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HomeMy WebLinkAboutContract 56522-PM1F��RT ��RTH �S�' No_ 56522-P1VI1 PR�JE["T M�NLT�L F�R THE C �1VS TRLTC TI�N �F CREEKSIDE ESTATES PHASE 3 City- Praject Na. 1DDS25 Water Pi•oject �Ta. S96Q1-06DD430-10U825-00158D Sauitai�y- Se��er Pz•aject �io. 596Q7-07DD434-1UU$25-0013$D ?�-24171 S'V-24b4 IPRC Na. IPRC16-2423 Betsy Price Da�id C'ooke NI3�DT Clfy M7I13��T Chris Har�der Director, Water Depat�trnent Williaui Joluison Director, Transportation and Pul�lic Warks Depai-tment PrePared far The C'ity of Fort �'�orth February 2�22 � DUNAwAy DL�NAZ�i��.Y ASSOCI�.TES. L.P. ������"_'���� �� ;•, :.:� 550 Sailey Avenue, Suite 400 �.-;i-:::..:••. `� f.,,s��� � Ft. ��i�orth, TX'.6107 ,s • ;=' � �' � . �. .� �;', � ❑ffice: 817-335-1121 1 Fax: 817-424-1370 ¢' ' ---------- = TX REG. F-111� ��C; ��f;E i•-• -��]J�'AF:O JR��� .... ..�..�..�.......... ..r . "' � «i�i��.diu�a�.�-a��-assac.crn�� �s � r7-'����5`��° 21�122 DA Praject# 2a10078.D30 OFFICIAL REC4RD CITY SECRETARY FT. WDRTH, TX 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 4 Division 00 - General Conditions 5 00 42 43 Proposal Form Unit Price 6 00 43 13 Bid Bond 7 00 45 11 Bidders Prequalification’s 8 00 45 12 Prequalification Statement 9 00 45 26 Contractor Compliance with Workers' Compensation Law 10 00 52 43 Agreement 11 00 61 25 Certificate of Insurance 12 00 62 13 Performance Bond 13 00 62 14 Payment Bond 14 00 62 19 Maintenance Bond 15 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 16 Projects 17 18 Division 01 - General Requirements 19 01 11 00 Summary of Work 20 01 25 00 Substitution Procedures 21 01 31 19 Preconstruction Meeting 22 01 31 20 Project Meetings 23 01 32 16 Construction Progress Schedule 24 01 32 33 Preconstruction Video 25 01 33 00 Submittals 26 01 35 13 Special Project Procedures 27 01 45 23 Testing and Inspection Services 28 01 50 00 Temporary Facilities and Controls 29 01 55 26 Street Use Permit and Modifications to Traffic Control 30 01 57 13 Storm Water Pollution Prevention Plan 31 01 58 13 Temporary Project Signage 32 01 60 00 Product Requirements 33 01 66 00 Product Storage and Handling Requirements 34 01 70 00 Mobilization and Remobilization 35 01 71 23 Construction Staking 36 01 74 23 Cleaning 37 01 77 19 Closeout Requirements 38 01 78 23 Operation and Maintenance Data 39 01 78 39 Project Record Documents 40 41 Technical Specifications which have been modified by the Engineer specifically for this 42 Project; hard copies are included in the Project’s Contract Documents 43 44 None 45 100825 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Technical Specifications listed below are included for this Project by reference and can be 1 viewed/downloaded from the City’s Buzzsaw site at: 2 3 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-4 %20Construction%20Documents/Specifications 5 6 Division 02 - Existing Conditions 7 02 41 13 Selective Site Demolition 8 02 41 14 Utility Removal/Abandonment 9 02 41 15 Paving Removal 