�d untn the De�elaper, D.R. Hartnn-"f exas LT'U authorized to d❑ hissiness in Texas ["Develnper"} and the City of Fort Wor[l�, a Texas municipal corpai�ati�tn 13 ("Cit��"}, in tl�e sum ❑f 5e�ent �-Nine �'hot�sand_ Three Hundred Ei ht -FiWe Daliars & Si�t f�4 Ce.r�ts $74.385.6� lawftil invney of tlie United States, t❑ be paid in Fart Wortfi. 'f an-ant Ca��ntv. 15 �e�as. For pa��rnent of-�vf}i�h sum well and truly be rnade joint�y unta tl�e Qe�elaper and t��e City 1 b as dual obligees arld their successors. Gve bind ovrsel�es, our heirs, exe�utors, adrni��istratars. ]l 18 19 ?0 ?I surcessars and assi��s__jointly a:�d se�erally. #irmly �y these �resents. WHEREAS, ❑e�elo�er and City ha�e eniered inta an �lgreement fo�� tl�e cnnstriiction of com�nur�ity faciiities �n Fl�e City of Fort Worth by and t�irou�h a Communiry FaciliFies A�.reeincnt. C'F11 Number 20-�12fl , and ?? W� REAS, the �rifzcipa� has entered into a certain written c�ntract with tl�e De�elo�er 23 awarded t�e� day ❑i' r/� r . 2��. whirlti Contract is Izereby ��eferred ic� arid ?� a iT�ade part herenf for all �ur�os�s as if Fully set forth herein, to furnish all s��ateriais. cquipiz�ent �; ?b 7� �g �g 30 3i ;? ;3 34 lahor and otl�er accessories as defineri 6y la�v, in tF�e prnsec�ztion nf tl�e Work, includin�, any Wnrh res�ltitz�. from a d�aly auihoriz�d Change Q��der (co�lecti�ely herein, t�se ••W'ork"j as pra�ided for tri said Cnntra�i and desi�nated as 5treet Li htin � Im ro�ements 1❑ ser�e Keller CI'oSsi n� t'hase I; and WNEREAS. Principal binds itself to use such materia�s and to so �onstruct tl�e Work in accordanc� with the plans. spee.i�catinns and Ccmiract Qoc��ments that thc Work is and wi�t �-ernain free from defects in m�terials or �varkmanship for and during the perio�i oFtwo {2) years afce�-the date o#�Fi�sal Ac�eptance of the Wnrk h}� the Cit}� ("Maintenancc 1'eriod"); and C't"["Y [7F i C3R"I' W[]H"f� I ftrllrr C'ru�tiin� I'hatic f S'1ANi]ARf] CI I'1' C[INUI"f'I[]f�ti — 17�VF! []P! R.�WAR[71.I.� PEit7.li-C'7"5 {•�� Prugcrt Nn III�R7i Rcnud lanuan 31. �U I'_ fl[1 (�? I�] - ? W1AIfv"I"�AiANC'E 13[lRE] P�ge 2 ��i i 6cfnd Nn. 1�4 I 82N [ � 3 � 5 ( 7 8 9 10 il i� l.i l4 15 ]5 17 18 l9 �a zr z� z.; WHEREAS, Yrinripal bit�ds itse2f tq repair or rec�nstruct the Work in wh��ie or in part upar� recei�ing notice from tl�� C]e�eloper ancilor City nf'the need therec�f at any ti�ne ��iil�in tlie Mai��ter�ance Period. NUW THEREFURE, the �vnditia�� af this n�ligativn is sur1� thai if Principal s[tall remedy any defecti�e Work, fnr wliich timely notice was pro�ided hy €7e�eloper or City. Fo a completi�n satisfactory to the City, Fhen this obFigation shall become nuEl and �oid; otl�er��ise to remain in f�ll fQrce and effect. PRi�V1�E�, HflWEVER, if PF�in�ipal sha[1 €ail sn t❑ repair or recor�str�rct a��r tim�!} nn�iced defec#i�e Work, it is a�reed that lhe Ue�e[aper or City may cause an� and all su�h defecti�e W'ork to be repair�d andlac� rccc�nstrurted with aif assoriated casis thereoF bein� bprn� by the Principal and the 5urety under this Maintenance Qnnd; and 1'RCiVIIIED FURTHER, tf�at if any legal action be filed on this I�ond. �eT�ue sliall lie i� Tarranl County, Texas or the LJnited 5tates ❑istrict Court For tl�e Noriktern �istrict of Texas, Foi�t Wortii Di�isiori: and PRDVIDED FL]RTHER, ti�at this oh[i�ation sl�alE �ie cantinuvus in natiar� and surcessi�e recn�eries rnay he lia�i hereon for suc�essi�e breaches. L'I I Y[]F F(7R'f W(3K f 1 i S f A:�'l)ARf7 CITI' CC7NL7I I �t 1NS —[7FV1_I.