Loading...
HomeMy WebLinkAboutContract 56282-PM2CSC No. 56282-PM2 �a oa io- i 'CABLE OP CONTE�NTS EOR DEVELOPER A4VARUED Pft01ECI�S 1'age l of � 2 3 4 5 b % � 9 10 1� 12 13 14 15 16 17 18 19 20 21 �� 23 24 25 2G 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 �33 �1� �l5 46 �7 48 sECT�oN oa oo lo TABI.,E OF' CONTENTS DEVE�,OPER AWARDED PROJECTS Division 00 - General Conditions nn i i i� T.,.,;..,+.., ,+,. r�:,�ao..�_ w'-�-G--r' � �—r� T.,�rr,,..r;�. r rn_�Zid.7^„^ �� � � 0� �1{� �OYlll �0 �2 43 Propos�( For►n Unit Price nn nc i i n:a.�.,,.� n..�,,...,�:fi,..,r.,,,,��. DO 45 12 Prequalification Statement 00 45 2b Co��tractor Co�npli�nce witli Work�E•s' Compensatio►� I.a�.� 00 52 �13 Agree�ne►tt 00 6 i 25 Certificate af I►�se�rance 00 G2 13 Perfarma�Ice Bo��d 00 62 1� PayEnent Boi�d 00 62 19 Maintenance Bond �, �� nn ��.,�,,..,� r-•,,.,a•r•.,n� ^7-s,��vcrFv.-raarcarfcrlri'or�� 00 '13 10 Standard Cit}� Condikio��s of ttle Co�zstructio�� Contract for DevelopeE• A�va►�ded Projecks Division O1 - Gener•al Require�nents 01 11 00 Summaiy of Work � 1 25 00 St�hstitution Procedures O1 3 t 19 Preconstr�iction Meeting na-�i--�.�; 29 n,.,,�o,.f n,toot;� O l 32 33 Preconsh��tctian Video 01 33 00 Suhmitta[s O1 35 13 Special Project Procedures O 1 45 23 Testi��g and I��spectio�� Seivices O 1 50 00 Temporary Facilities a�3d Cont�•ols 01 55 26 Street Use Per►�iit and Modifications to Traffic Controt O1 S7 13 Stor�a� Water Pofluiion PreventioEl P1at� Ol 58 13 Ter��poraiy ProjecE Signage O 1 60 0� Proc�ucT Requii•en�ents O1 66 00 Product Storage and Ha��dling Rec�uireme��ts 01 70 00 Niobilizatian and Rer�iobifization 01 71 23 Co�fskrtiction Stalcing 017�123 Cleani�tg O1 77 19 Closeout Requirements 01 78 23 Operatio�� and Mainter�ance Data O1 78 39 Project Record Documents GTY OF FORT �VOKTEE Cibo(v Hi[Es Phasc 3 STANEIARD CO�iSTRUCTIO�I SPEGE[CATIdN D�CUh4�NT5 - DEVELOPFiR A��'AItDED PROlLC'i'S C'sry Project I�o.103172 Revised Septeni�er 1, 2015 UUuu IU- z �:113LC 4T L'U� I E�TS �(1R D�VELOP�R All'A[tnf D PIZCIJECTS Pagc 2 of �4 1 2 :3 � 5 b 7 3 10 ll l2 l3 1 �4 IS I6 17 18 19 20 2[ 22 23 24 25 2G 27 28 29 30 �� �Z 33 �� 35 3G 37 38 39 d0 � �. �� 43 d� 45 �3G �47 �} g � �) 50 Teciinir�l �peri�cations rvl�icE� h,ave I�cen modiiicd hy tlie En�ineer specifically fot• lhis Pro,�ect; l��j•ci copies :�re incliicled iu the Pro�ect's ConIE•�ct Dacuments None Tecliuica! Specifications listed belo�v are i�yclucied Far th�s Project by refereuce aud c;u� be do�i��iloaelcc� froi�� tlie Cit ti�'s site at: htkps:ll`��vw.�'arh��ortlitctas.gv��ldepartmeiits/developiiici►t-se�•vices Divisiou �2 - E�istiug Conditions 02 ��I 13 Seleciive 5ite Demolition 02 �l 1�4 Utility lZernovaUAl�ando�iment 0-�-�1-N� �r�'tt�g R�E���-4 Division 03 - Coiici,ete 03 30 fl0 C�st-In-Pl�ice Coiicrete 03 3�4 l3 CoEitrolled Lo�v St��engtli 1�laterial (CLS1�i) ��-�r F� r� � r„E ,�,•,.,� �,. -r.-�,,,^��)2ti� �-z-��caiicTcc�aasc rr-n:a�-rc �83�O�R�°o�!�c�t-Ee�e�-�sH�g�Ee • to ct.•, ,.��.�� lli�risiou 26 - Electrical 2G OS 00 Co��imon Wor�: Results for Electr�ca! ��3 nc �n n�..,,,�:�rnvi=nB" �'r-ricciTi•••,lccnvf_ii�F� 2G 05 33 Race�v�►y acid Boaes for Electrical Sysfeu�s 26 OS �}3 Uiidergrotmd Dt�cts anci Race�vays far Electrical Systeit�s Division 3I - E:�rtlirvc�rlc ��-9-9��att� rE�����;:t;;� ��1b �vi:,.1., :#'�o.i C7: "�'19i� j-ii�z� �9f�i'8'�� �� �i n�-v��tt1�3t14�e33�'i �-1 t�-t'i+�--c�ic'mi,=cv^� � i cv '<«<'�"'orl '2 1� �S ,� llivision 32 - �sterior Iz�t��roveu�ei�ts �� '—r�°��ta��e�' '�z 3�-9-�i �—rv—�'{.'k�}�}6�ikEj`�5��-k'�i�-P-i�i`i�i�-I�@fii�it 3��-n.'� Ga��ie+e�P-n=:;;;�--r�c`c'Pui� . i,—ocrJ"c-cbiff��5 �J�-i--}-��--�-n�i��i r�,-iiicn-a�r.n.--�crcri�c� �-�3�3 v'�•��en'�R�� �•tse--�c��� ���� 3�-1-�7� �k�a�P��� r���,�.m��',I��s 3��3-13 r`eiic-rett�l'��t�i� 3�'�.' "�A=�tictet�+�l�..,^'�„-��i�eev�a-y� ai}e�-g������'z�z�H� ��T�Ti�v11LTLz'rs—i-��'-if ,3�-�irr7�rS9@c`��H%� ���.� �� ��,•;g{:�r}i-F[�-f1�+� CITY [J€' Fi}lZT 1YORTli Cibolu laills Ph�se � STr\�'UARf� C(}NS'IRUCT[ON SPECfP1CA'l'lON DOCU\1E.N7S - I�rVELOE'ER A10'r1RUED PROJL.C` I'S Ci[}� Projccl \0,103172 Rec•fseJ ticplember I, 2l}15 00 00 € p- 3 TABLE OF CONT�N'[�S FOR DEVF>I_(3PE3t A\VARi]ED P1ZO.EECiS Pagc 3 of d � 2 3 � 3�-3--��.� �v:..,, ��.,,. „a n„*o� S 3�--�-k-- zx�,,,,a Go.,,.e� ,,.,,� r:�4oc 6 7 8 , , 9 �z��--43 �-,.00� �.�,�_��,....�.r 10 1 I Division 33 - Utilities 12 33 O1 30 ��..��� �.,�"``�^"},�t� 13 14 15 16 i'7 18 19 2D 33 OS 10 Utility T�•e»ch Excavation, ���iUedn�ettt, a��d Backijtl 2 � ���J�y—f 7 �lJ.,r..,,, i: o i., r:,,.� 22 � 23 , � , 24 25 33���r r��.,.,,.af�_r�„i�.,,.,. 2G 27 �� nc �s �r,,.,.-.�t r .,,�.. ni.,so 28 �� nc �� et„�� r.,��,,.. a�„o 29 3��-0�3- u.,.,,� -r...,,,e�;n.� 30 31 �3-0-.-rr� t r.:Ec*. r,r.,.-t a,.r��r.,.,.�� 32 33 3� 35 �-�—� s i� _�t...,:.,.,t rt,�����n rov�� o.•o��...� n:�„ � �. . .�� � ... . .�.,. 36 , � 37 3�3-� �,,� u., oa c*ovt n;.. «.� r.:tt:. 3$ 39 33� 2—� � r., o«�nrn�,t.,E,,..,. 40 41 42 33�-�� � +' �, �n��.;. �zru:�: :�'��...., ••b 43 �3� 33�-211 r-.�. n,,,...�i �.,.o �r..,�,�� r LLi11lJ �5 ����-��� [�I.,t�.,.. C�.,,.,lo Ct�t�o�� �6 3�3--1 ��a;,,,,, .,F�� �7 3�--3 ` '�....._-�------�--��c�,i;T��ase P���,��_� 48 49 SO CITY O� FORT 1�'ORTf [ Cibola E3ills Phase 3 STANL3ARD CONSTRiICTION SP�C[FiCATI01� D()CUI�IEi�'TS — F3TiVLLO�ER AGVARDGD PROJECTS Ciry 1'roject A�o.[03172 Reti-ised 5epte�nber [, 2fl15 oa uo fo- � TAf3LE OF CONTI�"CS 1�OR DEV�LOPER A�L'ARI7GD k'ROJECTS Page d of d .. � � - � . � � � � � � i � � : - � � - €1 � .� - — +� . _ � I — � � - i - �� i -� � . . � . . . • . . � • � � 20 Division 3� - Transpo�•tation 2L 34 n i �n �r..af€;�_e'n,,,.t� 22 23 34 41 20 Raad��ray Illu�t�ination Asse�nblies 2� 3� ^-T:-�o----�_;�'.. �� ��,F, �' � �•s : 25 3�1-�-�E3 -r..,,F�:,. r-,,..�r�� 2G 27 2$ 29 30 31 32 33 3�1 35 36 37 38 A�pendis e GC-6,07 Wage Rates GC-6A9 Peri��iis and Utilities FrC--�:� �.T,..,,a:� ��:� GR-Ol 60 00 Product Aec�uirements END �F SECTION cE�Y ar roK�r ���o�Tr► e��oto ��€�s ���a5e a STANUr�RDCO�STRUCTIONSPECiFICATION D(}CURiEN'TS—�EVELOP�ft�1WARDEDPROJECTS CiryI'rojectNo.[03172 Revised Septenaber !, 2�15 SECTION 00 � 1 00 — PROPOSAL DEVELOPER AWARDED CONTRACTS This pro�osa! i�i�ist �iot be ��ea�noved from this book af Contract Documents, T0: MERITAG� HOM�S PROPOSAL FOR: STR�ET LIGHT IMPROVEMENTS PRO.IECT NAME; CIBOLO HILLS PHASE 3 FILE NO. 2713 CITY PROJECT NO. 103172 Incltides tl�e furnis�ing of �II materials, eguipme��t and labo�� for tlle installation of m�dian openings, !eft turn la�1e, water & sat�itaiy sewe►• impi•avetnents a�id all necessary appurtenatiees at�d incide��tal ��vark ta �ro�icte a co�npfete a��d serviceable project desig��ated as: STREET LIGHT IMPROVEMENTS T4 SERVE CIBOLO HILLS PHAS� 3 Pu�•sLiant to khe foregoing'Notice to Bidders', tl�e undeisigned Bidder, having thora��ghly exa�nit�ed the Contract Documents, incl�iding pia�is, special cont��act documeiits, the Tecli��icai Specifcakions listed in tfiis cont�•act, the site of the project and underskar�ding the amount of work to be done, a«d tlie prevailing conditians, hereby proposes to da all tl�e work, fu�•t�isl� all labot•, equipinent and �naterial excepT as specified to be fi�rnisheci by tf3e Ciry, ��I�ich is necessary to fully complete tlie work as provicied in the Plans and Contract Docu�nents ar�d s��bject to the it�spection a►ic� apprava( of the Di�•ecto�• of kt�e Depart►nent of Tra��sportatio�l & P�iblic Wo�•ks of the City of Fort Worth, Texas; and binds hirnself upon acceptance of tl�is Proposa[ to execute a conE�•act and furnis�� an app�•oved Performance Bond, Payment Bo�1d, Mainte«ance Bond, and such athe�• bonds, if any, as may be required by the Co�it�•ack Docu►nents for the pe�•forming and completing of tEie said work. Co�itcactor proposes to c[o the wa�•k witliin the time staked a�id for tlie follorving su�ns: FLtrnish and i�istall, i��cluding all appurtenai�t work, cotnplete in place, khe following itetns: PAge i af3 PART B - PROPOSAL (Cont.) Aftei• acceptance of tiiis Pi•oposal, the ui�dersignec� ���i[I exec�ite the for��ial contract and �vill deli�ec a�i appcoved Surety Bo�id and such other bonds as E•eqt�ired by the Corjtract Docume�tts, for tiie faithfizl pe�•formance of ttle Contraet. The attached bid secuz•ity, if ��equired, is to becoine tl�e proper-ty of the Develope�•. Tl�e successfi�i bidde�• shail be ��eq��ired to per%f•m the «or[c in accard witlt these eo�itract documents ai�d the techr�ical specifications availa6le in the City of Fart Worth's Buzzsary site and incorpo��ated ��e�-ein and tnade a part hereoF for at1 pu�•poses. The tindecsigneci assures that its eti�ployees aiid appl[cants foE• employtner�t �i�d ttiose of any Isbo�• organization, s�ibcont��aetors, or ernplay�nent age��cy in eitlie�• furnisli�ng or ��efe�•�•ing einployee applicants ta the unde�signed are «ot discritninated agai�st as p�•ohibited by the ter�ns of City O�•dinance No. 7278 as �mended by City O�•dina�ice No. 7�00. Page 2 0€3 The Bidder agrees to begin con�teuctioii �vithin t�=��_ �2 �vorl<ii��; clays ��ter issue of�tlie �vorl� c�rder, ���d to coiz�plete tlie contract �vithi►� sixry { 60 ) working cl�ys after begi�i►iiE�g canstrt�etiot� as set fortl� in Ihe �vritteit �vot�Ec order ko be f�ur�iisl�ed b}� the O�vne�•. I(«�e) �tclulc��viedge receipt of� tlie fal[a�s�ing adcleiida to lhe plaus aild sE�ecifications, 1fl o� tl�e provisions ai�d rey►�irenie��ts af ���liicl� k���ve been taken iiito consideratio�i on prepa�•ation of the to�•e�;oing bid: Ac�denclti�71 Na. 1 {It�itials) Ac�de�id�un No. 2 {T��itials) Respecti�ll�Iy SIkE)1111kt�Cj, Acldci�dui�� No. 3 (Iiiitia{s} Addeilcium No. � (liiitiafs) Inciep�ndc:nt Utilily (.'.c�nstr«ction, Inc. Nail�e of Conti'�ctc�r By: {Si�tit�ture) �z��n�3���i w�irP (P�•ii�kecl N�me) Title: !'reslclent CQI]]�)311)' N�IIl�: Address Ett��il: Telephoiie lncfe��endent Utilily Cc�nstruction, fnc. 510J Sun Vailey Drive Fort Worth, TX 761 i9 _ �: stir�zati r�q(c�i uGfx.co m 17-47F3-4444 Page 3 ot 3 working D04511-1 F3[DQrRs PR�QLtAI,[F[CATIOhS Page I of 3 1 SECTION DO 45 lI 2 BIDDERS PREQUALIFICAT(ONS 4 1. Suma�ar��. All cont►�actors are reqe�ired to be prequalifiec� by the City �rior to sub�tlitti��g S bic�s. To be efi�ibl� to bid ti�e eontractor n�ust sub�nit Seetian 00 45 12, Preqt�alificafiort 6 Statement for klfe ��vark type{s) listed 4vit1� tlieir Bid. A��y contt'actor or st�hcontrac#or �vho is 7 ��ot preqtEa(ified fa►' the �vqrk type(s) iisted ia�ust stibmit Sectian 00 45 13, Bidder 8 P�•equali�catioi� Application in accordal�ce witl� t[ie reqttire�nents belo«�. 9 [0 Ttie prequali�cation process will establisl� a bid fin�it based on a tech��ical evaluation and f 1 �na�tcial a�talysis of tl�e eontractor. The infarination must be s�ibmitted seveit {7} days pr[a�' 12 to the date of the ope��ing of bids. Foa• e�a�»ple, a co��tractor rvishi��g to submit bids o�t l3 projects to be opened o�� tlfe 7th af Ap�•il �nt�st f ie the inforn�ation by the 3 ist day of MaE•cl� 14 i�1 order to bid o►� ti�ese projects, ln o�•deE' to eYpedite and facilikate the appro�at of a Bidde�•'s 15 Preqt�alif�cation Applicatiar►, the following must acco��pa�iy tiie subtnission. 16 a. A con�plete set af audited or revie�ved financial staternents. 17 (1) Cfassified Balai�ce Sheet 18 (2) Incon�e Statement i9 {3} Stater�ient of Casl� Fia�vs 2Q {4} $tatement of Retaitled Ea►•►�i�fgs 21 (5} Notes to ti�e I'inancial Statements, if any 22 b. A certified copy of tl�e fir���'s arganizatio��al �ocu►ne��Es (Corporate Char�e�•, Articles 23 of Incorporation, Articles of O�•ga»ization, CeE•tificate of For�nation, LLC 24 Regulatians, Certificate of Li�f�ited Partnersl�ip Agi�eeinent). 25 c. A co�iipleted Bidder Preq�ialification ApplicatioEt. 2b (1) Tl�e fir�n's Texas Taxpaye�� Identiitcation Number as issued by the Texas 27 Cornptroller of P�blic Accounts. To obtai�f a Texas Ta�paye�• ide�ftification 28 number visit t1�e Texas Co�nptroller af Public Acco�ints or�line at the 29 fo[lo�ving ��eb address �v��n�.«indow.state.tx.us/taxpermit/ ar�d fill oiit tE�e 30 appficatian to app[y for yaur Texas tax ID. 3 i (2) The firn�'s e-r��ail acEdress and fax nuinber. 32 (3) The fi��m's DUNS i�umbe�� as issued by Dun & B��adst��eet Tl�is nuEnbe�' 33 is used by t1�e City for req�ii�•ec� reporti«g o�� Federa! Aid projects. T}�e DUNS � 34 nun�ber �nay be obtaii�ed at �����r���.dnb.com. 35 d. Restii�fes reflecting Elie cor�structio�� e:cperience af kl�e p►•inciples of klfe fir��i for firn�s 36 sE�br3�it�i��g thei�• initia[ p�•equa(ificatio��. These res��mes sl�ould include the size and 37 scope of the work performed. 