HomeMy WebLinkAboutContract 55634-PM1CSC No. 55634-PM1
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENT3
SECTION 00 0010
TABLE OF CONTENTS
DEVELOPER AWARDED PROJECTS
Division 00 - General Conditions
Page 1 of 5
Last Revised
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00 42 43 Pro osal Form Unit Price OS/22/2019
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00 45 12 Pr ualification Statement 09/01/2015
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00 45 26 Contractor Com . liance with Workers' Com �ensation Law 04/02/2014
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00 52 43 A reement 06/16/2016
00 61 25 Certificate of Insurance 07/O1/2011
00 62 13 Performance Bond O 1/31 /2012
00 62 14 Pa��ment Bond O1/31/2012
00 62 19 Maintenance Bond O1/31/2012
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00 73 10 Standard City Conditions of the Construction Contract for Developer O1/10/2013
Awarded Proj ects
Division Ol - General Re uirements Last Revised
O1 11 00 Summan� of Work 12/20/2012
O 1 25 00 Substitution Procedures 08/30/2013
O1 31 19 Preconstruction Meetin 08/30/2013
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O1 32 33 Preconstruction Video 08/30/2013
O1 33 00 Submittals 08/30/2013
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O1 45 23 Testin 7 and Ins ection Services 03/20/2020
O1 50 00 Tem _ orc�r Facilities and Controls 07/O1/2011
O1 SS 26 Street Use Permit and Modifications to Traff'ic Control 07/O1/2011
O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011
O1 60 00 Product Re uirements 03/20/2020
O1 66 00 Product Stora e and Handlin� Re uirements 04/07/2014
O1 70 00 Mobilization and Remobilization 04/07/2014
O1 71 23 Construction Stakina 04/07/2014
O1 74 23 Cleanin� 04/07/2014
O1 77 19 Closeout Re uirements 04/07/2014
O1 78 23 O eration and Maintenance Data 04/07/2014
O1 78 39 Pro'ect Record Documents 04/07/2014
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Kevised March 20, 2020
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 5
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
None
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's website at:
httn ://fortworthtexas.gov/tpw/contractors/
or
htt€�s://an [�s.fortworthtexas.��ov/ProiectResources/
Division 02 - Ezistin Conditions
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Division 03 - Concrete
Last Revised
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03 30 00 Cast-In-Place Concrete 12/20/2012
03 34 13 Controlled Low Stren�th Material (CLSMl 12/20/2012
03 34 16 Concrete Base Material for Trench Re air 12/20/2012
03 80 00 Modifcations to Existin� Concrete Structures 12/20/2012
Division 26 - Electrical
26 OS 00 Common Work Results for Electrical 11/22/2013
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26 OS 33 Raceways and Boxes for Electrical S�stems 12/20/2012
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Division 31 - Earthwork
31 10 00 Site Clearin� 12/20/2012
31 23 16 Unclassified Excavation O1/28/2013
31 23 23 Borrow O1/28/2013
31 24 00 Embankments O1/28/2013
31 25 00 Erosion and Sediment Control 12/20/2012
31 36 00 Gabions 12/20/2012
31 37 00 Ri ra 12/20/2012
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised March 20, 2020
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 5
Division 33 - Utilities
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33 OS 30 Location of E�ustin� Utilities 12/20/2012
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CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPERAWARDED PROJECTS CPN 102869
Revised March 20, 2020
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00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 5
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Division 34 - Trans ortation
34 41 10 Traffic Si�nals 10/12/2015
34 41 10.01 Attachment A— Controller Cabinet 12/18/2015
34 41 10.02 Attachment B— Controller S ecification 02/2012
34 41 10.03 Attachment C— Software S ecification O1/2012
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34 41 20 Roadwav Illumination Assemblies 12/20/2012
34 41 20.01 Arterial LED Roadwa�� Luminaires 06/15/2015
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34 41 30 Aluminum Si�ns 11/12/2013
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34 71 13 Traffic Control 11/22/2013
CTTY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised March 20, 2020
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 5
Appendig
None
END OF SECTION
CITY OF FORT WORTH Traffic Signal to Seroe Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised March 20, 2020
DO 42 43
DAP-BIDPROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
��11��,�,���: �
Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measu�e Quantity Unit Price Bid Value
UNIT IV: PAVING IMPROVEMENTS
1 531 6006 CURB RAMPS (TY 3} TxDOT 531 EA 2 $3,830.00 $7,660.00
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TOTAL UNIT IV: PAVING IMPROVEMENTS $7,660.00
CITY OF FORT WORTH
STANDARD CONSTAUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 _DO 42 43_Bid Proposal_DAP.xIs
00 42 43
DAP-BIDPROPOSAL
Page 5 of 7
SECTION UO 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
Description Unit Price Bid Value
No. Section No. Measure Quantity
UNIT V: STREET LIGHTING IMPROVEMENTS
1 3441.3003 Rdwy Illum Assmbly TY 18,18A,19, and D- 34 41 20 EA 1 $4,400.00 $4,400.00
2 3441.3051 Furnish/lnstall LED Lighting Fi�ure (137 34 41 20 EA 3 $750.00 $2,250.00
3 3441.3301 Rdwy Illum Foundation TY 1,2, and 4 34 41 20 EA 1 $1,100.00 $1,100.00