(]f'E-R A�4'��R[}f:I] PI2[]JLC� l S Rnvscd.�aiuian iI.?UI_' krflrrC ri+ss�izs� Ph.�se I Cll� f'rujrri M1u. 1[l'R7� f 1[} f,? I�] - 3 MAIM1i l f:ItirINL'I: k3C71�iI] f'aer3ui3 i3nnd No. ! �4 I 82N I IlV WITNESS WHEF2EOR, the Principal and the S�irety ha�e eacl� S�GNELJ and S�:A[.F�7 t��is 2 instri�mertt by duly authoriled agents and offi�ers o�� tfiis ihe � r�ay of �E[�� ,�{]7�. 4 5 G 7 8 c� 1D Il I� 13 14 FS 16 17 l�, i9 20 21 2? 23 24 7j 26 ? �7 28 ag 30 31 ;2 33 34 ATTES � (Principal] 5ecretary � '1 � • . ness as �o Prin�ipa! ATTEST: �:.=a....� � �.' [Su i e reta ,�anh A. Carrino , �� Witness as ta Surety ala Harris 35 36 *Note 37 38 39 �}0 41 PRINC[PAL= ]NL]EPE��'C7I� L`TILI'I-Y CnNSTR N I'�C. BY: Sien ure R'schard GVolfe, Presi�fent !tiaine and Title Address: �304 Sun_Va}le� ❑ri�e Fart 1�l'ort)i. Texa; 7G I I 9 SURETY: WESTI=IELD lNS�1R�INCE C'C}�1h.ANY , 6 Y : � ��_.�'�.�� 5i�n re E3izaheth C;ra Atmnie�-in-Fact �lanie and T�it[e Address: �55 Re�ubli� ❑ri�e. Suite=iSL} Piana Texas 7SQ7�} Telephone l�umber: 97?-S1G-�6�D If sign�d by an afficer oFthe 5«rety Cornpan}. tliere m��st be on tile a �crtitieci ettract f'rom tiie 6y-laws s��owing tl�at this person has a��thor-ity la si�.�n si�ch nbli�;atian. If 5urety's pl�ysical address is different Frorn its mailin� add�ess, hot#z intist �e �r��ided, Ti�e date of tl�e band shali riot he �rior to the date the Cantra�t is a�iard�tl. C'I I Y Df f(]1t'f 1�1'ORTI1 kcllcr L'rnasine Phasc I S f ANI].�R�7 C I'i'Y C[7iVi?�TI(]P!5 -- I]F V1.1.[}pl=k A�A Ai�[)[ I7 P32(}.II:(' f� C'in I'rc+je�� Nn. 1[1?R7� Re� iud.lan�ian 31. ?Cli? iMPo��ANr Nori�E To obEain informafian aT make a camplaint: You may call Wes#field fnsurance Com�any's andlar Qhio Farmers Insurance Campat�y's tol!-free telephane r�um6er for information or to make a cflrr��Eai�t at: 1-8Q0-368-3597 Y�u may alsa write ta Westfie�d Ins�arance Campa�sy andlar Ohio Farrt�ers lnsurance Campany at: 555 Republic �ri�e, 5uite 45�} PIanQ, Texas 75D74-88�L8 Yau may cantact the l�exas Departr�ent of Insurance to ❑btain ir�fflrmatian on companies, ca�erages, rights t�r camp[aints �t: 'i -8Q�-252-3439 Yau may write the Texas �epartment a€ Insurance: P. 0. Box 'f491�4 Austin, TX 7871 �-91 Q4 Fax: [532} 475-1�71 Web: http:llwww.tdi_s#ate.tx.us E-mail� CansumerProteetianC�tdi.state.#x.us PREMfUM ❑R CLAIM DISPLJTES: 5hould yQu ha�e a dispufe concern�ng your premium or abaut a claim you should cor�tact th� ag�nt or Westfieid Insurance Cam{�any andlor ❑hio Farmers Insurance Comapny firsi. ff the dispute is not �esalved, you may con#a�t the Texas Department of Insurance_ AT'TACH THlS NQT�GE T� Y�UR P�LI�Y: This notice is for information flnly and does nat become a part or canditf�n of the attached doeurnent. AVlSD IMP�RTANTE Para ahiener informacion a para sameter una que}a: Ust�d puede Ilamar al numera de telefono gratis de WestField Insurance Company's 1 �hio Farmers Insurance Company's para inform��ion ❑ para someter ur�a queja al: 1-8�Q-368-359T Llsted tamhien pu�de escriE�ir a WeStfield Enst�rance Company ! �hio Farmers Irtsurance Campany: 555 Republic Orive, Suite �450 Pla na, Texas 75QT4-8848 Puede �omun��arse can el Departamento de Seguros de Texas {�ara ohtener infarmacion acerca de campanias, coberturas, C��Ch05 D C�L1BJ�5 �I: 9-$��-252-3439 Puede escr�bir al Departamento r�e 5eguros de Texas: P. O. Box 149104 Austir�, TX 