38 e. Other i��for���ation as requested by tlie City. 39 40 2. Preq►�ali�catiou Reqi�irenients 41 a. I'irrancial Statenaerats. Fina»ciak statem�r�t sub�nission ��it�st l�e }�ravided i�i �2 accorda��ce �vith the folla�ving; �3 (1) Tlfe City req�ires that the original Financiat Stake►ne��t or a certified copy 4�1 be s��b►nitted for consideration. CITY OF FORT LVOR1'H Cibolo Hills i'hase 3 S'i'AN�ARQ COi�'STRUC'iiON SPT;C[T'1CATION L]OCiJM14i�TS City ProjeCt ND.143172 Rec�ised April 2, 2014 ao�s i� -z s��n�xs ��Q��a�.«�c.a,Tiotvs Page Z o#� 3 1 2 3 �4 5 6 7 8 10 li 12 13 14 15 1G 17 18 19 2E} 2f 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3G 37 38 39 40 4i �l2 43 4� 45 46 47 48 49 50 � (2) To be satisfactory, ttle fi��ancial statements ►nust 6e at�dited or re�ie���ed by ar� inciepe�lc�ent, ce►•tifiec� public accounti►�g firm ragistered and in goad standing iii �ny state. C�in�e��t Te�as statues alsa require that accounting firms perfortning at�dits or ►�evie�ys au b��siness entities «ritljin tE�e State of Te�as t�e properly licensed or �•egistered �vitl� tf�e Texas State �oard of Public Accou��tancy. (3} The accounti��g firnz si�ould state in tl�e audif ►•epo��t or revie4v �vheti�er tfie contractor is an iElc�ividttal, COl'�}OE'fltlDll, or Ein�ited liabilit}� coin�a�ay. (�) C'i�lancia[ State�nents nfust be prese��ted in U.S. doilars at t}�e current E•ate of exc}�ange of the Balance St�eet date. (S) The City will not recog�lize a��y cei-�ified p«blic ace���t�tant as i►tdependent �vho is not, in fact, indepe��deEtt. (6) The acco�mtant's opinion on the fiE��nciaf staTernents of tl�e contE�acting co�npany should state tl�at tl�e audit or revier�v l�as been eonducted in accordance witti auditi�lg standards generalfy accepted in the UniEed States of America. Tl�is En��st be stated in the aceo��nt[ng firi�f's opinio��. [t should: ( I) express an ��nqt►alified opinio��, ar (2} eYpress a c�i�alified opinion or� the staten�e�its taken �s a wl�ole. (7) Tlae City reser�es tl�e rigklt ta reqeEi��e a ne�v stateineitt at any tii�te. (8) T'he financial state�ne�it �nust 6e prepared as of the last day af any month, not i��ore ti��n o�le yea�• old and inust be ott file witf� the City IG �nontE�s thereafter, i�� accorda�ice �vith Parag�'aph l. (9) i'l�e City will deter�nine a cont�'acior's bidding cap�city for tl�e ptErposes of awarding contracts. Bidding capacity Es determitted by �nEiltipfying tlte positive Etet wo�'ki�fg capitai (�vor�ing capitat = curre�it assets — cut'rent liabilities} by a factor of 10. O��iy those state�ne►its �'eflectiifg a positive neE working capital positio�� �i�ifl be consideE'ed satisFactory for prequalifcatioE� p��rposes. (10) In the case ti�at a biddii�g date fa[(s �vithin the time a E�ew financiai state�nent is being p��epared, tEte previous stateinent shall be iipdated witl� prope�� �ei�ificatio��. Bi�Idej� Pj�eqaralafcatior� �fpplicatinrr. A Bidde►• Preq��alifcation Application rn�►st be subrnitted along «itl� auditec3 0�• �•evie�ved finaE�cial stateme��is by fir�ns �vishing to be eligib[e to bic� ott all classes of constrEtction a��d r��aintenance ��'ojects. Incon�plete Applicatiqns �vill be rejected. (1) C�f tl�ose sched�ikes where there is nothing to R•eport, the ��otatior� of "None" or "N/A" si�ould be inserted. (2} A ini�limut�� af five (S) referertces of related «�ork �nust be pro�icied. (3} Submissia�� of a�� eqt�i�i��et�t scl�ed��le �vhicl� indieates ec�uip�nent ��ndea• the coi�tro[ of tite Contractor and wliicf� is related to ttie type of �vork for «�hich the Cantacta�' is seeking preq«a[ifie�tion. The schedule ittust ir�clude the manufaet�irer, model and ge��eral comitton description of each piece of eq��ipine��t. Abbreviakions or n�eans af desc�'ibing eqtiipineut othe�• t}�a�� provided a6ove �yill ��ot be accepted. 3. Eligibilify to Biti a. Tl�e City sh�ll be ti�e sole judge as to a conkractar's preq�Ealification. b. 'I'i�e City may reject, suspend, or nioc�ify any preqttalifieation for failure by ttie confcactor to dei�ioi�st��ate acceptable %nancia[ ability or performance. c. Tl�e City �vill issue a fetter as to tEie status of tEle preqtEalification approval. C[TY Of fnRT 4VOR`fH STANDARD CONSTRLICT[Q, i SPEC[FICAT[ON I30CU�9ENT'S Revised April 2, 2014 Cibolo Hills Phase 3 City Pro�ect \'o. t 03l 72 004511-3 T3[C?ll£RS PREQUAI,fFICA"1'10�l5 Page 3 of 3 d. If a eont�•actor h�s a�alid preq��alification letter, tlfe contractar ���i[[ �� eligible to bid t13e prequalified ei�ark types u��til tf�e expiration date stated i�� tl�E Ietter. END O� SECTION G�] CFTY OF FOR"E' 1�1'ORTH STANDARD CON57RUCT{ON SPECiFICA'F[ON I}QCLSAfENTS Ke�=ised April 2, 2054 Cibolo Hills Phase 3 Ciry Project A'o.103172 I;0 ii t2 fidP PI1L(�L�ALiCICATI<�N tiT.1TL�tL\T Pa4e I oF I s�cTra�v oa �� i2 DAP—YiZEQUALEF[Cn'I'ION STATENIENT Each Biddei• is rec�uired to coiuplete the infor�tiation belo�v by icle�itif'ying the prequaliiied contractors <lll[�IOt' SUUCOIItI"a'�C101'S IVf10111 t�1C�� intend to titilize for the u�ajar �vo��k type(s) listec�. In the "Nlajo�� ���o��k T�e" box ro�ide tkie com �lete u�a'or �vork t��e and actual descri tl0[1 i1S ro�ided b tlie Water De �rl���eiit foE� water aiid se�ver �nd TPW for aviii . I�I1jor Vdork Type COliil'tiC�01'ISII�]C011il'dCtOl' COltl�l�iEl}� Name PreqiE�lifcalioiti C� iraiio�i Date Street Li�l�t �mprove�tiecits [ndepeudent [ltility Construction, Inc 03101 l2423 The �n�de�•sigcied hcreby certifies that the conh�actors �nd/nr su�contractors descrii�ed iu the t�ble aUove a►�e currently E7rec�u�Eli#ied for tlic ��rork types listed. I�IDD�R; IndeFaendet�t Uliliiy Cc�r�s9ruclic.�n, Inc. 5109 5un Valley Urivc Fart Worth, TX 76'f 19 BY: f�id�ar olfe (Si urz} TI'1'LE: F'resident Df1TE: c:� .._ 1(� -� �' D�- I �ND O F SECTION nn oF FORr �voRrH Ci�olo Hiils Ph.ise 3 STAi:OARD CO�JSTRUCTION PREQUAUFIChT101� STATEME��T- 6EVELOPFfIA�'lAROE� I'ROlECTS 0045 l2_Prequalili�ati0 ('ilj' PfuJeC[ �O. ��� ��� Porm Version Sepremlier 1, 2015 0o ns zs - � CONTRJ�CTOR COMPLIANCE WiTH WDfiKER'S COMP�NSATION LAW Page 1 oF 1 l �CCI'ION OD �{5 2G 2 CON`I'ItACTOR CONIYLIANCE WfTH WOR[CER'S CONIPENSAT[ON LAW 3 P�u�s�iant to Tex�s LaUor Cade Sectioii �406.096(a), as ticueuded, Co�ltractor certifies tl�at it �4 p��o�icies �vork�r's can�pens�ition insur�iice covera�� for al! of iis ecuployees einployed on City 5 Project No, ] 027�4�. Co�itractoi� hn�ther cerfiities that, pursuant to Te�as L��bor Code, Section 6 d06.09G(b), �s amended, ic �vill provide to City its subcontractor's cei�ificates of co�npliaiice ���itk� 7 nrOflCe[''S C01]l�l�IlSflil011 COV�Ctl��. � 9 CON'TRACTOR; m m 12 13 1 �4 1S 16 17 IS 19 2Q 2l 22 23 2�4 25 26 27 2S 2� 30 �� 32 33 3 �4 35 �� 37 38 Ind� endent Utilit Cc�nstrtictior� Inc. B��: Ricf�artl Woife CO[ll�'cl[ly Yfease Prii�t) 510� Sun ValleV Urive 5ignature: ` Acid�-ess f ort Wo�th, TX 76 i 19 'I'itle: Presic�ent CitylStatelZip (Please Print) THE STATE OI' `['EXAS COUN`1'Y OF TARRANT � § BEFORE Nt�, fllZ lil]C��1'Si�IlCCI i�lltllUl'lfy, O[1 tI115 CjaY �7e1'SOIla�I}r appea3•ed Ricli�irci Wolf� , kno�vn to me to be the person «�hase n��me is subscribed to the foregoii�g instruinent, auci a�knowledgecl to me that he/she e�e�cuted the s�ime as t��e aci and cieed of Inde��entl�lll 111111iy COI15ifllCtlOfl, Il1G. t01' [Il�']ll['�1QSe5 a�icl COI1S]{Iel'�it1011 CIlB['�l]] Cl;�]fe552[I �l1CI 1[1 (IlC Ca�]3CItj' 1�1�fB111 St�lteC{. IV� DF,R NiY H�1NC? AN SCAL 01- OPFICE this V�� d�y of � ���� ��-c'.�Y , 2 �I � , _ � t{ ` ,� � ��}�. ,w.,-�.��..L�� x x."". �`...`".a J\. ��������� � (;F{F3y5TINA GAfi[.IA N�ti1l'j� Pt�b�ic in �nd for the State of Tesas : C P�Y"�Lg! �i �2:�1 :��Notary Public, State ol Texas =N•; W,� "- Comm. Expires 12•20•2024 '.; �o�� ;�`'1 Notary ID 1309a07E5 �ND Ol+ S�CTION C� CY Ol' FURT 11'ORTI I Cibnlo Hills Phase 3 STr1NDARn CONti"fRl1C`f10I�' SPGCEPIC'A'1'�DN DOCUAI�NTS Ciry Projzct No.103172 Rrti�ised April2, 2111�1 working 01)i2�}3-) Dtti'rlopzr A��,jrdet! Prqlrcl rlgreei�ienl P;i�c 2 uf'�a 37 A��ticle 4. CONTRACF PRiC� 38 Developer agrces to pay Co�itr�cto�� for perforu}��nce of the Work in accordance �vitlt the Co�ttract 3� ❑DC11117e11t5illlfll]]OilllililCUl"1'elllfUl1CI50}��,:ohiu:�n:diiur,�nuio�;::ids.�:�nluu�tr���fi�-;���::��d�;i.��„q��nty"�O��c'�CS 40 ($ 7.15,7'#�.��0 ). �l l Article 5. CON"11�CT DOCUi�TLNTS �12 5. ! CONTENTS: �3 �� �5 �G �7 �8 �9 50 S1 52 53 S�I 55 5G 57 S3 59 6D 6� G2 63 6� 65 GG b7 G8 69 70 7f 72 73 71� �1. The Coeitract Documents �vhich coitiprise !he eiifire ag►�eeme»t �ehveen beveloper and Contractor couceriiing tE�e V4rork causist af the follo���ing: i. This A�reement, 2. AttacEuneEtts to this Agree��ieiit; a. Bid Por�u {As p�'ovided by Dc�eloper} 1) Proposal Form (DAP Vetsioo) 2) PE•equalification State�uent 3) State a�id Federal docume►�ts (prr}ject ,specr'frc) b. Insuj�ance ACORD Farm(s} c. Payment Bond {DAP Versiori) cl. Pcrformaitce i3oud (DAF' Version) e. Viai�ifena�ice 13oncl (DAP Vei�sic�n) f. Pp�ver of Attor�zey for the L3onds g. Worker's Compensatioii Affidavit h. NIBE and/ar SB� Commitment Farm {If rec�uirecf) 3. Standard City General Conditions of the Coustruction Ca�itract for Developer �1�varded Projecls. �k. Supplemeuta�•y CO[1CIltlOI1S, 5. Specif'tcatio�is s�eciticaily ni��de a E�art of t17e Contract Doci�menls b}� �tfiachme�it or, if «or attached, �2s i»corpor�ted by reference and described in the Table of Cautents of the Projeet'S CORI1'r�Cf DOCllIt1eE11'S. 6. DE•�wings. 7. AddeEida. 8. D�cu�itent�tic�n su�mitted by Coutractar prior ro Notice of A�v�rd. 9. The follo���ing ���hicki ma}� bc delivered or issued attei• tl�e Effective D�te of the AgreeEuent aE�c�, if issued, becoiiie ��a i�lcorparaied part ot�the C'o�itract Dncui�ierits: �. N�itice to Proce�d. b. I°ield O��ders. c. Ckiange Orders. c1. Letter of Fii�al Acce��t�nce. r�ry or roaT a�c�RrH c���io Kkus Yi,��st ; STAN17r1RD C()�5'IILUCTIO�I SP�('[I�IC'A'l'[ON DOCLI\11:\'TS —DEVEL�f'ER A15'rIRdEU I'ROl�CTS Cily Pruje�l \cs.]U3172 Revisecl lunc lfi, 2p1l, 005243-3 Develo�xr Actarded Project Agreen�e��t �agc 3 ofd 75 Article 6. INDEMNII+'ICATION 76 77 78 79 SO 81 82 83 84 85 8b 87 88 89 90 91 92 93 94 95 9G b.l Contractor eovcna��ts anc� agrecs to i��demnif}r, hold har��iless ancl defe��d, at its o�vn ex��ense, the city, its of�cers, servants anci e�nployees, iro��� an�i agaiizst auy ancl all clainns arisi��g out of, ar alleged to arise out of, the �voa•k a��d services to be perfarmed by t�ie contrnctor, its offtcers, agents, em�loyees, subcantractors, licei�ses or i�ivitees unc�ee• t��is contract. T��is indem��ification torovisio� is sneeificallv inte�ided to onerate a��d be effectivic even if if is alle ed or roven tl�at all or some of the dama es bein so�r l�t were cTused in �vl�ole or in art b a�i act o�nissio�i ar ne li encc of the cit . This inde�n�tit,y provision is i�ttendecl to inclade, without limitatio�i, indemnify for costs, expenses anc� Iegal fees incurreci by the ciiy i�i defending agai��st si�ch claims and ca«ses of actio��s. 6.2 Coiit�'acfor cor�e��ants an[i agrees ta icideninify a��d hold l�aranless, at its own expense, tlie city, i�s officers, serva��ts and em�loyees, i'ron� and agai��st any a►acl all toss, daanage or destrtiction af property of the cify, arising out oi, or allegeci fo a�•ise o�t oi, the worlc and services to be perforniecl by the contractor, its of�cers, agents, employees, subeo��tractors, iiee�isees ar invitees ut�der this contract. Tl�is iaideninification ro�visio�i is s ecifieall intendet� to a eratc antl bc cffective even if it is alie ed oe� proven thai all or some of tlte dantaees beins soueht wea•e caused, in whale or in part, b�� �nv act, omission o�• ciegli�ence of the citv. ArticIe 7. MISCELLANEOUS 9'i '7.1 Terms. 98 Terxns sised in t}ais AgE•eement are de�ned in Article 1 of the Sta�adard City Canditians of 99 tl�e Const����cfion Contract for Developer Awarded Projects. 100 7.2 Assign�nent of Cont�•act. t0i Tl�is Agreement, including all of t13e Contract Docur3�ents ►nay nat l�e assigned 6y the 102 Conkraetor ���itl�at�E the advai�ced exp�•ess �vritten co��sent of tl3e Develo��er. 103 7.3 Suecessors and Assigi�s. 104 Develope�� and Contractor each binds itself, its partners, st�ccessars, assigns anc[ legal 105 representati�es to t}�e other party hereto, in respect to all covenants, agreements aEid 106 obligatio�is contai��ed in t[te Cantract Doc�iE»ents. i07 7.4 Se�erability. 108 Any provision o�• part af tl�e Co��tract Documents held to he ���fconstikE�tional, void or 109 une��farceable by a court of coinpetent jurisdiction sltali be deeti�ed st►'icken, and all I10 rernaining provisior�s shall conti��ue to be valid a�td bindi��g upon DEVELOPER and t 1 1 CONi'RACTOR. 1 12 7.5 Go�erni��g La��� a��d Venue. t 13 This Agree�x�ent, includi��g all af tl�e Cant�•act Dacuments is perFor��iable in #l�e State of 1 i� Texas. Ven��e shall be Tarra�it Cou�lty, 'FeYas, or the United States District Court for the 115 Nort}�ern District of Texas, Fort Worth Divisio��. CIT'Y OF PORT WdATH Ciboto Hills [']tase 3 STANDARD C01�'STRUCTION SPEC[FICAT[ON DUCt1A1ENTS — D6VELOPER AWAEtt7ED PROJECTS City Projcct 3�'0.