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TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $7,750.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PAOJECTS
Forsn Version May 22, 2019 _00 42 43_Bid Pmpossl_DAP.xIs
00 42 43
DAP-BIDPROPOSAL
Psge 6 of 7
SECTION 00 42 43
Developer Awarded Projects - PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Specification Unit of Bid
No. Description Section No. Measure Quantity Unit Price Bid Value
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
1 0170.01 �2 Work Order Mobilization (Misc Only) 01 70 00 EA 1 $6,500.00 $6,500.00
2 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 1 $7,500.00 $7,500.00
3 2605.3015 2" CONDT PVC SCH 80 (T) 26 05 33 LF 335 $14.00 $4,690.00
4 2605.3016 2" CONDT PVC SCH 80 (B) 26 05 33 LF 385 $34.00 $13,090.00
5 2605.3025 3" CONDT PVC SCH 80 (T) 26 05 33 LF 245 $16.00 $3,920.00
6 2605.3033 4" CONDT PVC SCH 80 (T) 26 05 33 LF 65 $17.00 $1,105.00
7 2605.3034 4" CONDT PVC SCH 80 (B) 26 05 33 LF 280 $38.00 $10,640.00
8 3217.0501 24" SLD Pvmt Marking HAE (W) 32 17 23 LF 162 $20.00 $3,240.00
9 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 10 $250.00 $2,500.00
10 3441.1001 3-Sect Signal Head Assmbly 34 41 10 EA 8 $1,500.00 $12,000.00
11 3441.1003 5-Sect Signal Head Assmbly 34 41 10 EA 1 $2,500.00 $2,500.00
12 3441.1011 Ped Signal Head Assmbly 34 41 10 EA 2 $1,000.00 $2,000.00
13 3441.1031 Audible Pedestrian Pushbutton Station 34 41 10 EA 2 $2,500.00 $5,000.00
14 3441.1215 Furnish/lnstall Hybrid Detection System 34 41 10 APR 3 $9,000.00 $27,000.00
15 3441.1217 Furnish/lnstall Hybrid Detection Cable 34 41 10 LF 650 $4.00 $2,600.00
16 3441.1221 Furnish/lnstall Model 721 Preemption 34 41 10 EA 3 $2,700.00 $8,100.00
17 3441.1224 Furnish/lnstall Preemption Cable 34 41 10 LF 635 $2.00 $1,270.00
18 3441.1311 5/C 14 AWG Multi-Conductor Cable 34 41 10 LF 795 $3.00 $2,385.00
19 3441.1312 7/C 14 AWG Multi-Conductor Cable 34 41 10 LF 100 $3.00 $300.00
20 3441.1315 20/C 14 AWG Multi-Conductor Cable 34 41 1 � LF 480 $5.00 $2,400.00
21 3441.1322 3/C 14 AWG Multi-Conductor Cable 34 41 10 LF 420 $2.00 $840.00
22 3441.1408 NO 6 Insulated Elec Condr 34 41 10 LF 30 $2.00 $60.00
23 3441.1409 NO 8 Insulated Elec Condr 34 41 10 LF 2545 $2.00 $5,090.00
24 3441.15�1 GroundBoxType6 3441 10 EA 1 $1,200.00 $1,200.00
25 3441.1503 Ground Box Type D, w/Apron 34 41 10 EA 7 $1,500.00 $10,500.00
26 3441.1713 Signal Cabinet Foundation - 352i 34 41 10 EA 1 $4,500.00 $4,500.00
27 3441.1725 Fumish/lnstall ATC Signal Controller 34 41 10 EA 1 $3,380.0� $3,380.D0
28 3441.1741 Furnishllnstall 352i Controller Cabinet 34 41 10 EA 1 $20,000.00 $20,000.00
29 3441.4001 Furnish/lnstall Alum Sign Mast Arm Mount 34 41 30 EA 9 $460.00 $4,140.00
_ _ _
30 3441.4003 Furnish/lnstall Alum Sign Ground Mount City 34 41 30 EA 2 $1,10D.0o $2,200.00
31 3471.0001 Traffic Control 34 71 13 MO 4 $1,200.00 $4,800.00
32 3471.0002 Portable Message Sign 34 71 13 WK 2 $750.00 $1,500.00
33 9999.0002 Furnish/ Install PTZ Camera 00 00 00 EA 1 $7,500.00 $7,500.00
34 9�:��.0003 Furnish/ Install PTZ Camera Cable �0 00 00 LF 95 $4.00 $380.00
35 9999.0004 Furnish and Install 4G LTE Cellular/WiFi 00 00 00 EA 1 $2,500.00 $2,500.00
36 9999.0005 Furnish/ Install Intemal BBU Unit (ZINC 5) 00 00 OD EA 1 $7,500.00 $7,500.00
37 416 6031 DRILL SHAFT (TRF SIG POLE) (30 IN) TxDOT 416 LF 11 $385.00 $4,235.00
38 416 6032 DRILL SHAFT (TRF SIG POLE) (36 IN) TxDOT 416 LF 13 $410.00 $5,330.00
39 416 6034 DRILL SHAFT (TRF SIG POLE) (48 IN) TxDOT 416 LF 22 $465.00 $10,230.00
40 686 6031 INS TRF SIG PL AM(S)1 ARM(28')LUM TxDOT 686 EA 1 $8,900.00 $8,900.00
41 686 6051 INS TRF SIG PL AM(S)1 ARM(48')LUM Tx�OT 686 EA 1 $11,100.00 $11,100.00
42 686 6067 INS TRF SIG PL AM(S)1 ARM(65')LUM TxDOT 686 EA 1 $22,515.00 $22,515.00
43 687 6001 PED POLE ASSEMBLY TxDOT 687 EA 2 $1,500.00 $3,000.00
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TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS $26�,140.00
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMEN7S - DEVELOPER AWARDED PROJECTS
Form Version May 22, 2019 _00 42 43_Bid Proposal_UAP.xIs
0o aa a:
nnr- oin reorosni_
Page 7 o F 7
UNIT PRICE BID
Pruject Item Intorm�tion
No.
SECTION 00 42 d3
Developer Awarded Projects - PROPOSAL FORM
Descrip[ion Specification
Section No.
Bid Summary
UNIT I: WATER IMPROVEMENTS
UNIT II: SANITARY SEWER IMPROVEMENTS
UNIT III: DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V: STREET LIGHTING IMPROVEMENTS
UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS
Total Construcfion
'Pliis 13id is submitted by the entity n�med belorti,:
131UDER:
Durablc Specialtics, lnc.
1'.O. liox 5359G9
Grand 1'rairie, 7'X 75053
Contractor abrecs to cumpletc WORK for �INAL ACCEPTANCC within
CONTRACT commences to run as provided in fhe Gencral Conditions.
_ ...__- --- ----- —_ _ _....._ __
___ _ _ _ _._ ..-_-- --- _$7�,660.00
$7,750.00
$260,14�.00
l3V: Patrick . Bry�a�
'fITLE: Presidcnt
DATL:
ll a /2�
60 days workine days alter the d:�te e-hcn thc
CND OF SCCTtON
Bidder's Application
Bidder's Proposal
Unil of � Bid J �
Measure Quantity � Unil Price Bid Value
CITY OF FORT WORTtI
STANDARD CONSTRUCTION SPCCIPICATION DOCUMGNTS - DEVGLOPER A WARDEO PROJLCTS
Fonn Vcrsion May 22. ?019
DO 42 93_f3iA Propasal_DAP.ris
1/19/21
10/19/22
0o as �6 - �
CONTRACTORCOMPLIANCE WITH �VORKER'S COMPENSATION LAW
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SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insuraiice coverage for all of its employees employed on City
ProjecY No. 102869. Contractor furdler certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTUR:
Durable S�aecialties. Inc.