10 11 Division 03 - Concrete03 30 00 Cast-In-Place Concrete 12 03 34 13 Controlled Low Strength Material (CLSM) 13 03 34 16 Concrete Base Material for Trench Repair 14 03 80 00 Modifications to Existing Concrete Structures 15 16 Division 26 - Electrical 17 26 05 00 Common Work Results for Electrical 18 26 05 10 Demolition for Electrical Systems 19 26 05 33 Raceway and Boxes for Electrical Systems 20 26 05 43 Underground Ducts and Raceways for Electrical Systems 21 22 Division 31 - Earthwork 23 31 10 00 Site Clearing 24 31 23 16 Unclassified Excavation 25 31 23 23 Borrow 26 31 24 00 Embankments 27 31 25 00 Erosion and Sediment Control 28 31 36 00 Gabions 29 31 37 00 Riprap 30 31 Division 32 - Exterior Improvements 32 32 01 17 Permanent Asphalt Paving Repair 33 32 01 18 Temporary Asphalt Paving Repair 34 32 01 29 Concrete Paving Repair 35 32 11 23 Flexible Base Courses 36 32 11 29 Lime Treated Base Courses 37 32 11 33 Cement Treated Base Courses 38 32 12 16 Asphalt Paving 39 32 12 73 Asphalt Paving Crack Sealants 40 32 13 13 Concrete Paving 41 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 42 32 13 73 Concrete Paving Joint Sealants 43 32 14 16 Brick Unit Paving 44 32 16 13 Concrete Curb and Gutters and Valley Gutters 45 32 17 23 Pavement Markings 46 32 31 13 Chain Link Fences and Gates 47 32 31 26 Wire Fences and Gates 48 32 31 29 Wood Fences and Gates 49 32 32 13 Cast in Place Concrete Retaining Walls 50 100825 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 32 91 19 Topsoil Placement and Finishing of Parkways 1 32 92 13 Hydro-Mulching, Seeding, and Sodding 2 32 93 43 Trees and Shrubs 3 4 Division 33 - Utilities 5 33 01 30 Sewer and Manhole Testing 6 33 01 31 Closed Circuit Television (CCTV) Inspection 7 33 03 10 Bypass Pumping of Existing Sewer Systems 8 33 04 10 Joint Bonding and Electrical Isolation 9 33 04 11 Corrosion Control Test Stations 10 33 04 12 Magnesium Anode Cathodic Protection System 11 33 04 30 Temporary Water Services 12 33 04 40 Cleaning and Acceptance Testing of Water Mains 13 33 05 10 Utility Trench Excavation, Embedment, and Backfill 14 33 05 12 Water Line Lowering 15 33 05 13 Frame, Cover and Grade Rings 16 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 17 33 05 16 Concrete Water Vaults 18 33 05 17 Concrete Collars 19 33 05 20 Auger Boring 20 33 05 21 Tunnel Liner Plate 21 33 05 22 Steel Casing Pipe 22 33 05 23 Hand Tunneling 23 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 24 33 05 26 Utility Markers/Locators 25 33 05 30 Exploratory Excavation for Existing Utilities 26 33 11 10 Ductile Iron Pipe 27 33 11 11 Ductile Iron Fittings 28 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 29 33 11 13 Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type 30 33 11 14 Buried Steel Pipe and Fittings 31 33 11 15 Pre stressed Concrete Cylinder Pipe 32 33 12 10 Water Services 1-inch to 2-inch 33 33 12 11 Large Water Meters 34 33 12 20 Resilient Seated Gate Valve 35 33 12 21 AWWA Rubber Seated Butterfly Valves 