[63[72 Revised June ]6, 2016 llllj2d3-�I Ue��elnper Ati�aril�il Prn�ecl Agrrc��n�nl k'<iee •4 nF�l ��G ��� �,�3 AIiIIIOi']h� lD Sk�ll, ]l8 ]19 120 121 [22 l23 l24 l25 Conlractor shail att�cli eviclence ot' authorit}� lo sign AgrcemeEit, if other than dtily autitorized sigE�atory Of ��1� C011�l'�iC�vE'. IN WfTNCSS WH�RCOF, Developer aiid Co�itrac[or have e�eculed this �lgreemenl in �tltiltiE}!e cot�t�ter��ai�ts, This Agreeme�it is effective as of the last date signed U}� tlie P��rties ("Effecti��e Date"). Co��tractor: Ind���endHnt Utilify Cc�nsfruction, Inc g�,: l (Sig �n�e} Rich�3rtl Wnlfe (PE�i�ited N�t�ne} Title: Pres3dertk Ir�de��endent iJtility ConsEruct'son, Inr, Com��any Nan�e: 51Q9 Sun VallEy Qri�� Adciress: Fc�rt Worlh, TX 7Ei119 City/State/Zip; � �! � � u D��te `* \1�ti� N I i! 111/�� `�. `Gt�N517d(/C� ��i, �\ � aaeareop�e /�� �f� o \ ! a /ri �� 1 �U � /`�0� 6��' CJ!'�Jj,�P4 i1 �� ..' � � p � �� Ca �' r— a C) ^ ��.. g � �' a C���� S n tl .' LC} $ • q � : r � � ti• Vy "c ^a° -� � .,,F, a�, °•.. r 9 t�'° o�,�y�` 0 ',r����� i r r � �(� x�����```,` Developer: sy; f �,�, t���z� �ct,V t�, �C+�llll �VI,�O G�.t�C��l (Pri�rted Namc} 'I'iile: Ivleritage Homes Com��a3fy Name: 85�0 Cypress Waters Blvcl, SuiEe l00 AcEdress: Dallas, TX 75019 City/State/Zip; Date Cl'Tl OF FORT 15'�R`fH Ci6olo Hills Pliase 3 STANnARn CO�ISTRUCI [ON SP�CI�ICA`1 lOi 1�{)ClJ13f:�1TS — DLY[il.C)PEsR A11'AfZDEll PIiU1�C 1 S (,itS' Pru.lrcl \`u.i113172 Revised Jtine 16, 2OL(i [MPORTANT NOTIC� To obtain information or rr�ake a camplaint: You rr�ay cail Westfield Insurance Company's andlar Ohio Farmers (nsurance Company's toll-free telephone number far infarma#ion or to rnalce a coEnp(aint at: 1-$00-368-3597 You ►r�ay also wrife to Westfielc� Insurance Company andlor Ohio Farmers insurance Company at; 555 Republic Drive, 5uite 450 Piano, '�exas 75074-8848 You may contaet the Texas Department of insu�anee to obtain informakion or� cornpanies, co�erages, rights ar complaints at: 1-800-252-3439 You may write the Texas Depa�ment of Insurar�ce: P. O. Box 149104 Ausfin, TX 7$714-9104 Fax: (512) �475-177'[ Web: http:/lwww.tdi.state.tx.us E-mail: ConsumerProtection tdi.state.fx.us PREMIUM OR Cl.AIM DISPUT�S: Should you have a dispute concerning yo�r prerriiurn or abaui a elaim you shauld coniact the agent ar Westfield Insurance Corr�pany andlar �hio �armers Insurance Comapny firsf. If tf�e dispute is nat resalved, you may contact the Texas Deparfinenk of I nsurance. A7TACH TNIS NOTIC� TO YOUR POLICY; This notice is for informakion only and does not became a part or co�dition of the attached document. AVISO IMPORi'ANTE Para obtener informaeian o para someter una qu�ja: Usted puede Ilamar al numero de felefono gratis d� Westfield lrtsurance Cornpany's 1 Ohio Farmers Insurance Company's para informacion a para someter una queja al: 1-500-368-3597 Usted tambien puede eseribir a Westfield Ins€�ranc� Company / Ohio Farmers Insurance Company: 555 Rep�rblic �ri�e, 5uite 450 Plano, Texas 75074-8848 l�uede comuniearse con el Deparfamenfa de Seguras de Texas �ara obtener informacion acerca de companias, cobert�ras, dereehos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. �. Box 149104 Austin, TX 78714-91Q4 Fax: {592) 475-1771 Web: http;llwww.tdi.stat�.tx.us E-rnai! Consum_erProtection(a7tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMC)S: Si tiene €�na disputa concerniente a su prima o a un reclarno, debe corrtunicarse eon el agent� o Westfield Insurance Company 1 Ohio Farmers Insurance Campany primero. Si no se resuelve la disputa, puede entonces com�Enicarse con el departamenta (T�l). UNA ESTE AVf50 A SU POl.1ZA: Este aviso es salo para prapasito de infiormacior� y no se convierte en parte o condicion del documento adjurrto. 7HIS POWER OF ATTORNEY Sl1PERCE�[S ANY PREYIOiJS PDWER BEl1EtiNci It4l5 SANtt pOWEE2 # ANfJ 1SSl1EQ PRIOfi TO 0�f12011'E, FOR ANY P�E250N Oit NERSONS tdAME� E3Ei.OW. General Power of Attorney CERTIFlED COPY POW�R NO. 4220052 D6 Westfie[d �nsurance Co. Wes�feid Na#ional Insut�ance Co. Ohio Farmers insurance Co. Westfield Cer7ter, Ohio Know Atf lbten by Fhese Presenls, That WESTFIELD INSURANCE GOMPAhJY, WESTFtELD NATIONRL INSURANCE COMPRNY and OHIO FARM�RS INSIIRAI�CE COtvIPANY, corporafior�s, hereinaiter reierrec# ta individualfy as a`Carr�pany" and coflecEively as "Com�anFes," duly organized and existing under the laws of the S€ata oF dhio, and having its prihcipal affice in Wastfseld Center, Medir�a County, Ohio, do by ihese presents rnaKe, constitute and appoint CHARLES �. SYVEENEY, fNICHAEL A. SWE�NEY, KYLE W. SWEENEY, [LIZABE7H GRAY, JOfNTLY OR 5EVEFiALI.Y of FdRi WORTI{ and Siaie of TX its tr�e and [awfui Attomey(s)-in-Fact, wiih fu1€ power and authority t�ereby con(erred in its narne, placa and stead, to execute, acknowiedga and deliver any and ati l�onds, recognizances, uroderlakings, ar olher inslru�i�enEs ar cor�tracts af surelysEiip- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - - - - - - - - - - - - - - - - - • LEfN17A71biV: TFEIS POWER O� A7i4RiVEY CANN(7T BE tJSE� TO EXEGUTE iVOTE GUARANTEE, MORTGAG� DE1=1CIEhCY, MORTGAGE GUARANTE�, OR [3ANK DEPOSiTdRY BONdS. anci to bind any of the Campan3es thereby as fully and to the same extent as if such bands were signec� i�y the President, sealed vrith the corporate seai of #he app[icable Company and duly attested by its Secretary, hereby rafiPying and confirming aN that the said Attarney(s}-in-Fact may da in the premises. Said ap�ointment is made under and t�y aut��ority of fhs folinwing resolutian adopted by ihe Soard of �irectars of each of thc WESTFIEL� INSUf2Ah[G� CQMPANY, WESTF1ELp NRTIONAL lHSU12ANCE COMPANY and Ohi[O FRRM�RS INSl1f�ANCE COMPANY: '8a !t Resolved, Ehat the President, any Senior Executive, any Secretary or any Fidelity &� Surety Operations ExecuiPve or other fxecutive shaff be and is heral�y vested wilh fult power and authority to apposni any one or mora suitable persar�s as Ritorney{sj-in-Fact to repres�nt and acf tor and on behaif of fhe Company subJect Fo the fol[oYling pro�isions: The Aitorney-in-Fact. may b� given iul€ povrsr and auYharity tor anct in tha name of and on behalf of the Company, #o execute, ackno�rrledge and deliver, any and e�E bonds, recognizances, con€racts, agreements of indemnify and afher conditionaf or obligatory underiakings and any and alt notices and dac�rments canceiing or tarminating the Com�any's liabii€ty tharsunder, and any such instri[ments so exacuted by any such Attorney-in-Fact sha€E be as binding upon the Company as if signed by tha Presidant anct seaied and atfested 6y tha Cor�arate SecrBtary." "8e It Further Resoived, that the signature of any such desi�nated person ancE tfie seal of the Campany hereto[ore or hereafter af€ixed !n any �awer oi attornay or any certificate relaEinc� thereta �y (acsimite, and any pawer of aKarney w certificate bearing tacsimile sic�natures ar tacs'€mile seaf shail be valid and binding upon the Company with respect to any bond ar undertak€ng to which It fs at[ached." (Each adopted at a meeiing hatd on February 8, 2000). 1n 4Elitness iNhereof, WESTFiELD lNSURANG� GOMPANY, WEST�tELD NATIONAL ENSURANC� COMPANY and OHIo FARl�1ER5 INS€JRANCE CONEPAhlY have Caused these preser�Es to be signed by #heir Senfor EXecufive and their corparale seals to be hereto aF(ixed this 2Atli day af APRIL A.D„ 20l'1 . , Corporate �.•et,��p�`,h.. Seals �Q e•'' � �C� �{ Affixed v: � ` s ('► •. �� f ��,�.� ' b _ ��. ��' 'i��r • � ,,r 1C' ,�� t ''�........,. ..� State oi Ohio -'""". County of MedEna ss.: „��„��,...,.,. ,``o`a���ntsA� �,ysG�,. ' �;� SEAL :n' .'cyi' '-�' '• ..k . ',`,,.� "����.��t�„�•�• �:, 1@4i9 ; ; * � .'o- ..'y WESTFtELD INSURAt�CE COMPANY WESTFf�I.D NATlONAL [NS{JRANC� G�MPAt�Y OHlO FAftM�RS INSi1ftANCE COMPAt�Y � � . By: Richard L. Kinnaird, Jr., Natranal Svrety Leader and Senior Executive On this 201h day of APRIL A.D„ 20t1 , betore rna persanally came Ricftard l.. Kinnaird, Jr. to me known, who, being 6y rr�e dufy sworn, dld depose and say, Ehat he resides�ln Medina, Ohio; that he Is Seniar Exectffive of W�5'f�IELO INSURAHC� COtU4PANY, W�ST�E�LD i�ATIOhEAL INSURAI�CE GOfviPANY ancf OH[O FRRMERS INS€JRANCE COt�SPANY, the cosnpanles described in and which execuEed Ihe abova insErument; that he lcnows the seals of said Gampanies; Yhat th� seais a#fixed to said insfrument are such corporate seals, that fhey were so affixed by order of ihe Boards of Direcfors of said Companles; and thaf he signad hls name thereta by f€fce order. NotariaE , , ���,.a�t��„��,,,, � _ Seal .�` p;1 � � �;'`,, ' AffiXed �(P;.`�,tlj�// ��" 2 t �'� ��' r , • !--�. . WillEain ,1. Kaltelin, A rney at Law, lYotary Public StaEe of Ohlo ': N �. ��o My Cammtsslon Does Not E�cgire jSec. 147.03 Ohio ftevised Codej County o€ Medina ss.: , � �'���; ..Tf bF �, (, Frank A. Carrino, secretary of w�ST�I�LD E1�SURANC� CO�€PAhlY, WES�FfEE.p NATIONA� 1MSURANC� COMPANY and oH[o FaR�4ER5 iN5l3RANC� CC3hAPANY, do hereby cerfify Ehaf the above and foregoing is a Erue and correct copy of a Power of Attarney, executed by said Companles, which is still in fufl iorce and et#ect; anci furthermore, the resofutiorts of tite Boerds of Q3rectors, set out in tha Pov,�er of At#orney ara In t�1i force ancE effecf. fa Witaess UVhereaf, E have hereunto set rr3y hand and attixed the seals oF said C:c�mpanies at Westfeld Center, Ohio, this day of r*`' liyu fid,(� °' , �%v` ' � ''•Ct�`�'i '•� . �+r f � �•��� L�a 3 �' . ,�. ��� ��•••�`• ...rr� �,t �,,,��«�����,�, •`'.�tOtJA( � • ; �``�Q,. .�sG� . .0 �, ���. •�_ ='� . ;� ,; ..�.. .f �„�.,,,,.,, e ; ; 1848 :, +' •; '. �� y � ' 1 �O Secr�rary Frank A. Carrino, Secretary BPOAC2 {con�i�ined� (�6-42j UO 61 13 - I �r�r«an�i,���cr r�«�Fn i'aee 1 ota BOIIC� �E]. � ��ss3Q , Z 3 � 5 6 7 s�cTlov �a 6z i3 PERFORNiANCC BOND T]I� STAT� OI' T�XAS § § KNOW ALL BI' TH�S� PR�S�NTS: COUn'TY OI+ TEIRRANT § "1'►i�t we, l��cle�enc{ent lJtililv Coi�sti�uctio►�. I��c. , kr�o�vn as "P►�inci}�al" I�erein a��cl 8 ____ 11�estfield Insura�tce Com��an.�, a co���orate si�rety(s��reties, if'���ore tha�� c���e) duiy 9 a�►tl�oc•ized to da btjsi��ess in the State of Teaas, k��a�v►1 as "Surety" 1�eE'eii� (�vi�etkier aE�e ar mo�•e), t0 are fielcf a��c� f�rml}� bo��nci unto tlle Develo�er, Meritage Ho»ies, a��tharized to cEo business i►� T��as t I (`:DeireloE�er"j a�jd il�e City of Fa��t Wort13, a Te�as meinicip�) co��poratioi� ("City„), in tl�e pe��al 12 su�n of, Two Hs�i�c�red Fiftee�3 TE�ous���c�, Se�en Hund��ed Fort.Y-'�'�z'o Uoll�rs & l�ort.�� 13 ($215,742.�0) la�vful ���oney ofli�e U�fiteci States, ta be p�id i�j Fo��t Wortl�, Ta��rai�t Ca�i��ty, Te��s I� for the ��ayment of �vhicl� si�»� ��rell ancl tr��ly to E�e n�ade, joi��tly ��»to tl�e De�eloper a►zci tEie City as 15 d��aE at�liges, ��re �iE�d ourselves, our heirs, e:cecutors, 8CI131iIli5il'c�tOE'S, si�ccesso�•s and assigns, joi►�tly i 6 aE�d several ly, f rn�(y by tl�ese �resents. i 7 �'VHE�t�AS, De��e[ope�� �nd City I�ar+e e��tered i�ltp ��� Aga•ee►nent for tl�e co��struction of l8 co►nn�u►�it�� fhci[ities in tl�e City of Fort Wo��th b}� ai�d tE���oligh a Coji��3t����ity Facililies Agre��ne��t, 19 Ct'A Numbe�• ; at�d 2� WH�REAS, tfle Y►�incipal llas ente��ec� into a certain �v�•itte�i coEltE�act �e�ith the De��elape�• 2k �wa:�c{ed tE�e c�ay of , 20�, ���hicl� Co��fract is hereby refei•�•ed to a��d 22 n��cle t� part I�ereof for all pt�r}�ases as if fi�lly set fot•th l�erein, to fin�nisl� all �i�ate�•ials, eqi�ipn�e�3t 23 l�i�or and otlier accesso�•ies def�ied t�y la�v, i�� tl�e prosec��tion of [1�e Work, inclt�di��g a��7� Cl�ange 2�t Orc�ers, as pro��icled f'o►� i�a said Cfl��traet c�esig��atecE as Street Li �flti�� � im ro<<e���e�its to serve 25 Ci[�oEo E lills i'h�tse 3. 26 NO��', THEREI'OR�, tl�e condifion of tt�is abligatio�� is sucl� tl�at it tE�e s�id PE•i�iciE3al 27 shall f��ill�fi�E[y �leE'f4E'lll ti DI]I[�,T�]�IOFtS LIttCIeE' ill� CO[1fE'i�Ct 1t1CI SI7S�I fll 3I� I'eS}l�CiS tlll�)f and faithf��11}r 2� perfor��� €I�e 1�I�ork, incli��i»� C��ai�ge OrcEe�•s, uude�' tlie Ca�itr�ct, �ceorc�ing ta the p��ns, 29 specific�lions, �s��c� eontract doct��j�ei�ts ti�eE•ei�� ��eferred ta, a��c� as �vell c�urin�a�3y }�erioc( c�f 30 estension of the Gc�ntract tl�at ��iay E�e grantecl on li�e part o�'ti�e DeveEo�er and/a�� City, ff�en this 31 ol}Iigatio►� shall E�e anci beca�ne ��ull and ��aic�, otE�er�vise ta �•e�i�ai�� in #`ull fc�rce a��c� effect. CI'IY (3I E�{iRT IVORTF9 Ciboln Hills I'hase 3 STAN�ARDC["['YCON€717'IONS—DEVELOi'E[tA1VARDE:�3'Ftt)JEC7'S Ci[}�Pri�jcclNn, 1{13172 Ite��ised .lanuar�� 3 i. 2012 IIII{,IIS_� I`fR��)R�UA\'CL t3i )uL) Pu��e ? al'? �3���,�i ��. � �o��b�c� I I'llOVf�)I:D P'URTH�R, that if ��n�� le�a] action he tilecl an this [3oncl, vciiue shail lie in 3 'I'urrt�nt Cntu7ty, Te�as nr ti�e Unitecl States C7istrict Caurt for the Norlherrt I.