Compai7y
P.O. Box 535969
Adclress
Grand Prairie TX 75053
City/State/Zip
THE STATE OF T�XAS
GOUNTY OF TARRANT
§
§
_ By: _ 0'�'r T�"IGf�- �- • /ii' q,�j
lease Print)
Signature: �
Title: �!'tJJ �U'►f
{Please Px-int)
BEFOI�E ME, the undersigned authority, on this day personally appeared
�ai�,c-�- �• k3 . known to me to be the �erson whose name is
subscribeci to the foregoing instrume t, and acknowledged to me that he/she executed the same as
the act and deed of ��,ra.�.l� �._ � F.lh�.r, �r�• for the purposes and
consideration tl�erein expressed and in the ca�acity therein stated.
GIVEN IJNDER MY HAND AND SEAL OF OFFIC� this �� � day of
��,; ���rn_ , 20?�1. - —
��1?P�n i;;CHIBALD
tdotary Pu�lic, State af Texa:
Con�m [xpiras 10-14-2023
h'ut.+ry +J 132209304
�'' �-� .-rJ
,� J .
, � � �r�
Notary Public in and for the State of Texas
END OF SECTION
CITY OF FORT WORTH Traffic Signal to Serve Business?87 and Eaele �+iounlain Pk�ay
STANDARD CONSTItUCTION SPHCIFIC.4T10N DOCUMLNTS CPN iD3S69
Revised April 2, 2b14
00 52 43 - 1
Developer Awarded Project Agreement
Page 1 of4
1
2
SECTION 00 52 43
AGREEMENT
3
4 THIS AGREEMENT, authorized on�� 25�202� is made by and between the Developer,
5 Meritage Homes of Texas. LP, authorized to do business in Texas ("Developer") , and Durable
6 Specialties, Inc., authorized to do business in Texas, acting by and through its duly authorized
7 representative, ("Contractor").
8 Developer and Contractor, in consideration of the mutua.l covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The proj ect for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 Traffic Signal Improvements to Serve Business 287 and E<=le Mountain Parkwav
17 CPN 102869
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time � limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 60 working days after the date
24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard
25 City Conditions of the Construction Contract for Developer Awarded Projects.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Ageement and that Developer
28 will suffer financial loss if the Work is not completed within the times specified in
29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
30 the Standard City Conditions of the Construction Contract for Developer Awarded
31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees
34 that as liquidated damages for delay (but not as a penalty), Contractor sha11 pay
35 Developer zero Dollars ($� for each day that expires after the time specified in
36 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised June 16, 2016
00 52 43 - 2
Developer Awarded Project Agreement
Page 2 of 4
37 Article 4. CONTRACT PRICE
38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of two hundred sevent -five thousand five hundred fif t�
40 Dollars ($275,550).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43 A. The Contract Documents which comprise the entire ageement between Developer and
44 Contractor concerning the Work consist of the following:
45 1. This Agreement.
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65
66
67
68
69
70
71
72
73
74
2. Attachments to this Agreement:
a. Bid Form (As provided by Developer)
1) Proposal Form (DAP Version)
2) Prequalification Statement
3) State and Federal documents (project specific)
b. Insurance ACORD Form(s)
c. Payment Bond (DAP Version)
d. Performance Bond (DAP Version)
e. Maintenance Bond (DAP Version)
f. Power of Attorney for the Bonds
g. Worker's Compensation Affidavit
h. MBE and/or SBE Commitment Form (If required)
3. Standard City General Conditions of the Construction Contract for Developer
Awarded Projects.
4. Supplementary Conditions.
5. Specifications specifically made a part of the Contract Documents by attachment
or, if not attached, as incorporated by reference and described in the Table of
Contents of the Project's Contract Documents.
6. Drawings.
7. Addenda.
8. Documentation submitted by Contractor prior to Notice of Award.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and, if issued, become an incorporated part of the Contract Documents:
a. Notice to Proceed.
b. Field Orders.
c. Change Orders.
d. Letter of Final Acceptance.
CITY OF FORT WORTH Traffc Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised June 16, 2016
005243-3
Developer Awazded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76
77
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79
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82
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84
85
86
87
88
89
90
91
92
93
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96
6.1 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 specificallv intended to operate
and be effective even if it is alle ed or roven that all or some of the dama es bein
sou ht were caused in whole or in art b►� an�� act omission or ne li ence of the cit �.
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.
6.2 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
��rovision is sr}eci�callv intended to operate and be effective even if it is alle�ed or
proven that all or some of the damages bein� sou�ht were caused, in whole or in part.
by anr act, omission or ne�li�ence of the citv.
Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
99 the Construction Contract for Developer Awarded Projects.
100 7.2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the Developer.
103 7.3 Successors and Assigns.
104 Developer and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void ar
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon DEVELOPER and
111 CONTRACTOR.
112 7.5 Goveming Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CON3TRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 102869
Revised June 16, 2016
00524;-4
Developer Awarded Project Agreement
Page � oF4
116
117 7.6 Authority to Sign.
118
119
120
1�1
122
]23
124
125
Contractor shall attach evidence of authority to sio Agreement, if other than duly
authorized signatory of the Contractor.
IN WITNESS WH�REOF, Developer and Contractor have executed this Agreeinent in inulCiple
counterparts.
This Agreement is effective as of the last date signed by the Parties ("Effective Date").
Contractor: Developer:
Durable Specialties, Inc. _ _Mei7ta�e Homes of Texas, LP
Bv: '� B�:
(Signature) ` (S � a re)
�� �• � g�y� 1 avi uA �v�
(Printed Nanie) (P�Name)
Title:
Company Name: Durable Specialties,
Inc.