36 33 12 25 Connection to Existing Water Mains 37 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 38 33 12 40 Dry-Barrel Fire Hydrants 39 33 12 50 Water Sample Stations 40 33 12 60 Blow off Valves 41 33 31 12 Cured in Place Pipe (CIPP) 42 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 43 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 44 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 45 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 46 33 31 22 Sanitary Sewer Slip Lining 47 33 31 23 Sanitary Sewer Pipe Enlargement 48 33 31 50 Sanitary Sewer Service Connections and Service Line 49 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 50 100825 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 33 39 10 Cast-in-Place Concrete Manholes 1 33 39 20 Precast Concrete Manholes 2 33 39 30 Fiberglass Manholes 3 33 39 40 Wastewater Access Chamber (WAC) 4 33 39 60 Epoxy Liners for Sanitary Sewer Structures 5 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 6 33 41 11 HDPE Storm Sewer Pipe 7 33 46 00 Sub drainage 8 33 46 01 Slotted Storm Drains 9 33 46 02 Trench Drains 10 33 49 10 Cast-in-Place Manholes and Junction Boxes 11 33 49 20 Curb and Drop Inlets 12 33 49 40 Storm Drainage Headwalls and Wingwalls 13 14 Division 34 – Transportation34 41 10 Traffic Signals 15 34 41 13 Removing Traffic Signals 16 34 41 20 Roadway Illumination Assemblies 17 34 41 30 Aluminum Signs 18 34 71 13 Traffic Control 19 20 Appendix 21 GC-4.01 Availability of Lands 22 GC-4.02 Subsurface and Physical Conditions 23 GC-4.04 Underground Facilities 24 GC-4.06 Hazardous Environmental Condition at Site 25 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 26 GC-6.07 Wage Rates 27 GC-6.09 Permits and Utilities 28 GC-6.24 Nondiscrimination 29 GR-01 60 00 Product Requirements 30 31 END OF SECTION 32 100825 4� 42 43 CREEI(51�E PHASE $ PUBLIC IMPROVEMENFS Quawr�rr►�rqrRrx Page ! of 2 ProJect Item ItNarmaHon 8idders Proposal 61d115t Itern NQ, Description Specifica[ion Seclion M1fa. llnits Bid Qty. Llnit Prite 6id Value WATEREMPRDVEMENTS 1 3311.9007 �ucTilelranWaterFittingswlRestfaint 331111 TON �_�2 g 5509.00. �116fifl,99 2 3311.0241 6" Water Pipe 33 71 10, 33 � i 12 LF 2385 $ 3$.0� $90 63d,00 3 33� 2.3�03 8" Gate Vafve 33 12 20 EA 4 5 1 25d_DD 55 O��.GO A 3372.40J7 Fire H drant 33 72 4� EA 3 4 200.00 5�2.644.40 5 3312.2203 1" IA+ater Serviae 33 72 10 EA &2 S 95b,40 $77,940.00 B 33C5.01a9 Trench 5aiety 33 05 1Q LF 2385 S 1.a❑ 82 385.0� 7 83i 2.oi 17 Connaccion to Existinp 4"-12' Water bABin 33 12 25 �� g$ �,OU4.04 $4 OOO,CQ T�TAL H T• WATER PR�V M Od 778.0 EWER P 8 3331.3241 4" Sewer Service 33 31 50 EA �Z 750.4Q $6�.5�0,0❑ 8 3339.1Q01 -0' Manhole 33 3310, 33 3S2D EA g$ d 540.a6 $40.506.00 10 3331.4715 d" 5ewer Pipe 33 31 12, 33 31 20 LF 99q $ 42.00 529.148.00 11 3331.A716 6" Sewef Pipe, CSS 6acicfill 33 1 S �0, 33 31 �2, 33 31 2o LF 20 � 52.00 $1 44q.0❑ i2 9331.