�istrict �f Tes<�s. Furt 3 1��t�rth Di��ision. d "l�his bond is inade an�i e�ecutecl in complian�e �vitfi the pr�visi�ns of Cli�pter 2253 af the 5 "l�ex�s Go��crrnne��t Code, ��s a�liendecl, and �II ]iabilities on this i�ond s3r111 be deterrninec! i2i ( accorcl��nce ���il€i the ��rovisinns nf said stalue. 7 IN �ti'ITN�SS \�'HGREOr, thc Princip�ll Fi[lC� lI]C Sllt'Cly k��ve SiGNED ancl SE:/1Lk;[) thi5 S instrun3ent l>>> ciuly �iuthori�ed a�ents and officers on tk�is tl�e day of , 2(i c) 10 11 12 13 ld IS kG [7 13 l9 2p ?� 22 23 �q 25 2G 27 �S � c? 30 3l ��"C'[�E57': �� � � ;, ; { ,1� ti'� (Princip<�I)�Scc�relt�ry , ,1 I � � � � �� -� _: ]?+ ncss �is l�� Priitci��al 32 33 3 �4 35 ; 3G - � � 37 �.� ������ .�. �-���;� �,'' � � '� ��. �.�'� 3S Ilfifi�css ati tn Surely Clizabeth Grn�, i PiZI\�C'1PA1,: �NQEPE�IDGi T UTILI"I�l' CONSTR O�, [NC. �'_ B1': � Signature RidiaE�d 11'olfe Presicicnt �IaEiie and Titic Addi'ess: S I 09 S�En Vallcy L)ri��e Forc Il'o� th, Texas 7G l 19 SUREiI`; 111F.STFIEL� [�SUR��\�C�, CO\-1Pr1\Y > ', �' r �y B1'• � �� �� �gnature K �le IV. S���eeiie � r1(iornc �-in-P<<ct Namc and Title �lddress: SSi Rcpii6lic I)ri��e, 5uite �1�U Pl�no, '1'cxas 7507�4 Telepho�ie Nnmbcr: 97?-� Ifi-2hU0 39 �4(i �No1e: [I�signed by an oftice3� oFt17e Suret}' Coit�pa3i)', there n�ust be u�i lile a �crtitiecl e�[r�ict d i f������i tlie by-la�vs S�lUlVllib Ifl�lt ff115 person has �liklliOCll}� to si�n such c��li���tion. [I� �I2 Suret��'s physical t�ciclress is clifi'ere�lt ii�on� its mailin� address, both i�iust he �7rrn�iclecl. �I3 T�ie date t�f the �ond sliali not be prior to the date the Conirt�cl is a�varciccl. CITI' {)� �i )R'I 11`{)R't'H Cihnln I iilis Ph�i+c 3 5f�1i\1�r1EtDCITYC'ON171TI(}\'S—D[i\��L(31'ERAIYARUEDPRO.I�CIS C'ii� Prs��ect\o 1113172 ftc�'iscd _i.�nu.�n' 31. lUl2 . fl[)fil Id - i PAY\tE\"T QE)\ll Pa�e I of? BoE�d Na. 170gg3Q I 2 3 �} S 6 THE STATE Or T�Y�►S COUNTY OI' TARI�NT S�CTION 00 62 1�{ PAYIVI�,NT B�ND § § KNOtiV ALL BY TH�SE PRCS�NTS: § 7 That �ve, Independent UtiliE}' COIIStCL]C�EO[l, I�ic. , k��o�v�� as "PE�i►lciE�al" lierei�3, 8 �nd Westiiefc� I��s�►��aj3ee Co►u aE� r , a eo�•porate s��rety (or s��reties it' n�ore tha►� 9 o��e), cEul}! a�Ethorized to da E���si��ess in tl�e State of'I'e�as, k�io�v�} as "Si���ety„ E�erein (�<<ilether aEie 1Q or more), ��re held ���ci tir►nly ba��nc� unta ti�e Develo�er Ivieritage Hc�mes a��tl�c�rizec! to do 1 I E���si�jess in Te�as ("Develope�."), and t13e City of Fart ���arth, a"T'eYas m��nici}�al carpor�lio►� 12 ("City"), i�� ti�e penal s�»�� of'I'�vo HE���dred Fifteett Tlzousa►�ci, Seven Hu�ld�•ed FaE-t��-T�ro Uoll�rs 13 & Fa�•!y Ce��ts (�215 7�€2.�i0) la�ar�tl� fl1011�y of tE�e U«ited States, to be paici i�� Fo��t I�oeth, Tar►�t���t 14 Couc�ty, Te�as, foE• tlie �ay»�eift af wf�ich sum �vell arod truly k�e �nade jointly t�t�to The De�le[o�er 15 ai�ci City as ciu�l obligees, «�e bind ourselves, our heirs, execs�tors, ad�t�inistcato�•s, st�ccessors a�id � i7 18 assi��ls, joi�3tiy a►id se��crall��, firmly �iy these prese»ts: WHT�R�AS, De��eloper and City 13ave ej�te►•ed into a�� Agreement faE� tlle canstr�ictian of co�nn�e�iiity facilities in ti�e City of I'o►•t Wortiz, b}r a»d tl�rougli � Co�n���u��ity Facilities [9 Agree►nenl, CFA N��m�er ; a��d 2fl WHERT�AS, P�•iricipal kias ey}tered ij�to a ee3�tain �����itte�� Ga�tt�'act �vitl� Develo��r, 21 ���varcled tl�e cEa}� of , 20_, ���hicf� Co►tt��aet is Eiereby referred to anci 22 23 2�i 25 ��iade a paE-t hereof foE� all puE•poses as if fEElly set fa��tf� herein, to furnisl� all m�teri�tls, eq�iip�zte��t, l�bo�� ���d othe�� aceessories as de���ed !�y la���, i» t13e p�•asecutio�i af tl�e Wo��k as pro�ided for i�� saicl Co►�t��act a��c! designatec� as St�•eet Li�lftin� Iin���•a�eEnents to se�ve Cibolo 1Iills Pl�ase 3. NOVV, Z"HI;I��FOR�, THE CONDITiON OP TH1S OBI,IGATION is s��eE� tE�at if 26 Princi���l shr�ll ��y ai[ n�onies o���ing to �ny (and all) payment bo�id bcne�iciar?r {as cle��ieci in 27 C13a��te►� 2253 of [he "I`eaas Go�rei�i����e��t Cacie, as ����eE�ciec�} in the proseeutic��� af the Wo��k u►�cler 28 the Cont��acl, the�� this obli�ation sl�all k�e �3nd €�eco�tie ►u�ll ���cl void; oti�er�vise te� re►nai►� in t►EII 29 3p 31 foree and effect. t'iTY OF i�Oft'C IUOEZ'I H Cil�nlc� Hills P€ta�se 3 S7'A�DARC3 CITY C()� JDITIO\5 — CJEVELOPE[2 ALVARC3Ei� PRC).fT:C'TS Ci[y Yri�ject A'o. 1Q3172 Rc��iscd,l�riuciry 31, 2(112 Illlf,lla-2 I'r11'\li_i\ I L�(li\'D I':i � r l u I' 2 �OI1C� V�. � �(y�`c�3 2 3 �1 5 G 7 S 9 lU I] 12 13 �I�liis bnncl is �riade and exerutecl in cumpli�3n�e �viih the �aeu��isions of�ChaF�ter 2253 ot�llie Texas Governinent C���Ic, �s �intendeci, ancl all liabilities on this bcsnci shall hc CjC1Cl'1TlIIlC[I in �urur�lunre ���ith ihe �irovisiotis oFs��icl st��ttite. IN 11'ITN�SS �4'HTRTOT, the Pri�3cip��l ��tici 5urety h�ive e�icEi S1G�ICD �jnd SCAL�D Ehis instrui3�ent by dul�� authnrizccf agents and afiicers on ihis the _ d�iy af , 20 ATTCS`F': � �' �, , � (P �iici al) S�cretaey i__� � t ,�I �1 itness as tn Princi�»I �1"f ['L.5`I': �: -�t 1 , / ,��,_� (Sure�y) 5ccrctar�� Fra�lk �1. Carrino C (' � �'' � ��. ) � ' �r�/� � 1% 1,� l` ��i l r � �-T, � IVitness as ta Suret)� F.lizahcth Gray PR�vc�r�,�i.: INT)EPF,Nll�;N`1' U"1'1L[Tl' CONSTRI ., iON, iNC. c� /� BY: Sig�iature Rich�rcl Wolf'c, F'resiclent N��me aj�d Title �ldclress: 5109 Sun Valley Dri�ze Fort Wortll, Tc�as 7fi I I 9 SUR�TI': «�F,STFIFLD INSUR�II�C'E C;O�IE'A�7' .� . �Y: ��� ��' Si r�a ire [{��le 1V, S���eene�r, Attorne��-in-Fact Na��le ��nd Title Acidress; 555 Rcpublic L)rive, 5uite �450 Plano. Te�as 75074 TeEcpho�ic 1�!uni I�er: 972-5 ] 6-26Q� �lolc: Il� si�neci by tsn oflirer at� the Suret��, thcre n�ust be on file �t certiliecl e�lract frurn the byla���s slic��vins� ihat this pe��son h�is at�tliarity to si�n sucli ohli�atic�n. [f' Suretl'�s ��hysical aciclress is di1�f'ei�ent frn�n its n��iling address, �olh itiust i�e providecl. "[��te clate �f� the E�on�l shal l nc�[ be ��rior t� tl�e ci�ite the Contraet is ti�vardeci. I:N�) O1� ST�C'!'iON Clll' UF FURI 11'URTI I STA\'[),IKU CI I Y �UvlJl ll(]uti — ll] VGLUPf-R AIYARfI�D PROJFiCTS ReS�iseJ lanu�in ll.?III? ('ihuln Hills P13���se _i C ih' Piuject Nu. IUZ17? OU G2 39 - 1 �1rV\"fE�r1\C� $C}NC3 E'<iee 1 oi 3 �OIIC� VU. �%Usx.�Q i 2 3 � 5 6 7 -rH� sT�T� or T�c�s COUNTY OF TARRANT S�CTION 00 G2 19 Iv(AENTENANCE L�ONll § § KNOW ALL BY THES� PR�S�NTS: § 3 "1'l�at ���e I►idepende�3t Utilit�r Canst��t�ctio��. 3nc. ,�:nar��n �s "P�•ic�cipal" he�•ein �E�d 9 Westlielc� Ins��rance Co�npany , a cor�orate surety (s��reties, if ��lare than one) d�►ly t0 autl�orizecE to do 13��si��ess in Elte �tate of Te�as, k»o���►� as "5���•ety" llerein (���hethe�• a►le or mo��e), l 1 ��re helci and €i����il�' vOElll(E Ei[t�0 �IIC DBVf3I0�)�I'� 1�terita�e Ho��ies, i1tiEIl01'1ZeCI [O CIO �USIII�SS ]El 12 Te�as ("Developer") �j�c� tl�e City af' Fo►�t Wortl�, a Te�as ���unicipal eoE•�o�•atio�� ("City"), i►� the 13 sun� of Two H���3cfrecl Pifteen `I"f�ousaE�d, SCVEEI HL1f1dE'�CI FOl'ty-T��'a Dollars &�'ort}� Cents I�i {�215,7�2.40) la�i�fu[ �naney of the UnitecE States, to be paid iE� Fa►�t WoE-tlt, Tarra��t Cou��ty, I S Texas, foi• ��aymenf of «�Eiicl� su►n �vell ancE t���►ly be »sacle joi��tly a►ijto flte Develope►• arzc� tize City 16 as cittal o�ligees �»d their s�iceessoE�s, �ve bind ourselves, aE�r l�eirs, e�ecutors, adi3�iEtistrato�'s, 17 stEccesso�•s a�icE assig��s, joi��tly a��d severally, firi��ly by these �rese�fts. E$ t9 WHF,RTAS, DevelopeE• a��c� Cify h�t��e entered i��#o a�� Ag��een�ent fo�� the co►�str�iction c�f 2Q co►n���u�lity faeilities i�� tEte City of Fort 1�'ortl� by a»d ttiroe�gl� a Corni�lunity Facilities 21 Agreen�ent, CI'f1 N�i»zk�er ; anc� 22 1�VHERCAS, ffle PE�iEicipal h�s ei3terecl i►�to a certain ���ritte�j contE'act �vith tE1e Develaper 23 �w��•cfed tlle day o� , 20_, �vl�icl� Contract is I�e��eby referrec� to a��d 2� a►nade �art I�ereof for all purpases as if fiaiiy set forth I�erei��, to fi�rnisl� aE[ n�aterials, equi����ent 25 lal�or and oti�er aeeessories as cief �lec9 by la�v, i�� tli� proseet�tion of tite Vl�o�•[c, ineEucli��g any 2G Wc�rk res��[ting fi�oi�� a d��ly a�►t13oE�ized C1�a«ge O►•der (coflecti�ely Ilerein, tl�e "V4�or[c") �s 27 provicied fa►� in saicl Co��tract a►�d desi�►�ated as St�'eet Li�ljtin =�pE�ove�i�e��ts to seE•�Te Cit�olc� 24 Hilis f'I�ase 3; a��c� 29 3�3 WH�R�AS, Pri��ciE�al bi��ds ilself to tise st�el� ►nate��ials ai�c� fo so coE�st����et #l�e 1��ork i�t 31 ��ecorda�3ce �vith t13e �lans, s�ecifi�<3tin►�s aE�ci Contcaet Doe���3fe�3ts tki�t tf�e Work is a��c! te�ill 32 re���ai�� free f'��o►�i clefects in �z�atcrials o�� nrorkinanship for aEld d���•iE��; t[�e }�eriod of t���o (2} �=eai•s 33 �fEer the date c�f Fi���l Acce�tance €�i ti�e �Vork by thc City ("Maintena��ee Period"}; ����d 34 CI"I�Y ('}I' Ft)R'1 11'OIZ't�H Cihnln I�flls Phas� 3 STANf3ARD CITY ('L)NllCE'[()NS — D�VELOI'ER A11'Af2L7ED PftOJECTS {'ih� Project \€i. l(}3172 12erised 1�nuan' 31_ 2012 lH1 62 19 - 2 \(i1[I�'I'�\�1\CE k3E)\D Page 2 of 3 E3011C{ �O. � %O�bit} I 2 3 4 5 6 7 S 9 i0 Il 12 13 l� 1S I6 17 �s I9 20 21 zz 23 �i'H�R�AS, P��i��cipal E�i»cls itsclt'to ►�c�air or r-econstruet tl�c 1�loE�k in «�E�ole o�� i�� }�aE-t �►�ac�n receivirig notice fi�am the De��elaper �ndlar City of the neeci tfie��eof at a��y ti��ie ���itk�i�� the Viaintenai�ce Period. NO�'�' TH�R�I'OI2�, tEle COI1C{IilOtl Of illt5 OElI1�T�iitD11 !S SEICII i�l�tf if I�1'113CI��E SE1�II ren�edy a��y defective Work, for wf�ich tin�ely ��otice �i�as providecl by DevelopeE� or City, tc� a co��lpletio�� satisfactory to tE�e Cit�1, then tl�is ol�ligation shall E�eco���e ni�ll ancl voici; otheE��vise to ��emt�in i�3 full force a��cl effect. f'ROV1DEll,1IO�V�V�R, if Principal sl�all fail so to re�air or ��eco��struct a�3y ti���ely ��otieeci defective Work, it is agreec{ tl�at the De�elaper or City �iiay cause a►ry and all s��cE� defective Work to E�e rep�i��ed and/or reco►tstr�icted �vitEt all associatec� costs thereof bei��g €�or��e by tE�e P�•iE�cipal a��cl ihe Sti��ety t�nder t1�is Mai�tte►t�tjCe Bond; and PROVID�D FURTHER, tk�at if a��y legal actio�� be �lec� on tftis Bo�tc�, ��entte si�all lie in Tarra��t County, Te�as or tl�e Uz�ited States Dist��ict Co�Ert for ti3e NortE�ern District of T��as, Fo��t Worth Division; and �'ROVIllT?1) T+URTH��t, t13at E1�is o�ligatio3� sl�all k�e co��tinuoiis in ��at►��•e anc� successive recove�•ics may be h�cE I�ereon for successive bre�c�les. C]'TY OF FOEZT IVORTFi 5"I ANDARD �["[�1' C(3\�Dl'I�I()\�5 — EJEVE:LOP�R A�'1'ACLC}E[] P€tOJEC: I S Reviseci J�mi2�iry 3 i, 2�f 2 Cit3c�lc� l lills Phasc 3 C'ih� �'roject No. 1f13l72 nnr,2l�l-3 ��A�i �� �i��r���ct_ 13� �ur� Pa"r ; „I 3 �iOIIC� NU. � %��� 5 g ]0 ll l2 13 l �1 IS IG �� 14 19 20 21 22 23 2�1 25 2G 27 23 2� 3� ,3 I 32 33 3 �� li1' \1'IT�I1?SS 1�'II�RI?(�1{', Ilie P��inripal ��nci thc Sueety have eacli SfC;NFD aiid SF.r1[,E;L) ihis iiislruitle��t f��� cluly �iutliorizecl a�eiits a��c3 of'firers on this tlie da�� ot� , 2f1_ r;"f"['�ST. ` I / (•`,4�J . , ` (Pr pal)�ccretary i . � � �.���J 1lrifness as fo I'rincipsil �1TT'EST: �;.0-,�5<{ �1 ��in�_._a (Surety�) Secretary �rai�k A, Ca�'rino r � i •s-�_,_l_� �.-e�. r, ;���� ' �,�� �:,�, 11 itness �is 10 Suret�� Elizabeth Gray € 3� 3G "Nnic 37 3S 39 4(} l�II f'ft[NCIi'AL: I�ID�PE\'U '��' U'TIL[T1' C(�\'STRI' : O\�, INC. Bl': igi RicEi��rcl �lJalfc, Presiclei�t \'att�e ��ncl "l�i(Ic Address: S l09 Su�i 1�alley L)rivc F�irt 1Vorih, Teras 7G l I'? SU1tETY; 1VESTFI�.LD I\SUR�\1�CE CO\�1PA�1' , 7 [31': /�; �� . ignaturc . -- 1{ �le 111. 5�veeiiel', rlliorncy-i�i-Fact Naifie �i�ci 'l'illc �lddress: 555 Izcpublic Dri��c, Suite d5D . Plair�, Tex�is 7SD7�4 `I'cicphone Number: 972-51 C-2G00 [f signccl by an officer �f t��e S�u'ety C'omp�iny, there tiiusE be a�7 Cle a certilied extr�tct f�rocii t]7e t���-la���s sho�vin� that ll7is persc�n has authority tn sign such ol�ligation. [f' Stn�ety's physical a�lcit•css is clilf'erent 1�rom its iT��iliri� aciclress, L]Oi�l It1LI5C 1)e 471'Cf1'ICICCI. Thc clate ut� the honcl s1i��l I not bc Esrior t� tlie d�te t�ie Contraet is a«<arc€ed, CC[ Y(}F FORT Wf)IZ! ti Cilinlci Hills I'I�a,c } tiTrl\'f1A1Lll CI ll' ('(7Nf)ITIU\5 — llEVLLOP3[It All'ATtnF.0 I'1:(�l�C 1 ti City t'rujccS Nu I{1 S 172 Rerised I,inuary 11. 2U12 . CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1  1.01 Defined Terms ............................................................................................................................... 1  1.02 Terminology .................................................................................................................................. 