Address: P.�. Box 535969
126
CitylState/Zip: Grand Prairie, TX
75053
ol �
Date �
Title: L�
Coinpany name: Meritage Homes of Texas, LP
Address; 8840 Cvpress Waters, Blvd, Suite 100
City/State/Zip: Dallas, TX 75019
25 20 2l
Date
CITY OP FORT WORTH Traffic Signal to Serve Business 287 and Lagle Mountain Pkwy
STANDARD CONSTRUCTI�N SPGCIFICATION DOCUM6N"fS—DEVELOPER AWARDED PROJECTS CPN 102369
Revised June 16, 24I G
006213-1
PERFORMANCE BOND
P�e 1 of3
1
2
3
4
5
6
7
THE STATE OF TEXAS
COUNTY OF TARRANT
SECTION 00 G2 13
PERFORMANCE BOND Bond# 3714946 / DSl #043
§
§ KNOW ALL BY'THESE PRESENTS:
§
8 ThBt We, Durable Specialties, Inc.
known as
9 "Arincepal" herein and Great American Insurance Company . a corpora#e
l0 surety(s�Ueties, if rriore than one) duly authorized to do business in the State of Texas, known as
] 1 "Surety" herein (whether one or more}, are held and firmly bound unto the DeveJoper, Meritage
12 Homes of Texas, LP, authorized to do business in Texas ("Developer") and the City of Fo.rt
13 Worth, a Texas municipal corporation ("City"), in the penal sum of, two hundred seven�-five
14 thousand five hundred fiftv Dollars ($275 550 , lawful money of the United States, to be paid in
15 Fort Workh, Tan-ant County, Texas for the payment of whicl� sum well and truly to be made
1 G jointly unto the Developer and the City as dual obligees, we bind ourselves; our heirs, executors,
t7 administrators, successors and assigns, jointly and severally, firmiy by these presents.
18 WHEREAS, Developer and City have entered into an Agreement for the construction of
t9 cammuniTy facilities in the City of Fort Worth by and through a Community Facilities
20 Agreemen#, CFA Number <enter CFAiGS 1�lumUer->;and
21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
22 the ��day of (J�r,/�✓ , 20� , which Contract is hereby referred to and made a
23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
24 and other accessories defined by law, in the prosecution of the Work, including any Change
25 Orders, as provided for in said Conh-act designated as Tra�c Si�nal Im��rovements to Serve
26 Business �87 and Ea�le Mountain Parkwa�.
27 NOW, THEREFORE, the condition of this obligation is such that if the said Pr.incipal
28 shall faithfully perform it obligations ander the Contract and shall in all respects duly and
29 faithfully perform the Work, including Change Orders, under the Corrtract according to the plans,
30 specifications, and contract documents therein referred to, and as well during any period of
31 extension ofthe Contract that may be granted vn the part of the Developer and/or City, then this
32 obligation shal.l be and become null and void, otherwise to remain in full force and effect.
CITY OF EORT WORTH Traiiic Sigrcil to Serve Business 2R7 and Eagle Mountain Pk�vy
STANDARD C1TY COND11'IONS — DEVELOPER AWARD'GD PROJLCTS CPN 102869
Revised January 31, 2012
0062 13-2
PCRFqRMANCE BUND
Page 2 of 3
PR4VIDED FURTHER, tha# if any legal action. be filed o3i this Bond venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
3 Worth Division.
4 This bond is made and executed in campliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6
7
8
9
10
II
12
l3
14
]5
]G
»
l8
19
20
21
7�
2.i
24
25
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30
31
32
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34
35
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37
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39
40
41
42
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46
47
accordance with the provisions of said statue.
IN WITIVESS WHERE�F, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the /`�7' � day of
��i�h✓e�l� , 20 Z'� .
�
J PR[NCIPAL:
Durable Specialties, Inc_
�;
BY: _��
Signature
ATTEST:
� r��::� �-
(Principald Secretary
Patrick Bryan_ President
Name and Title
:�
� �I J ' , f ./ '
�;���..r:
- —�'— -'- --
Witness as to Principal
h �
l;'� ���t,.a:.C��aa
Witness as to Surety
Address: 2�02 Paddock Way Drive
Grand Prairie, TX 7�050
SURETY:
Great American Insurane Company
� --
BY: �../ �-�.'�' `�� �il..+�.�i'�.-i
Signature '
Teuta Luri, Attorney in Fact
Name and Title � �
Address: �00 N Akazd Street, #4300
as, >
Telephone Number. 972-385-9800_
*Note: If siD ed by an officer of the Suret�� Compa�ry, there must be on file a certified extract
from the by-laws showing that this person lias authority to sign such obligation. If
Surety's physica] address is different from its maili.ng address, both must be provided.
Cl'fY OI FOR? WORTN Tr�c Signal to Serve Business 287 and Eagle Mountain Pk����
STANDARD CITY CONi]ITIONS—DEVL-LOPER AWARDED PROJECTS CPN 102869
Re�ised January 3 I_ 2012
006213-3
PERFORMANCE BOND
Page 3 of3
T�e date of the bond shall not be prior to tJae date the Contract is awarded
QTY OF FORT WORTH Traffic Signa[ to Serve Bu.gmess 287 �d Eagle Moia�irc Pkwy
STANDARD CPi'Y CONDITIONS — DEVII.OPER AWARDID PRdJECTS CPN 102869
Revised Januazy 31, 2012 .
00 62 14 - 1
PAYMEN"1' BnND
I'aae 1 of 2
l
�
;
4
5
6
7
8
9
SECTION 00 62 14 �
PAYMENT BOND
Bond #3714946 / DSl #043
THE STATE OF TEXAS §
§ KNOW ALL BY TAESE PRESENTS:
COUNTY OF TARRANT §
That we ��ab1e Specialties, lna , known as
�
"Principal" herei.n, and Great American lnsurance Company a
] 0 corporate surety ( or sureties if more than one), duly authorized to do business in the State of
11 Texas, known as "Surety" herein (whetller one or more}, are held and firmly bound unto the
12 Developer, Meritage Homes of Texas, LP, authorized to do business in Texas "(Developer"), and
13 the City of Fort Worth, a Texas municipal corporation ("City"), in the penal sutn of two hundred
- 14 seventv-five thousand five hundred fi1tY Dollgrs {$275,550}, lawful money of the United States,
15 to be paid in Fort Warth, Tarrant Couirty, Texas, for the payment of which sum well and truly be
16 made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heiis,
l 7 executors, administrators, successors and assigns, jointly and severally, firmly by tl�ese presents:
18 WHEREAS, Developer and City have entered into an Agreemet�t for the constntction of
19 community facilities in the City of Fort Worth, by and through a Community Faciiities
20 Agreement, CFA Number �.�i�ter CF/t/CS Niimber�;and
21 W�IEREAS, Principal has entered into a certain written Contract with Developer,
22 awarded the �day of �G�� , 20� , wliich Conriact is hereby
23 referred to and made a part hereof for a31 purposes as if fully set forth herein, to furnish all
24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
25 Work as provided for in said Contract and designated as Traffic Si�nial Im rovements to 5erve
�6 Business 287 and Ea��.le Mountain Parkwa�
27 NOW, THEREFORE, THE COND1T10N OF THIS OBLIGATION is such that if
28 Principal shall pay all monies owing to a►�y (and all) payment bond beneficiary (as defined in
29 Chapter 22�3 of the Texas Govecnment Code, as amended) in the prosecution of the Woric under
30 the Contract, then this abligation shall be and become null and void; otherwise to remain in full
31 force and effect.