78714-91 �4 F�x: (512j 475-1771 Web: h�:llwww.tdi.state.tx.us E-rnail: ConsumerProtection(c�tdi.state.tx.us �ISPUTAS S�6RE PRIMAS 0 RECLAM�S: 5i tiene una disputa can�erniente a su prima o a�n re�Eamo, de�e camunicarse can el agenfe o Westfield Insurance Company 1 Dhio Farmers Insurance Company primero. Sf no se resuefve la disputa, �uede entances carnunicarse can el departarr�enta �TDIj. UNA ESTE AVI50 A SLl P�LIZA: Este a�iso es s�ola para propasita de inforrnacian y no se con�ierte en parte o candicion de! dacumento adjunta. - ---. �+ ._.__ .__ __.- . ..,..,. ,....,-..�.,. � , r...n nn r r=rc��+�v ..+rc r�rc-��•�.r i...m�u o��.xr. General Power of Atto rn ey CERTlF1�� C�PY Westfie�d Nationa! Insurance Ca. �hio Farmers Insurance Co. Westfield Center, Ohi� Knoiw AN Men 6y These Presents, That WESTFIEi.C] lNSURANC� C�N4PAMY, WESTFIEL� NATldNAL INSURANCE CDM?AMY and OH}O FAf2N,1ERS ItJSUF2ANCE C�A+IPANY, Cprparations, hereina�ter referred to indl��dua3ly as a'Gompany" and �olle�trvely as 'Campanies," duly organizeQ and exrsting trnder the laws of the 5tate af Dhio, and having ifs prffi�ipal ofPi�e in Westheid Center, Med�na Caunty, C7hia, pp by Ehese pr�sents make, CansFElute and appoint CHARLES �. $WE�HEY, MICHAEL A. SWEEHEY, KYLE W. SWEEhfEY, ELIZA6EFH GRAY, JaINTLY OR SENERRLLY ai FORT YY�RTH and State af T7( ifs true and lawfua Aitorney�s}-ia-Fact, wrth fukl pflwer and aufhprity hereby cpnferred in iFs name, p!a[:e and stea�, to axeeute, ack�owledge and ❑eii�er any and af! bonds, re�ogruzances, undertakings, or o�her instrumersts ar contracts nf suretysfiip- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIiW[TATION_ iHIS PDWER ❑F AiTORNEY CANN�T BE {JSE� T� ERECUiE NqTE GUARANTEE, M�RTGAGE OEFICIENGY, MpRTGAG� GUARANTEE, aR BANK �EPaSITORY BpNdS. and io bind any oi the Companies [hereby as fuily and Fo the sams exfea�i as if such bonds were signed by the Pres�dent, se.ated wat� the �arporate seal of the applacaple C.t�mpany and duly attes[ed py its Secre[ary, herehy rafifying and confirming all that the said Attnrney[s}-in-Fa�t may dv in the preml5es. Saip appv�nlmEnt is made under a�d by aufhority ❑f F�e follawing resvlution adapied by the Baartl Of DireGFors of eaGh ot tne WESTFI�LD Ih(SIiRANCE CDMPANY, WESTFIEL� NATIdNAL lI�SURAIVCE CDAAPANY and L]tii� FAFtMERS INSURANCE COMPANY: "6e 1i Resolved, that the President, any Senivr Executi�e, any SeGratary vr any Fidelity & 5urety �perations Executi�e ar ather �xe�utiveshall be and is heret]y vested with full power and �uthority tO appoint any one or more suitable persarls as At[Orney(s]-in-Fact ta represenf and act €Or and on behalf of tfle Company suk�jeC! ta [he fol3pwing prvvssiQf'is' 7he At[brney-+n-Fact. rrlay be given full power and author�ty For and in the name pf arta on 6ehaif oF the Campany, to execute, acknowleCge and dali�er, any aracf ali bonds, recognizances, contrads, agrerrments oF indemnrty and vther conditiona! or ohligatory undertakmgs and any and all nptices and documen[s ca�cefing or terminating the Compar�y's lia�ility thereunder, and any su�h instruments so executed py ar�y such Attvrnay-in-Fact shall �e as bin�ing upon the Cnmparty as if signed by the Presideni and sealed anp attested t�y the Cor�ibrate Secretary.' "6e it Further Resa�ve^ar, that the sfgnature af any such designafed person and the sea[ pf the Compaay haretoTore or hereafte� affixed to any power of attorney or any cer[ificate relating