5  Article 2 – Preliminary Matters ......................................................................................................................... 6  2.01 Before Starting Construction ........................................................................................................ 6  2.02 Preconstruction Conference .......................................................................................................... 6  2.03 Public Meeting .............................................................................................................................. 6  Article 3 – Contract Documents and Amending ............................................................................................... 6  3.01 Reference Standards ..................................................................................................................... 6  3.02 Amending and Supplementing Contract Documents .................................................................. 6  Article 4 – Bonds and Insurance ....................................................................................................................... 7  4.01 Licensed Sureties and Insurers ..................................................................................................... 7  4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7  4.03 Certificates of Insurance ............................................................................................................... 7  4.04 Contractor’s Insurance .................................................................................................................. 9  4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12  Article 5 – Contractor’s Responsibilities ........................................................................................................ 12  5.01 Supervision and Superintendent ................................................................................................. 12  5.02 Labor; Working Hours ................................................................................................................ 13  5.03 Services, Materials, and Equipment ........................................................................................... 13  5.04 Project Schedule .......................................................................................................................... 14  5.05 Substitutes and “Or-Equals” ....................................................................................................... 14  5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16  5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16  5.08 Wage Rates.................................................................................................................................. 18  5.09 Patent Fees and Royalties ........................................................................................................... 19  5.10 Laws and Regulations ................................................................................................................. 19  5.11 Use of Site and Other Areas ....................................................................................................... 19  5.12 Record Documents ...................................................................................................................... 20  5.13 Safety and Protection .................................................................................................................. 21  5.14 Safety Representative ................................................................................................................. 21  5.15 Hazard Communication Programs ............................................................................................. 22  5.16 Submittals .................................................................................................................................... 22  5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24  5.19 Delegation of Professional Design Services .............................................................................. 24  5.20 Right to Audit: ............................................................................................................................ 25  5.21 Nondiscrimination....................................................................................................................... 25  Article 6 – Other Work at the Site ................................................................................................................... 26  6.01 Related Work at Site ................................................................................................................... 26  Article 7 – City’s Responsibilities................................................................................................................... 26  7.01 Inspections, Tests, and Approvals .............................................................................................. 26  7.02 Limitations on City’s Responsibilities ....................................................................................... 26  7.03 Compliance with Safety Program ............................................................................................... 27  Article 8 – City’s Observation Status During Construction ........................................................................... 27  8.01 City’s Project Representative ..................................................................................................... 27  8.02 Authorized Variations in Work .................................................................................................. 27  8.03 Rejecting Defective Work .......................................................................................................... 27  8.04 Determinations for Work Performed .......................................................................................... 28  Article 9 – Changes in the Work ..................................................................................................................... 28  9.01 Authorized Changes in the Work ............................................................................................... 28  9.02 Notification to Surety .................................................................................................................. 28  Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28  10.01 Change of Contract Price ............................................................................................................ 28  10.02 Change of Contract Time............................................................................................................ 28  10.03 Delays .......................................................................................................................................... 28  Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29  11.01 Notice of Defects ........................................................................................................................ 29  11.02 Access to Work ........................................................................................................................... 29  11.03 Tests and Inspections .................................................................................................................. 29  11.04 Uncovering Work ....................................................................................................................... 30  11.05 City May Stop the Work ............................................................................................................. 30  11.06 Correction or Removal of Defective Work ................................................................................ 30  11.07 Correction Period ........................................................................................................................ 30  11.08 City May Correct Defective Work ............................................................................................. 31  Article 12 – Completion .................................................................................................................................. 32  12.01 Contractor’s Warranty of Title ................................................................................................... 32  12.02 Partial Utilization ........................................................................................................................ 32  12.03 Final Inspection ........................................................................................................................... 32  12.04 Final Acceptance ......................................................................................................................... 33  Article 13 – Suspension of Work .................................................................................................................... 33  13.01 City May Suspend Work ............................................................................................................ 33  Article 14 – Miscellaneous .............................................................................................................................. 34  14.01 Giving Notice .............................................................................................................................. 34  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34  14.03 Cumulative Remedies ................................................................................................................. 34  14.04 Survival of Obligations ............................................................................................................... 35  14.05 Headings ...................................................................................................................................... 35  00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects City Project No. 102251 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 25 00 1 SUBSTITUTION PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for requesting the approval of substitution of a product that is not 6 equivalent to a product which is specified by descriptive or performance criteria or 7 defined by reference to 1 or more of the following: 8 a. Name of manufacturer 9 b. Name of vendor 10 c. Trade name 11 d. Catalog number 12 2. Substitutions are not "or-equals". 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 – General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various items bid. No 21 separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or catalog 30 numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or-equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or-equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1 1.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, if a reduction in cost or time results, it will 45 be documented by Change Order. 46 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 4. Substitution will be rejected if: 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the Developer’s opinion, acceptance will require substantial revision of the 4 original design 5 d. In the City’s or Developer’s opinion, substitution will not perform adequately 6 the function consistent with the design intent 7 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. In making request for substitution or in using an approved product, the Contractor 12 represents that the Contractor: 13 1. Has investigated proposed product, and has determined that it is adequate or 14 superior in all respects to that specified, and that it will perform function for which it 15 is intended 16 2. Will provide same guarantee for substitute item as for product specified 17 3. Will coordinate installation of accepted substitution into Work, to include building 18 modifications if necessary, making such changes as may be required for Work to be 19 complete in all respects 20 4. Waives all claims for additional costs related to substitution which subsequently 21 arise 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 EXHIBIT A 1 REQUEST FOR SUBSTITUTION FORM: 2 3 TO: 4 PROJECT: DATE: 5 We hereby submit for your consideration the following product instead of the specified item for 6 the above project: 7 SECTION PARAGRAPH SPECIFIED ITEM 8 9 10 Proposed Substitution: 11 Reason for Substitution: 12 Include complete information on changes to Drawings and/or Specifications which proposed 13 substitution will require for its proper installation. 