CITY OF FORT WORTH Trafiic Signal to Servc Business 287 and Eaale Mountain Plavy
STANDARD CITY CONDITfONS — DC-VET_OFER AWARDED PROJECTS � CPN 102869
Revised ]anuary 31, 2012
006214-2
PAYMENTBOND
Pa�e 2 of2
l
�
3
This bond is made and executed .in compliance with tl�e provisions of Chapter 2253 of the
Texas Govemment Code, as amended, and all liabilities on this bond sliall be determined in
accordance with the provis.ions of said statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
5 this i��strument by duly authorized agents and of#icers on this the ���� day of
b �$�'l,vQ� 4 , 20�-
7
ATTEST:
!J ��,:�'`
�
{Arincipal) Secretar� �
� ��e ,��. �� r,
�f����: I��
c
Witness as to Principal
PRINCIPAL:
Durable Specialfies. ]nc.
�
.
,
BY: /'�G��---
Sig►ature
Patrick Bryan. Aresident
Na�ne and Title
Address: 2302 Paddock Way Dri�e
Grand Prairie, TX 7�0�0
SURETY:
Great American lnsurance Company
ATTEST: BY:
��'-�c�� ��a�,( �
Signahu-e
(Surety) Secretary
� r,
So C�:�..�..�:.
Wifiess as to Surety
8
9
10
I1
]2
13
14
Teu1�z Lwi, Ariomey in Fact
Name and Title
Address: �00 N Akard Streel, #t430o
D�,�. •rx �s2o�
Telephone Number: 97�-385-9800
Note: I.f signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation lf Surety's physical
address is different from its rnailing address, both must be provided.
The date of the bond shall not be prior to t1�e date the Contract is awarded.
END OF SECTIaN
CITY OF FORT WOR7H Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARDCITYCONDITIONS—DEVELOPERAWARDLDPRO)ECTS Cp;•] 1p2gy4
Revised January 31, 2012
Q06219-1
MAINTENANCE BOND
Page 1 of 3
1
2
3
4
5
6
7
THE STATE OF TEXAS
COUNTY OF TAI2RANT
SECTI�N 00 62 19
MAINTENANCE BOND g�nd #3714946 / DSI #043
§
§ KNOW ALL SY THESE PRESEN�'S:
§
8 That we Durable 5pecialties, lnc.
9 "PrinCipal" herein and �at American Insurance Company
known as
a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or inore), are held and firmly bound urrto the Developer, Meritage
12 Homes of Texas, LP, authorized to do business in Texas ("Developer") and the City of Fort
l3 Worth, a Texas municipal corporation ("City"), in the sum of two hundred sevent� -five thousand
t4 five hundred fiFtl� Dollars ($275,550), lawful money of the United States, to be paid in Fort
15 Worth, Tarrant County, Texas, for payment of wliich sum well and truly be made joinfly unto tl�e
16 Developer and the City as dual obligees aild their successors, we bind ourselves, our heirs,
l7 executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
18
l9
20
21
WHEREAS, Developer and Ciry have entered into an Agreement for the construction of
community facilities in the City of Fort Worth by and ti�rough a Community Facil.ities
Agreement, CFA Number �.enter � FA/CS N�nnt�er>;and
22 WHEREAS, the Principal has entered into a certain wri.tten contract with the Developer
23 awarded the �' day of �G �ae,/ __ , 20 ZO , which Corrtract is
24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
25 materials, equipment labor and other accessories as defined by law, in the prosecution of the
26 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
27 the "Work") as provided for in said Contract and desi�ated as Traffic Si_�rnal 1rr�provements to
28 Serve $usiness 287 and Eacle Mountain Parkwa� ; and
29
30
31
32
33
34
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accardance with the plans, specifications and Contract Documents that the Work is and will
remain free fi-om defects in materials or workmanship for and during the period of iwo (2) years
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
C1TY OF �ORT WORTN Tr�c Signal io 5erve Business 287 and Cagle Mountain Pkwy
S7'ANDARD CITY CONDITIONS — D�VELpPER AWARDLD PR07ECTS CPN 10286�
Revised January 31, 2012
OD5279-2
MAINTE[�iAAiCE $flND
Page 2 0€3
1 WHEItEAS, Principal binds iL�seif #o repair or reconstruct the laVork in whoie or in part
2 uPan rec�iving notice from the Developer andlor City af #�e need thereof at any time within the
3 Maintenanee Pe.riod.
4
S N�W T,�EREFQRE, �e condition of this obligatian is such ihat if Pri��cipal shall
b remedy any defecLive Wori� for which timeiy notice was provided i�y Developer ar City, to a
7 completion. sa�Jsfa.ctary to the City, ti�en this obligation shali becox�e natl aud void; othetwwise to
8 remain i� fi�ll force and effect.
9
10 PROVIDED, HflR'EVER, ifPrincipal sba�i fail so #o regair or reconstruet a�ay timely
I 1 notic,ed defe�tive Work, it is agr�d that the Developer or City may cayse a�ry and all such
12 c�efective WQrk to be repaired and/ar reconstructed witi� a� associateci costs thereof being bome
13 by the PrinEcipal and the Surdy under this Maintenance Bond; and
].4
15 PROVIDED FURT�R, th�i if any legat action be fled on this Bond, venne shall lie in
i b Tarrant County, Texas or the Umted Si�x�s I}istrict Court far the Northertz District of Texas, Fart
17 Wordi Divisi.on; and
18
I9 PROVIDED F[JR'1�ER, thst this obliga�on shall be coz�tinuous in na�iue and
20 suc;cessive recoveries may be had hereon for successive breaches.
2i
2.2
23
QTY QF PORT WORTH Traffic Si�al Un Save Bu�ness 287 �d Fagie Motmham Pkwy
STANDARD CPI'Y CONDITiONS—DEVII.OPER AWARA�p PROJECIS CPN 1a2869
Revised 7anuazy 31, 2012
OD6219-3
MAINTENANC� BOND
Page 3 oF3
1 IN WITNESS WHEI2EOF, the Principal and the Surety have eacli SIGNED and SEALED this
2 instrument by duly authorized age»ts and officers on this the _ I fYG� day of _
3 "iG,hvR��,20 Z(.