thereto by iacsimite, anp any pvvver nf attvrney ar certificate �earing fa�s�mEle sigr�atures or facsimile Sea! sha�l be �alid and hinding upon the Company With respeGt to any bon0 ar undertaking [o WhiCh it is afiacheG." (�ach adqpteG a[ a mee[iRg held an Fetaruary S, 2�qj. fn Witness Nlhereof, W£S7FIELD INSURAMCE CpMPANY, WESiFIELt} HATEQNA� INSURANCE COMPA�iY and L1Hf� FARAAERS IMSURANGE CdMPANY ha�e cattsed fhese presents to be signed hy their 5enivr Escecati�e and tfieir r,arporate seals to be hereto affixed tnis 24lF� day of APR#L R.L}., 2ptt . Corpara[e �� Sea� s Q�..�--•.. _Ctp � Alfixed �rri �' � [r 1 � M � +�/As�,L s a } ��l'+ 'ti� � ��.�J � ��...� � State of Ohia �"""- County ar Medina ss__ ••;�yP-��ON��L ��'. : �'; '�r •sri�y � ;� �7�' �, .p _ • k P�WER N0. 4220052 Dfi W�estfield Insurance Co. �:, 184g ; + ••�-- '• WESTFIELD {NSURANCE COMPANY WESTfIELfl NATIONAL INSURANCE GQMPAHY DHIQ FARMEf2S E�fSkJFiAhlC� COMPAMY � ` _ . 8�/. Richard L. Kinnaird, Jr., Nativaaf 5urety teader and 5errior Ex�cufi�e On this 20ih day of RPRfI. P�O., 2a77 oeFore ma personaliy rzme Richard L. Kinnaird, Jr. tn me known, who, being by me duly sworn, did depose and say, that ha resides In Medina, ❑hio; that he is 5eniof �xeCUtiYe of WESTFIEL£1 lMSURANCE CDMPANY, WESTFfELp MA7IDNAL INSURANCE COMPANY and pHip FARMERS 1NSURANCE GdlNPANY, the companies descrihed in and whir.F► execute0 the ahave instrument; that he knaws the seals vf said Companies; that the seals affix� to said instrument are such ovrporate seafs; that they were sfl affixed by flrder af the 6oards of Directors of said Campanies; and tt�rat he signed his name thereto Gy like order. Nvtarial ��ed ,iPR � � � Q.: -1�i��!/� � Z•�:A-r r • ll��liam J. iCahelin, A rney at Law, lYotary Publi� State of Dhia �� p My Commission Does Not Expire (Sec. 547.03 �hio Re�ised Coda} County Qf Meclina ss._ � .t+ �ti,.4, TE p � � .fi' I, Frank A. Garrinv, S�cretary Qf WESTFIELD I.NSURAi�GE COMPANY, W�STF[ELEI NAT[�MAL 1NSifRANCE C�MPANY artd �HiO FAft�lERS INSIJRANCE GOl�.4PANY, da herehy �ertify that the abo�e and Fnregoing is a true and carrect cvpy �f a Power of Attorney, executed by sat� Companies, whi�h is stili in full iorce and effe.G; and fur�hermore, the resalutivns af the Boards of �ire�tvrs, set out in She Pawer of Attarney are in fulf force and eifect. 1►+ Witr+ess Whereof, l Feave hareunto set my hand and affixed the seals oi said Cvrnpar?i�s at WestfielC Center, Ohio, this day af ��y�c �o,�•'" � "•tiA� .� l� r ;O f N = ��.�,�, : � ;�e ��' �� vd P�`�� ,�s�� - :�.; ,p�j ; �,; SEAL �� ' 'a, •-� - l��j �' ��"r�,� y�� . � �� ` ; a _ f .Srrrarerp s; le4B .z= � ., _ � _ ; •* : Frank A. Carrino, 5er,retary BP�AC2 [cvrt�6ined] (a5-�2) 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. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 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 Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102875 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 Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102875 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 Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102875 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 Keller Crossing Phase1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 engineering and detailing costs caused by the requested substitution? B.What effect does substitution have on other trades? C.Differences between proposed substitution and specified item? D.Differences in product cost or product delivery time? E.Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 38 Construction Specification [if required for the project] 39 1. Comply with equipment, operational, reporting and enforcement requirements set 40 forth in NCTCOG’s Clean Construction Specification.} 41 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 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 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Keller Crossing Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102875 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised March 20, 2020 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 the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a)1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a)Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a)Distribute 3 hard copies to City’s Project Representative 4.Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a.Name of pit b. Date of delivery c.Material delivered B.Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised March 20, 2020 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 list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A.Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B.Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C.Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D.See Section 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 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A.Section Includes: 1. Mobilization and Demobilization a.Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2)Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4)Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1)Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c.Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a.Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a)Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a)Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a)Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c)Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a.Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a)Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a)Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c)Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a.A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B.Deviations from this City of Fort Worth Standard Specification 1. None. C.Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2.Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A.Measurement and Payment 1. Mobilization and Demobilization a.Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a.Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c.The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a.Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a.Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c.The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a.Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c.The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Keller Crossing Phase 1 City Project No. 102875 Revised April 7, 2014 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 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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 Keller Crossing Phase 1 City Project No. 102875 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