14 15 Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30 31 Equal Better (explain on attachment) 32 The undersigned states that the function, appearance and quality are equivalent or superior to the 33 specified item. 34 Submitted By: For Use by City 35 36 Signature Recommended Recommended 37 as noted 38 39 Firm Not recommended Received late 40 Address By 41 Date 42 Date Remarks 43 Telephone 44 45 For Use by City: 46 47 Approved Rejected 48 City Date 49 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. No construction schedule required unless requested by the City. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the delivery of the 27 distribution package to the City. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Developer and Consultant 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 e. Other City representatives 1 f. Others as appropriate 2 4. Preliminary Agenda may include: 3 a. Introduction of Project Personnel 4 b. General Description of Project 5 c. Status of right-of-way, utility clearances, easements or other pertinent permits 6 d. Contractor’s work plan and schedule 7 e. Contract Time 8 f. Notice to Proceed 9 g. Construction Staking 10 h. Progress Payments 11 i. Extra Work and Change Order Procedures 12 j. Field Orders 13 k. Disposal Site Letter for Waste Material 14 l. Insurance Renewals 15 m. Payroll Certification 16 n. Material Certifications and Quality Control Testing 17 o. Public Safety and Convenience 18 p. Documentation of Pre-Construction Conditions 19 q. Weekend Work Notification 20 r. Legal Holidays 21 s. Trench Safety Plans 22 t. Confined Space Entry Standards 23 u. Coordination with the City’s representative for operations of existing water 24 systems 25 v. Storm Water Pollution Prevention Plan 26 w. Coordination with other Contractors 27 x. Early Warning System 28 y. Contractor Evaluation 29 z. Special Conditions applicable to the project 30 aa. Damages Claims 31 bb. Submittal Procedures 32 cc. Substitution Procedures 33 dd. Correspondence Routing 34 ee. Record Drawings 35 ff. Temporary construction facilities 36 gg. MBE/SBE procedures 37 hh. Final Acceptance 38 ii. Final Payment 39 jj. Questions or Comments 40 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 32 33 1 PRECONSTRUCTION VIDEO 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative and procedural requirements for: 6 a. Preconstruction Videos 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Though not mandatory, it is highly recommended on infill developer projects. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] 1 END OF SECTION 2 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 33 00 1 DAP SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the 24 submittals from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27 performing the related Work or other applicable activities, or within the time 28 specified in the individual Work Sections, of the Specifications. 29 b. Contractor is responsible such that the installation will not be delayed by 30 processing times including, but not limited to: 31 a) Disapproval and resubmittal (if required) 32 b) Coordination with other submittals 33 c) Testing 34 d) Purchasing 35 e) Fabrication 36 f) Delivery 37 g) Similar sequenced activities 38 c. No extension of time will be authorized because of the Contractor's failure to 39 transmit submittals sufficiently in advance of the Work. 40 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other 2 contractor. 3 B. Submittal Numbering 4 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-5 reference identification numbering system in the following manner: 6 a. Use the first 6 digits of the applicable Specification Section Number. 7 b. For the next 2 digits number use numbers 01-99 to sequentially number each 8 initial separate item or drawing submitted under each specific Section number. 9 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11 submittal number would be as follows: 12 13 03 30 00-08-B 14 15 1) 03 30 00 is the Specification Section for Concrete 16 2) 08 is the eighth initial submittal under this Specification Section 17 3) B is the third submission (second resubmission) of that particular shop 18 drawing 19 C. Contractor Certification 20 1. Review shop drawings, product data and samples, including those by 21 subcontractors, prior to submission to determine and verify the following: 22 a. Field measurements 23 b. Field construction criteria 24 c. Catalog numbers and similar data 25 d. Conformance with the Contract Documents 26 2. Provide each shop drawing, sample and product data submitted by the Contractor 27 with a Certification Statement affixed including: 28 a. The Contractor's Company name 29 b. Signature of submittal reviewer 30 c. Certification Statement 31 1) “By this submittal, I hereby represent that I have determined and verified 32 field measurements, field construction criteria, materials, dimensions, 33 catalog numbers and similar data and I have checked and coordinated each 34 item with other applicable approved shop drawings." 35 D. Submittal Format 36 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37 2. Bind shop drawings and product data sheets together. 38 3. Order 39 a. Cover Sheet 40 1) Description of Packet 41 2) Contractor Certification 42 b. List of items / Table of Contents 43 c. Product Data /Shop Drawings/Samples /Calculations 44 E. Submittal Content 45 1. The date of submission and the dates of any previous submissions 46 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom-prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 2. Details 28 a. Relation of the various parts to the main members and lines of the structure 29 b. Where correct fabrication of the Work depends upon field measurements 30 1) Provide such measurements and note on the drawings prior to submitting 31 for approval. 32 G. Product Data 33 1. For submittals of product data for products included on the City’s Standard Product 34 List, clearly identify each item selected for use on the Project. 35 2. For submittals of product data for products not included on the City’s Standard 36 Product List, submittal data may include, but is not necessarily limited to: 37 a. Standard prepared data for manufactured products (sometimes referred to as 38 catalog data) 39 1) Such as the manufacturer's product specification and installation 40 instructions 41 2) Availability of colors and patterns 42 3) Manufacturer's printed statements of compliances and applicability 43 4) Roughing-in diagrams and templates 44 5) Catalog cuts 45 6) Product photographs 46 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 7) Standard wiring diagrams 1 8) Printed performance curves and operational-range diagrams 2 9) Production or quality control inspection and test reports and certifications 3 10) Mill reports 4 11) Product operating and maintenance instructions and recommended 5 spare-parts listing and printed product warranties 6 12) As applicable to the Work 7 H. Samples 8 1. As specified in individual Sections, include, but are not necessarily limited to: 9 a. Physical examples of the Work such as: 10 1) Sections of manufactured or fabricated Work 11 2) Small cuts or containers of materials 12 3) Complete units of repetitively used products color/texture/pattern swatches 13 and range sets 14 4) Specimens for coordination of visual effect 15 5) Graphic symbols and units of Work to be used by the City for independent 16 inspection and testing, as applicable to the Work 17 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 18 be fabricated or installed prior to the approval or qualified approval of such item. 19 1. Fabrication performed, materials purchased or on-site construction accomplished 20 which does not conform to approved shop drawings and data is at the Contractor's 21 risk. 22 2. The City will not be liable for any expense or delay due to corrections or remedies 23 required to accomplish conformity. 24 3. Complete project Work, materials, fabrication, and installations in conformance 25 with approved shop drawings, applicable samples, and product data. 26 J. Submittal Distribution 27 1. Electronic Distribution 28 a. Confirm development of Project directory for electronic submittals to be 29 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 30 City. 31 b. Shop Drawings 32 1) Upload submittal to designated project directory and notify appropriate 33 City representatives via email of submittal posting. 34 2) Hard Copies 35 a) 3 copies for all submittals 36 b) If Contractor requires more than 1 hard copy of Shop Drawings 37 returned, Contractor shall submit more than the number of copies listed 38 above. 39 c. Product Data 40 1) Upload submittal to designated project directory and notify appropriate 41 City representatives via email of submittal posting. 42 2) Hard Copies 43 a) 3 copies for all submittals 44 d. Samples 45 1) Distributed to the Project Representative 46 2. Hard Copy Distribution (if required in lieu of electronic distribution) 47 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 a. Shop Drawings 1 1) Distributed to the City 2 2) Copies 3 a) 8 copies for mechanical submittals 4 b) 7 copies for all other submittals 5 c) If Contractor requires more than 3 copies of Shop Drawings returned, 6 Contractor shall submit more than the number of copies listed above. 7 b. Product Data 8 1) Distributed to the City 9 2) Copies 10 a) 4 copies 11 c. Samples 12 1) Distributed to the Project Representative 13 2) Copies 14 a) Submit the number stated in the respective Specification Sections. 15 3. Distribute reproductions of approved shop drawings and copies of approved 16 product data and samples, where required, to the job site file and elsewhere as 17 directed by the City. 18 a. Provide number of copies as directed by the City but not exceeding the number 19 previously specified. 20 K. Submittal Review 21 1. The review of shop drawings, data and samples will be for general conformance 22 with the design concept and Contract Documents. This is not to be construed as: 23 a. Permitting any departure from the Contract requirements 24 b. Relieving the Contractor of responsibility for any errors, including details, 25 dimensions, and materials 26 c. Approving departures from details furnished by the City, except as otherwise 27 provided herein 28 2. The review and approval of shop drawings, samples or product data by the City 29 does not relieve the Contractor from his/her responsibility with regard to the 30 fulfillment of the terms of the Contract. 31 a. All risks of error and omission are assumed by the Contractor, and the City will 32 have no responsibility therefore. 33 3. The Contractor remains responsible for details and accuracy, for coordinating the 34 Work with all other associated work and trades, for selecting fabrication processes, 35 for techniques of assembly and for performing Work in a safe manner. 36 4. If the shop drawings, data or samples as submitted describe variations and show a 37 departure from the Contract requirements which City finds to be in the interest of 38 the City and to be so minor as not to involve a change in Contract Price or time for 39 performance, the City may return the reviewed drawings without noting an 40 exception. 41 5. Submittals will be returned to the Contractor under 1 of the following codes: 42 a. Code 1 43 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 44 comments on the submittal. 45 a) When returned under this code the Contractor may release the 46 equipment and/or material for manufacture. 47 b. Code 2 48 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 1 the notations and comments IS NOT required by the Contractor. 2 a) The Contractor may release the equipment or material for manufacture; 3 however, all notations and comments must be incorporated into the 4 final product. 5 c. Code 3 6 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 7 assigned when notations and comments are extensive enough to require a 8 resubmittal of the package. 9 a) The Contractor may release the equipment or material for manufacture; 10 however, all notations and comments must be incorporated into the 11 final product. 12 b) This resubmittal is to address all comments, omissions and 13 non-conforming items that were noted. 14 c) Resubmittal is to be received by the City within 15 Calendar Days of 15 the date of the City's transmittal requiring the resubmittal. 16 d. Code 4 17 1) "NOT APPROVED" is assigned when the submittal does not meet the 18 intent of the Contract Documents. 19 a) The Contractor must resubmit the entire package revised to bring the 20 submittal into conformance. 21 b) It may be necessary to resubmit using a different manufacturer/vendor 22 to meet the Contract Documents. 