4
5
6
7
$
9
10
ll
12
13
]4
15
16
»
�s
l9
��
21.
?2
?3
24
25
26
27
28
29
30
3l
3?
�3
34
35
36
37
38
39
40
4]
42
ATTEST:
� �{ g�
L ;: � � �J[✓,.�
(Principal) Secret �
� .�
� f�,�'��
Witness as to Principal
ATTEST:
(Surety) Secretary
i
Witness as to Surety
PRINCIPAL:
Durable 5pecialties_ Inc.
f
BY: �`'-�,._.
�r
Signature
Pairick Bryan, PresidenY
Name and Title
Address: 2'�� Y�dock Way Drive
_ Grand Prairie. TX 75050
SURETY:
Great American Insurance Company
BY: ��.1�'t'� ��-�-�tt.i ' _
Si�nature
Teuta Luri, Attomey in Fact
� Name and Title
Address: 500 N Akard Street #4300
Dallas, TJC 75201
Telephone Number: 9�2-385-980Q
*Note: If signed by an officer of the Surety Company, there must be on file a certified exU•act
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both mus# be provided.
The date of the bond shall not be prior to the date the Co»tract is awarded.
CITY OP FORT WORTH Traffic Signal to Serve Business?87 and Ea�le Moantain Pki�y
STANDAItD CITY CONDITIONS — llEVGLOPER AWARDED PROIECTS CPN 102$69
Revised January 31, 2012
GREAT AMERICAN INSURANCE COMPANY�
Administrative Oifice: 301 E 4TH STREET � CINCINNATI, OHIO 45202 � 513-369-5000 '� FAX 513-723-2740
The number of persons authorized b}�
this po�ver of altorney is not more than SIX
No. 0 21394
POR'ER OTATTOIi1VEl•'
1�NO W ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN [NS UR.ANGE COMPANY, a corporation oraanized and existing under
and by virlue of the laws of the State of Ohio, does hereby nominate, constitute and appoint Uie person or persans named below, each individually if more than
one is named, its true and (awful attorney-in-facf, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertal:ines and contracts of suretyship, or other �vritten obiigadons in the nature thereof;. provided that ihe liability oi' che said Company on any such bond,
undertaking or contrac[ of suretyship execuied under khis authority shtilt not exceed the limit stated belo�v.
Name Address Limi[ of Power
JACK M. CROWLEY DALLAS, TEXAS ALL
STEVEN R. FOSTER DALLAS, TEXAS $1�0,000,000
TEUTA LURI DALLAS, TEXAS
LAURIE PFLUG DALLAS, TEXAS
CARLOS ALBELO HOUSTON, TEXAS
STEPHANIE GUNDERS�N HOUSTON, TEXAS
This Po�ver ofAttomey revokes all previous powers issued ou behalf of d�e attomey{s)-in-lacl named above.
IN WITNES3 WHGRl"sOF the GT{EAT AMERICAN INSURANC� COMPANY bas caused ifiese presenis to be sib ed and attested by its appropriaTe
ofiicers and its corporate seal hereunto affiaed this 24TH day of JUNE 2020
Attest GRBA7'AMERICAN fNSU[tANCE COMPANY
!,i u��s�°.'.:
+.:��� ;�.
�lssisrani Secre�anr Dirisior�al Senior I �ce /'mside��T
STATE OP OHIO. COUNTY OP HAMILTON - ss: MaRKv�ca�no �an-�»-zaosl
On this 24TH day of JUNE , 2020 , beforeme pelsonally appeared MAKIC V]CARlO, lo me know�n,
being duly s�vom, deposes and says that he resides in Guicinnali, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
[nsurance Company, the Company described in and w�hich executed the above insm►ment; that he kno�vs the seal ofthe said Company; that the seal affixed to tl�e
said insirument is such corpora[e seal; thaY i[ was so affixed by authority of his office under uie By-Laws of said Company, and lhat he signed his name thereto
by like auffioriry.
n- 5'USAN A KONORST
� r-�r�-�`';"- tiotary P��'ljc
*'.�,
�— `'�'_-�� State o1 Ct�io
-r�r ..�R; c
. �; '�"�'� A1y i0;tj�T1�, `.��,iES
,%�� "�,�a �{i��
This Power ofAttomey is granted by autUoriry of the following resolutions adopted Uy tl�e Soard of Directors of Great American Insurance Company
by unanimous r�Ti[ten consen[ dated June 9, 2008.
RFSOI VED: Thai /he Divisio�wl Preside�si, lhe several Divisiorw! Senior Vice Presidents, Divrsional f'ice Presidenls and Divisana! Assrstrnv! I ice
Presidenls, or mry o�Je of ihem, be and hereby is aulhori�ecf, from tin�e lo time, to appoint one or more A[torneys-in-Fac! to execute on behalJof the Comparry.
as seo�tv arr�� and all bonds, underlaZ�ngs rnid caniracts of suretyship, or other �vritien obligations in the �tature thereof,- io prescribe lheir respective duties and
the respeclrve limits of their authority; and to revoke arry such appoisitrnenl a1 any rinre_
RESOLI�L'D FURTHER: That d�e Compmn� sea! aiad the signature of arry af the aforesnid o�cers urrd arry Secretary or.Assrslrmt Secretcrry of the
Con:pm�� may 8e a�xed by facsimile �o aiTv poir•er ojatlonaey or cerl�cafe oreither give�a for 1he execulia� of a��� bont� undertaking, conlract of suretvship,
o�• o[her inrit�en obligatfon i�T the nalure Xhereof, such sig�ra�ure a�7d sea! u�herr so used being hereby adopted by 1he Can:pnny as ihe origitTa/ signalure of sucla
o,�jfcer and lhe original seol of tl�e Compai�y, Jo be valid and binding upon fhe Conapanv �+'iih 1he same.force m�d effec! as lhoagh monually offixed
C�RT[rICATION
L STLPIIEN C_ BERAFIA, Assislant Secreiary• ofGreatAmerican Insurance Campany, do hereby certify that the foregoing Fo«�er ofAltomey and
tli� Resolufions of Ghe I3oazd of Directors o'f June 9, 2008 have not been rcvoked and are no��� in full force and effect.
Sijned and �ealed this day oi'
���� �
� � �-�'�:i
:`� �• `
A.r.��islnnt Stcrclary
S1029AH (03/20j
_ _- f
,_ - — -
CREATAMERICAN,
INSURANCEGROUP
IIt7POR'I'ANT iVOTYCE:
�a•eat A.►��i-ncaa� Insu'•ance C�n�pany of �Tev�� �ork
G�-eai 4tne�-ican �lliance Instaa-aa�te Copnpany
�reat 1�merican �i�suranee C'orn�any
To obtairi informatian or make a coinplaint:
You ma}� contact the Teaas Departinent of Insw•ance to obtain infoi�naiion on companies,
coveraDes, riQhts or complaints at:
1-�40-2�2-3�39
You ma}' write the Texas Depaifinent of lnsurance at:
P.O. Box 149104
Austin, T� 78714-9104
FA�: 1-� 1?-�75-1771
Your notice ot claim aQainst ihe attached bond may be triven to ti�e. surety C0111�511)� Yh�t
issued tl�e bond by sending it by certifed or registered mai] to tlle follo���in� address:
Mailing Address:
Physical Address:
Great American lnsurance Go�n�any
P.O. Box 2119
Cinci�v�ati. (:}hio �5202
Great American Insurance Campany
30l E. Fourth Street
Cincinnati_ Ohi� 45202
You may also contact the Grcat American Iiisurance Company Claim office by�
Pax:
Telephone:
Email:
1-8�4-290-3706
1-51 �-369-5091
bondclaims�?gaic.com
Pi�MIUl17 Ogt CLAIM DISPiJT�S:
If you have a dispute concerning a premium, yo�� should cantact the abent i�ust. 1f you
have a dispute concei7�ing a claim, you sl�ould contact the company first. If the dispute is
not resolvec3, you may coutact the Te�as Depailment of Insurance.
AT'd'ACI� 'I'T�IS N�TICE '�O �'O�JR BOND:
This notice is for information c�nly an� does not become a part or condition of the attached
docume��t.
F.9G("rA (3f l 1 j
STANDARD CITY CONDITIONS
OF THE C�NSTRUCTION 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— Defmitions and Terminology .......................................................................................................... l
1.01 Defined Terms ............................................................................................................................... l
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 .............................
3.01 Reference Standards ...................................................
3.02 Amending and Supplementing Contract Documents
................................................................ 6
................................................................ 6
................................................................ 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 Subconiractors, 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
Article9- 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 Wark ...........................................................................................................................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
Article12 - 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
Article13 - Suspension of Work ....................................................................................................................33
13.01 City May Suspend Work ............................................................................................................33
Article14 - 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 .........................................
14.03 Cumulative Remedies ..........................................
14.04 Survival of Obligations ........................................
14.05 Headings ...............................................................
................................................................... 34
................................................................... 34
................................................................... 35
................................................................... 3 5
CITY OF FORT WORTH
STANDt1RD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 ] 0- 1
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 of 35
ARTICLE 1— DEFI1vITIONS AND TERNIINOLOGY
1.01 Defined TeYsns
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-deimed term, the term shall have a meaning as defned 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 esta.blished by the United
States Occupational Safety and Health Administration.
3. Business Day — A business day is deiined 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. Cit,� 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 authoNized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) A Contract between the DevelopeY and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement.• Water, Sanitary SeweY, 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 recoYded 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 pYior 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 DevelopeY, including:
a. An Agreement
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 2 of 35
b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non-Resident Bidder
iii. Prequalification Statement
c. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
e. Payment Bond
f. Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation �davit
j. MWBE Commitment Form( If required by City)
k. General Conditions
1. 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. Dcay or day — A day, unless othenvise 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 prepaYed 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 andlor Contractor
that the Work specifted in the Contract Documents has been completed to the satisfaction of
the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 3 of 35
16. Final Inspection — Inspection carried out by the City to ver� 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 Tirrze prior to Final Acceptance of the Work.
21. Non-Participating Change Order A document, which is prepared fo� and reviewed by the
City, which is signed by Contractor, and Developer, and authoNizes an addition, deletion, or
revision in the WoYk 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 app�oved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustrrzent 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 Cont�actor, in accordance with
the General Requirements, describing the sequence and duration of the activities comp�ising
the Contractor's plan to accomplish the Work within the Contract Time.
25. Project—The Work to be performed under the Contr�act 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
thNu Friday (excluding legal holidays).
29. Samples Physical examples of materials, equipment, or workmanship that a�e
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 4
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
30. Schedule of Submittals A schedule, prepared and maintained by Contractor, of �equiYed
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 fu�nished 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 o� Developer which are
designated for the use of Contractor.
32. Specifications—That part of the Contract Documents consisting of written requirements for
mateNials, 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 �eference as indicated in the Table of Contents
(Division DO 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 perfo�mance of a part of the Work at the Site.
35. Submittals All drawings, diagrams, illustrations, schedules, and other data or infornzation
which are specifically prepared or assembled by or fo� Contractor and submitted by
Contractor to illustrate some portion of the Work.
36. Superintendent — The rep�esentative of the Contr•actor who is available at all times and able
to receive instructions, from the City andlor 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�nanufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incoNporated in the Work by Contractor or Subcontractor.
39. Underground Facilities All underground pipelines, conduats, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasefnents containing such facilities, including but not limited to, those that convey
elect�icity, gases, steam, liquid pet�oleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or tra�c or
other control systems.
40. Weekend Working Hours — Hou�s beginning at 9: 00 a. m. and ending at S: 00 p. m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 1Q 2013
00 73 10- 5
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 5 of35
41. Work—The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Docurrzents. Work includes and is the result of performing
or providing all labor, services, and documentation necessary to produce such construction
including any Participating Change OrdeN, Non-Participating Change ONder or Field
Order, and furnishing, installing, and incopporating 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 authorazed by the City for contract purposes, in which weather or other
conditions not under the cont�ol of the ContYactor will permit the performance of the
principal unit of wo�k 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 deiined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Defective:
The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
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:
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
contea�t used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PR07ECTS
Revised: January 10, 2013
00 73 10- 6
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting
the Work. New schedules will be submitted to City when Participating Change Orders or Non-
Participating Change Orders occur.
2.02 Preconst�^uction 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
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:
l. A Field Order;
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 7
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 of 35
1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City's written interpretation or clarification.
ARTICLE 4— BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obta.ined 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.
S. 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 Sonds 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 mainta.in.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 8
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 8 of 35
1. The certificate of insurance shall document the City, an as "Additional Insured" on all
liability policies.