23 6. Resubmittals 24 a. Handled in the same manner as first submittals 25 1) Corrections other than requested by the City 26 2) Marked with revision triangle or other similar method 27 a) At Contractor’s risk if not marked 28 b. Submittals for each item will be reviewed no more than twice at the City’s 29 expense. 30 1) All subsequent reviews will be performed at times convenient to the City 31 and at the Contractor's expense, based on the City's or City 32 Representative’s then prevailing rates. 33 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 34 all such fees invoiced by the City. 35 c. The need for more than 1 resubmission or any other delay in obtaining City's 36 review of submittals, will not entitle the Contractor to an extension of Contract 37 Time. 38 7. Partial Submittals 39 a. City reserves the right to not review submittals deemed partial, at the City’s 40 discretion. 41 b. Submittals deemed by the City to be not complete will be returned to the 42 Contractor, and will be considered "Not Approved" until resubmitted. 43 c. The City may at its option provide a list or mark the submittal directing the 44 Contractor to the areas that are incomplete. 45 8. If the Contractor considers any correction indicated on the shop drawings to 46 constitute a change to the Contract Documents, then written notice must be 47 provided thereof to the Developer at least 7 Calendar Days prior to release for 48 manufacture. 49 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the 1 Contractor may carry out the construction in accordance therewith and no further 2 changes therein except upon written instructions from the City. 3 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4 following receipt of submittal by the City. 5 L. Mock ups 6 1. Mock Up units as specified in individual Sections, include, but are not necessarily 7 limited to, complete units of the standard of acceptance for that type of Work to be 8 used on the Project. Remove at the completion of the Work or when directed. 9 M. Qualifications 10 1. If specifically required in other Sections of these Specifications, submit a P.E. 11 Certification for each item required. 12 N. Request for Information (RFI) 13 1. Contractor Request for additional information 14 a. Clarification or interpretation of the contract documents 15 b. When the Contractor believes there is a conflict between Contract Documents 16 c. When the Contractor believes there is a conflict between the Drawings and 17 Specifications 18 1) Identify the conflict and request clarification 19 2. Sufficient information shall be attached to permit a written response without further 20 information. 21 22 23 24 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Cibolo HIlls Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 5 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No, 102251 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 SECTION 01 45 23 1 TESTING AND INSPECTION SERVICES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Testing and inspection services procedures and coordination 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 a. Contractor is responsible for performing, coordinating, and payment of all 16 Quality Control testing. 17 b. City is responsible for performing and payment for first set of Quality 18 Assurance testing. 19 1) If the first Quality Assurance test performed by the City fails, the 20 Contractor is responsible for payment of subsequent Quality Assurance 21 testing until a passing test occurs. 22 a) Final acceptance will not be issued by City until all required payments 23 for testing by Contractor have been paid in full. 24 1.3 REFERENCES [NOT USED] 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Testing 27 1. Complete testing in accordance with the Contract Documents. 28 2. Coordination 29 a. When testing is required to be performed by the City, notify City, sufficiently 30 in advance, when testing is needed. 31 b. When testing is required to be completed by the Contractor, notify City, 32 sufficiently in advance, that testing will be performed. 33 3. Distribution of Testing Reports 34 a. Electronic Distribution 35 1) Confirm development of Project directory for electronic submittals to be 36 uploaded to City’s Buzzsaw site, or another form of distribution approved 37 by the City. 38 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate 1 City representatives via email of submittal posting. 2 3) Hard Copies 3 a) 1 copy for all submittals submitted to the Project Representative 4 b. Hard Copy Distribution (if required in lieu of electronic distribution) 5 1) Tests performed by City 6 a) Distribute 1 hard copy to the Contractor 7 2) Tests performed by the Contractor 8 a) Distribute 3 hard copies to City’s Project Representative 9 4. Provide City’s Project Representative with trip tickets for each delivered load of 10 Concrete or Lime material including the following information: 11 a. Name of pit 12 b. Date of delivery 13 c. Material delivered 14 B. Inspection 15 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 16 perform work in accordance with the Contract Documents. 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City’s Project Representatives. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1 1) Obtain construction water meter from City for payment as billed by City’s 2 established rates. 3 3. Electricity and Lighting 4 a. Provide and pay for electric powered service as required for Work, including 5 testing of Work. 6 1) Provide power for lighting, operation of equipment, or other use. 7 b. Electric power service includes temporary power service or generator to 8 maintain operations during scheduled shutdown. 9 4. Telephone 10 a. Provide emergency telephone service at Site for use by Contractor personnel 11 and others performing work or furnishing services at Site. 12 5. Temporary Heat and Ventilation 13 a. Provide temporary heat as necessary for protection or completion of Work. 14 b. Provide temporary heat and ventilation to assure safe working conditions. 15 B. Sanitary Facilities 16 1. Provide and maintain sanitary facilities for persons on Site. 17 a. Comply with regulations of State and local departments of health. 18 2. Enforce use of sanitary facilities by construction personnel at job site. 19 a. Enclose and anchor sanitary facilities. 20 b. No discharge will be allowed from these facilities. 21 c. Collect and store sewage and waste so as not to cause nuisance or health 22 problem. 23 d. Haul sewage and waste off-site at no less than weekly intervals and properly 24 dispose in accordance with applicable regulation. 25 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 26 4. Remove facilities at completion of Project 27 C. Storage Sheds and Buildings 28 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 29 above ground level for materials and equipment susceptible to weather damage. 30 2. Storage of materials not susceptible to weather damage may be on blocks off 31 ground. 32 3. Store materials in a neat and orderly manner. 33 a. Place materials and equipment to permit easy access for identification, 34 inspection and inventory. 35 4. Equip building with lockable doors and lighting, and provide electrical service for 36 equipment space heaters and heating or ventilation as necessary to provide storage 37 environments acceptable to specified manufacturers. 38 5. Fill and grade site for temporary structures to provide drainage away from 39 temporary and existing buildings. 40 6. Remove building from site prior to Final Acceptance. 41 D. Temporary Fencing 42 1. Provide and maintain for the duration or construction when required in contract 43 documents 44 E. Dust Control 45 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the 1 project. 2 a. Contractor remains on-call at all times 3 b. Must respond in a timely manner 4 F. Temporary Protection of Construction 5 1. Contractor or subcontractors are responsible for protecting Work from damage due 6 to weather. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 3.1 INSTALLERS [NOT USED] 18 3.2 EXAMINATION [NOT USED] 19 3.3 PREPARATION [NOT USED] 20 3.4 INSTALLATION 21 A. Temporary Facilities 22 1. Maintain all temporary facilities for duration of construction activities as needed. 23 3.5 [REPAIR] / [RESTORATION] 24 3.6 RE-INSTALLATION 25 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 26 3.8 SYSTEM STARTUP [NOT USED] 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES 30 A. Temporary Facilities 31 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a 1 condition equal to or better than prior to start of Work. 2 3.12 PROTECTION [NOT USED] 3 3.13 MAINTENANCE [NOT USED] 4 3.14 ATTACHMENTS [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 1 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 2 Street Use Permit, such that construction is not delayed. 3 C. Modification to Approved Traffic Control 4 1. Prior to installation traffic control: 5 a. Submit revised traffic control plans to City Department Transportation and 6 Public Works Department. 7 1) Revise Traffic Control plans in accordance with Section 34 71 13. 8 2) Allow minimum 5 working days for review of revised Traffic Control. 9 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 10 plans for Street Use Permit, such that construction is not delayed. 11 D. Removal of Street Sign 12 1. If it is determined that a street sign must be removed for construction, then contact 13 City Transportation and Public Works Department, Signs and Markings Division to 14 remove the sign. 15 E. Temporary Signage 16 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 18 Devices (MUTCD). 19 2. Install temporary sign before the removal of permanent sign. 20 3. When construction is complete, to the extent that the permanent sign can be 21 reinstalled, contact the City Transportation and Public Works Department, Signs 22 and Markings Division, to reinstall the permanent sign. 23 F. Traffic Control Standards 24 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 END OF SECTION 36 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 58 13 1 TEMPORARY PROJECT SIGNAGE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Temporary Project Signage Requirements 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS 26 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 27 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 28 A. Design Criteria 29 1. Provide free standing Project Designation Sign in accordance with City’s Standard 30 Details for project signs. 31 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 B. Materials 1 1. Sign 2 a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 3 2.3 ACCESSORIES [NOT USED] 4 2.4 SOURCE QUALITY CONTROL [NOT USED] 5 PART 3 - EXECUTION 6 3.1 INSTALLERS [NOT USED] 7 3.2 EXAMINATION [NOT USED] 8 3.3 PREPARATION [NOT USED] 9 3.4 INSTALLATION 10 A. General 11 1. Provide vertical installation at extents of project. 12 2. Relocate sign as needed, upon request of the City. 13 B. Mounting options 14 a. Skids 15 b. Posts 16 c. Barricade 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE 26 A. General 27 1. Maintenance will include painting and repairs as needed or directed by the City. 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 31 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 2 3 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 60 00 1 PRODUCT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. References for Product Requirements and City Standard Products List 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 12 1.3 REFERENCES [NOT USED] 13 1.4 ADMINISTRATIVE REQUIREMENTS 14 A. A list of City approved products for use is located on Buzzsaw as follows: 15 1. Resources\02 - Construction Documents\Standard Products List 16 B. Only products specifically included on City’s Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City’s Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City’s Standard Product List. 24 D. Although a specific product is included on City’s Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer’s standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City’s 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 1 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 70 00 1 MOBILIZATION AND REMOBILIZATION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Mobilization and Demobilization 6 a. Mobilization 7 1) Transportation of Contractor’s personnel, equipment, and operating supplies 8 to the Site 9 2) Establishment of necessary general facilities for the Contractor’s operation 10 at the Site 11 3) Premiums paid for performance and payment bonds 12 4) Transportation of Contractor’s personnel, equipment, and operating supplies 13 to another location within the designated Site 14 5) Relocation of necessary general facilities for the Contractor’s operation 15 from 1 location to another location on the Site. 16 b. Demobilization 17 1) Transportation of Contractor’s personnel, equipment, and operating supplies 18 away from the Site including disassembly 19 2) Site Clean-up 20 3) Removal of all buildings and/or other facilities assembled at the Site for this 21 Contract 22 c. Mobilization and Demobilization do not include activities for specific items of 23 work that are for which payment is provided elsewhere in the contract. 