2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor's obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 9
Standard City Conditions Of The Construction Contract For Deveioper Awarded Projects
Page 9 of 35
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be accepta.ble 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 Contracto�'s Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory beneiits 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
perfortnance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
3. The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a. Statutory limits
b. Employer's liability
CITY OF FORT WORTH
STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10-10
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 10 of 35
1) $100,000 each accidentloccurrence
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 Liabitity - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non-owned.
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1) ,$1, 000, 000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor's construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: None
Write the name of the railroad company. (]f none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a"Right of Entry Agreement" with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or construction access roads crossing said railroad company's
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a. General Aggregate: None
Enter ]iinits provided by Railroad Company (If none, write none)
b. Each Occurrence: : None
Enter limits provided by Railroad Company (If none, �vrite 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-
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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. Notifacation 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 Supe�intendent
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
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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.
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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 specifcation 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.
"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 sufiiciently 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 S.OS.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
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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 S.OS.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 O1 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 iinal 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
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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 PNocedures: 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 S.OS.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 S.OS.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 Submiital 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
indemn� and hold harmless City and anyone directly or indirectly employed by them fi^om 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 S.OS.A.2 and S.OS.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-Qualifacation 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 Subcontr•actors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
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❑ Required for this Contract.
(Check this box if tliere 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,
records9 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:
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
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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
detertnination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial detertnination. 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 fmal 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 1 Sth 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 l lth 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
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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. SubcontractoY 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 indemn� and hold
harmless City, fi^om 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 couYt
or arbitr�ation or other dispute resolution costs) arising out of or relating to any infi�ingement 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 AYeas:
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
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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.
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 indemn� 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 Du�ing Pe�fo�mance 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
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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 priar 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.
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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 Submiitals 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:
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.
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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 O1 33 00 and City has given written acceptance of each
such variation by specifc 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
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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 of�icers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMIVIFICATION 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 SY
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 ONIISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design SeYvices
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.
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C. City sliall 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 Docutnents. 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.
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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 enda.nger 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.
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7.03 Compliance with Safety Prog�^am
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 Representa.tive's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Wo�k
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 ha�e 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.
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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 minar 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 Notifacation 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.
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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 thereo fl 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.
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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.OS City May Stop the Wo�k
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
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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 S.lO.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 sta.tute 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
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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 ariributable to the exercise of City's rights and remedies under this
Paragraph 11.09.
ARTICLE 12 — COMPLETION
12.01 Cont�actor'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 Wark. 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.OS.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 substa.ntially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Finallnspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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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;
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.
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
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available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 — MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given i£
l. 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, posta.ge 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 Cusnulative 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 limita.tion of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH
STANDARD CITY CONDITTONS — DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
00 73 10- 35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STt1NDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS
Revised: January 10, 2013
oiiioo-i
DAP SUMMAKY OF WORK
Page 1 of 3
1
2
3 PART1- GENERAL
SECTION 011100
SUMMARY OF WORK
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9
10
11
12 1.2
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0- Bidding Requirements, Contract Forms, and Conditions of the Contract
2. Division 1- General Requirements
PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCE5 [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
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A. Wark Covered by Contract Documents
1. Work is to include furnishing all labor, materials, and equipment, and performing
all Work necessary for this construction project as detailed in the Drawings and
Specifications.
B. Subsidiary Work
1. Any and all Work specifically governed by documentary requirements for the
project, such as conditions imposed by the Drawings or Contract Documents in
which no specific item for bid has been provided for in the Proposal and the item is
not a typical unit bid item included on the standard bid item list, then the item shall
be considered as a subsidiary item of Work, the cost of which sha11 be included in
the price bid in the Proposal for various bid items.
C. Use of Premises
1. Coordinate uses of premises under direction of the City.
2. Assume full responsibility for protection and safekeeping of materials and
equipment stored on the Site.
3. Use and occupy only portions of the public streets and alleys, or other public places
or other rights-of-way as provided for in the ordinances of the City, as shown in the
Contract Documents, or as may be specifically authorized in writing by the City.
a. A reasonable amount of tools, materials, and equipment for construction
purposes may be stored in such space, but no more than is necessary to avoid
delay in the construction operations.
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 102869
Revised December 20, 2012
o� ii o0-2
DAP SUMMARY OF WORK
Page 2 of 3
1 b. Exca�ated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property.
4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
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2. Do not store equipment or material on private property unless and until the
specified approval of the property owner has been secured in writing by the
Contractor and a copy furnished to the City.
3. Unless specifically provided otherwise, clear a11 rights-of-way or easements of
obstructions which must be removed to make possible proper prosecution of the
Work as a part of the project construction operations.
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,
lawns, fences, culverts, curbing, and a11 other types of structures or improvements,
to all water, sewer, and gas lines, to all conduits, overhead pole lines, or
appurtenances thereof, including the construction of temparary fences and to all
other public or private property adjacent to the Wark.
5. Nofify the proper representatives of the owners or occupants of the public or private
lands of interest in lands which might be affected by the Work.
a. Such notice shall be made at least 48 hours in advance of the beginning of the
Work.
b. Notices shall be applicable to both public and private utility companies and any
corporation, company, individual, or other, either as owners or occupants,
whose land or interest in land might be affected by the Work.
c. Be responsible for all damage or injury to property of any character resulting
from any act, omission, neglect, or misconduct in the manner or method or
execution of the Work, or at any time due to defective work, material, or
equipment.
6. Fence
a. Restore a11 fences encountered and removed during construction of the Project
to the original or a better than original condition.
b. Erect temporary fencing in place of the fencing removed whenever the Work is
not in progress and when the site is vacated overnight, and/or at all times to
provide site security.
c. The cost for a11 fence work within easements, including removal, temporary
closures and replacement, shall be subsidiary to the various items bid in the
project proposal, unless a bid item is specifcally provided in the proposal.
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 102869
Revised December 20, 2012
O1 11 00-3
DAP SUMMARY OF WORK
Page 3 of 3
1 1.5 SUBMITTALS [NOT USED]
2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11 FIELD [SITE] CONDITIONS [NOT USED]
8 1.12 WARRANTY [NOT USED]
9 PART 2- PRODUCTS [NOT USED]
10 PART 3- EXECUTION [NOT USED]
11
12
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
13
CITY OF FORT WORTH Traffic Signal to Serve Business 287 and Eagle Mountain Pkwy
STANDAKD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects CPN 102869
Revised December 20, 2012