24 2. Remobilization 25 a. Remobilization for Suspension of Work specifically required in the Contract 26 Documents or as required by City includes: 27 1) Demobilization 28 a) Transportation of Contractor’s personnel, equipment, and operating 29 supplies from the Site including disassembly or temporarily securing 30 equipment, supplies, and other facilities as designated by the Contract 31 Documents necessary to suspend the Work. 32 b) Site Clean-up as designated in the Contract Documents 33 2) Remobilization 34 a) Transportation of Contractor’s personnel, equipment, and operating 35 supplies to the Site necessary to resume the Work. 36 b) Establishment of necessary general facilities for the Contractor’s 37 operation at the Site necessary to resume the Work. 38 3) No Payments will be made for: 39 a) Mobilization and Demobilization from one location to another on the 40 Site in the normal progress of performing the Work. 41 b) Stand-by or idle time 42 c) Lost profits 43 3. Mobilizations and Demobilization for Miscellaneous Projects 44 a. Mobilization and Demobilization 45 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis 1 necessary for: 2 a) Transportation of Contractor’s personnel, equipment, and operating 3 supplies to the Site for the issued Work Order. 4 b) Establishment of necessary general facilities for the Contractor’s 5 operation at the Site for the issued Work Order 6 2) Demobilization shall consist of the activities and cost necessary for: 7 a) Transportation of Contractor’s personnel, equipment, and operating 8 supplies from the Site including disassembly for each issued Work 9 Order 10 b) Site Clean-up for each issued Work Order 11 c) Removal of all buildings or other facilities assembled at the Site for 12 each Work Oder 13 b. Mobilization and Demobilization do not include activities for specific items of 14 work for which payment is provided elsewhere in the contract. 15 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 16 a. A Mobilization for Miscellaneous Projects when directed by the City and the 17 mobilization occurs within 24 hours of the issuance of the Work Order. 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 – General Requirements 23 1.2 PRICE AND PAYMENT PROCEDURES 24 A. Measurement and Payment 25 1. Mobilization and Demobilization 26 a. Measure 27 1) This Item is considered subsidiary to the various Items bid. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 are subsidiary to the various Items bid and no other compensation will be 31 allowed. 32 2. Remobilization for suspension of Work as specifically required in the Contract 33 Documents 34 a. Measurement 35 1) Measurement for this Item shall be per each remobilization performed. 36 b. Payment 37 1) The work performed and materials furnished in accordance with this Item 38 and measured as provided under “Measurement” will be paid for at the unit 39 price per each “Specified Remobilization” in accordance with Contract 40 Documents. 41 c. The price shall include: 42 1) Demobilization as described in Section 1.1.A.2.a.1) 43 2) Remobilization as described in Section 1.1.A.2.a.2) 44 d. No payments will be made for standby, idle time, or lost profits associated this 45 Item. 46 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 3. Remobilization for suspension of Work as required by City 1 a. Measurement and Payment 2 1) This shall be submitted as a Contract Claim in accordance with Article 10 3 of Section 00 72 00. 4 2) No payments will be made for standby, idle time, or lost profits associated 5 with this Item. 6 4. Mobilizations and Demobilizations for Miscellaneous Projects 7 a. Measurement 8 1) Measurement for this Item shall be for each Mobilization and 9 Demobilization required by the Contract Documents 10 b. Payment 11 1) The Work performed and materials furnished in accordance with this Item 12 and measured as provided under “Measurement” will be paid for at the unit 13 price per each “Work Order Mobilization” in accordance with Contract 14 Documents. Demobilization shall be considered subsidiary to mobilization 15 and shall not be paid for separately. 16 c. The price shall include: 17 1) Mobilization as described in Section 1.1.A.3.a.1) 18 2) Demobilization as described in Section 1.1.A.3.a.2) 19 d. No payments will be made for standby, idle time, or lost profits associated this 20 Item. 21 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 22 a. Measurement 23 1) Measurement for this Item shall be for each Mobilization and 24 Demobilization required by the Contract Documents 25 b. Payment 26 1) The Work performed and materials furnished in accordance with this Item 27 and measured as provided under “Measurement” will be paid for at the unit 28 price per each “Work Order Emergency Mobilization” in accordance with 29 Contract Documents. Demobilization shall be considered subsidiary to 30 mobilization and shall not be paid for separately. 31 c. The price shall include 32 1) Mobilization as described in Section 1.1.A.4.a) 33 2) Demobilization as described in Section 1.1.A.3.a.2) 34 d. No payments will be made for standby, idle time, or lost profits associated this 35 Item. 36 1.3 REFERENCES [NOT USED] 37 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 38 1.5 SUBMITTALS [NOT USED] 39 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 40 1.7 CLOSEOUT SUBMITTALS [NOT USED] 41 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 42 1.9 QUALITY ASSURANCE [NOT USED] 43 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 44 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION [NOT USED] 4 END OF SECTION 5 6 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 7 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking and construction survey 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Construction Staking 14 a. Measurement 15 1) This Item is considered subsidiary to the various Items bid. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item are subsidiary to the various Items bid and no other compensation will 19 be allowed. 20 2. Construction Survey 21 a. Measurement 22 1) This Item is considered subsidiary to the various Items bid. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item are subsidiary to the various Items bid and no other compensation will 26 be allowed. 27 1.3 REFERENCES [NOT USED] 28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29 1.5 SUBMITTALS 30 A. Submittals, if required, shall be in accordance with Section 01 33 00. 31 B. All submittals shall be approved by the City prior to delivery. 32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 33 A. Certificates 34 1. Provide certificate certifying that elevations and locations of improvements are in 35 conformance or non-conformance with requirements of the Contract Documents. 36 a. Certificate must be sealed by a registered professional land surveyor in the 37 State of Texas. 38 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 B. Field Quality Control Submittals 1 1. Documentation verifying accuracy of field engineering work. 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. Construction Staking 6 1. Construction staking will be performed by the City. 7 2. Coordination 8 a. Contact City’s Project Representative at least 2 weeks in advance for 9 scheduling of Construction Staking. 10 b. It is the Contractor’s responsibility to coordinate staking such that construction 11 activities are not delayed or negatively impacted. 12 3. General 13 a. Contractor is responsible for preserving and maintaining stakes furnished by 14 City. 15 b. If in the opinion of the City, a sufficient number of stakes or markings have 16 been lost, destroyed or disturbed, by Contractor’s neglect, such that the 17 contracted Work cannot take place, then the Contractor will be required to pay 18 the City for new staking with a 25 percent markup. The cost for staking will be 19 deducted from the payment due to the Contractor for the Project. 20 B. Construction Survey 21 1. Construction Survey will be performed by the City. 22 2. Coordination 23 a. Contractor to verify that control data established in the design survey remains 24 intact. 25 b. Coordinate with the City prior to field investigation to determine which 26 horizontal and vertical control data will be required for construction survey. 27 c. It is the Contractor’s responsibility to coordinate Construction Survey such that 28 construction activities are not delayed or negatively impacted. 29 d. Notify City if any control data needs to be restored or replaced due to damage 30 caused during construction operations. 31 1) City shall perform replacements and/or restorations. 32 3. General 33 a. Construction survey will be performed in order to maintain complete and 34 accurate logs of control and survey work as it progresses for Project Records. 35 b. The Contractor will need to ensure coordination is maintained with the City to 36 perform construction survey to obtain construction features, including but not 37 limited to the following: 38 1) All Utility Lines 39 a) Rim and flowline elevations and coordinates for each manhole or 40 junction structure 41 2) Water Lines 42 a) Top of pipe elevations and coordinates for waterlines at the following 43 locations: 44 (1) Every 250 linear feet 45 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 (2) Horizontal and vertical points of inflection, curvature, etc. (All 1 Fittings) 2 (3) Cathodic protection test stations 3 (4) Sampling stations 4 (5) Meter boxes/vaults (All sizes) 5 (6) Fire lines 6 (7) Fire hydrants 7 (8) Gate valves 8 (9) Plugs, stubouts, dead-end lines 9 (10) Air Release valves (Manhole rim and vent pipe) 10 (11) Blow off valves (Manhole rim and valve lid) 11 (12) Pressure plane valves 12 (13) Cleaning wyes 13 (14) Casing pipe (each end) 14 b) Storm Sewer 15 (1) Top of pipe elevations and coordinates at the following locations: 16 (a) Every 250 linear feet 17 (b) Horizontal and vertical points of inflection, curvature, etc. 18 c) Sanitary Sewer 19 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 20 the following locations: 21 (a) Every 250 linear feet 22 (b) Horizontal and vertical points of inflection, curvature, etc. 23 (c) Cleanouts 24 c. Construction survey will be performed in order to maintain complete and 25 accurate logs of control and survey work associated with meeting or exceeding 26 the line and grade required by these Specifications. 27 d. The Contractor will need to ensure coordination is maintained with the City to 28 perform construction survey and to verify control data, including but not 29 limited to the following: 30 1) Established benchmarks and control points provided for the Contractor’s 31 use are accurate 32 2) Benchmarks were used to furnish and maintain all reference lines and 33 grades for tunneling 34 3) Lines and grades were used to establish the location of the pipe 35 4) Submit to the City copies of field notes used to establish all lines and 36 grades and allow the City to check guidance system setup prior to 37 beginning each tunneling drive. 38 5) Provide access for the City to verify the guidance system and the line and 39 grade of the carrier pipe on a daily basis. 40 6) The Contractor remains fully responsible for the accuracy of the work and 41 the correction of it, as required. 42 7) Monitor line and grade continuously during construction. 43 8) Record deviation with respect to design line and grade once at each pipe 44 joint and submit daily records to City. 45 9) If the installation does not meet the specified tolerances, immediately notify 46 the City and correct the installation in accordance with the Contract 47 Documents. 48 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 49 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 APPLICATION 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 12 City in accordance with this Specification. 13 B. Do not change or relocate stakes or control data without approval from the City. 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 24 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 5. Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 c. Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Cibolo Hills Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. 102251 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24