-0201 id' SewerPipe 33 11 70, 33 31 �2, 33 31 20 LF i388 5 50.Ofl $a9,aoa.co 13 3331.d202 1a" 5ewerPipe, C55 Backfll 33 11 1�, 33 31 12, 33 39 29 LF 40 � BO.Ua 32 40a.a0 14 3339,1oQ� 4' Extra aep[h Manhole 33 3s 10, 33 39 2D VF 14 y 185.00 52 590.OD 15 3305,0709T�enchSafaty 33051D LF 2pg2 $ 200 $d,16d,60 16 3301.flCa2 Post-GGTW Inspe: tion 33 07 37 LF 2682 $ d.00 58 328. Q� 17 3301,4101 Manhafe Vaaum Testing 33 01 34 EA 9$ 150.D0 �t.35o,n� T TAL N T I: EWER IMPR Z20 d20. PQV N 1$ 32'11.4501 6" Lirn� Treatment 32 1 i 28 SY 8452 � 3, 5Q $29 582.d� �� 32'73.41fl2 G"ConcPvmt 321313 SY 7899 $ 39.U� 530$�fi1.0U 24 3271.04fla Hydrated Lime 32 11 29 TN 142 5 190.40 $28.960.00 2i 32�3,a3534" Conc Sidewalk 32 13 2p SF 1415 S 3.75 $5,3q6,25 22 3273.�5018arrieYFfa8Ra111p,TypeR-1 321320 E4 6 s y.sao.oa $s,oao.00 23 3213.0504 Barrier Free Ramp, Type hA-2 32 73 20 EA 1 5 1 400.00 1 ag0.oa 24 3213.0502 6arrier Free Ramp, Type Ll-� 32 i3 20 EA 2 5 1�OO,bb S3 aQO.Gd 25 3213.0508 BatrierFr�f Ramp, Type P-1 32 13 2� EA 2 5 1,300.00 $2,6a0.0� T T PROYEME T �5 OD d2 43lE3id i�rnp��ti�l_]3AP Crcckside PFiase 3.xls 4A 4Z 43 CREEI(Sf�E RHASE 3 PUBLIC fMPRDVEMENTS ❑URNTI TY 141ATF�1X Page 2 Uf 2 Pray�ct Item Infwmation Bidders Proposal Bidlist Itern No. �escription Specification Sedion Na. Lfn3ts Bdd Qly. Llnit Prica Bid Value WtAINAGE IMPROVEMENT5 25 3349, 5001 10' Curb Inlet 33 48 2U EI1 8 y 3 40D.QD $2p 400.0❑ 27 33q1.a201 21" RCP, Classlll 3341 1a LF 23 S 65.p� 51495.00 28 3341.fl205 24" RCP, Class III 33 41 1a LF 51 3 7fl.Q0 3 57a.00 29 3341.0303 30" RGP, CIdS5 Ill 33 41 40 LF 68 S $5.00 5 780.00 30 3359.�001 d' Storm Junction Bax 02 41 14 �+ 7 5 5,pOd,DO S5,OO�.Oo 31 33�5.0112 Cancrete Colfar 33 QS 17 EA 3 s i,oaQ.00 $3,U00.00 32 33o5.0iD8 Trench Safaty 33 Q510 LF 142 5 z.00 $2B4.UD TAL �R ENT 529 UO A 33 3471.avoT Tranc Gontr❑I 34 71 �3 M❑ s a.00a.aa $6.OU0,00 34 3d$1.d00d3 FurnishJlnstall r71um Sign Graund Moun{ City Sfd. 34 4� 3fl EA �$ $56.Op $4,250.0'J TdTAL 51GNAGE ItIN STREET LIGHTiN 35 3441.3Qa2 Rcfwy IpumAssmbFy TY 17 3a a1 24 EA g$ 2.800.0� 525200.OQ 36 aa-a1,3201 LEO Liphtir�y Fuctura 34 41 24 EA 9�y 850.00 5 85�.QQ 37 3441.7?33 Rdvry Illum Found�tion TY 11 34 41 20 FA B E 7,200.06 $74,800.60 38 28C5.3C7 i 3" C�N�T PVC SCH SO [7} 2fi 05 33 LF gp3 $ �5.00 $S8,5fi3.�0 39 26C5.3C71 Z" CflN�T PVC SCH BD {T} 27 O5 33 LF 572 $ 19.�6 $i�.BEB.�❑ TREET HT 71681 Canfractor _< < t- I [ U' � �� /; _ �� - . .. �r"ac� �-t; 1 f [ j� --- '4 �- ��� s�2o�2 CWrtraCto��IgreeSto �omplabe WORI( for FINAL ACGEPTAHCE wHhin C�FfTRACT oommences Ec run aa provided in tha [#ene►al Condltivns. �SUB TO7Q� FQTA� C8#STRUCTION CO3T i20 working days a�terthe ciata when ihB �931,984.25 5931,984.15 NDTES: EXCLUSIQNS: - �aspection Fees - ]mpact, Tap or Caniiectiviz Fees - �ngineering �untroi - M�ter Fecs andfoT D��osits - Re-ve�;etatioi� - Cnnstructirnl Matcrial Testing - G�ntcch Tcsting - Adjustm�nt Of�Exi�ti�ig Ut�litEes - Locate �f Pri.uatc Utilitics - I3oes noi include wzre o�- �umps �Q d2 43_E3id Proposal_UAY_Creekside Pliasc 3.xls Qfl d5 12 DAP PitEQLALIFICATIUN SSATEA�NF page 1 of 1 SECTi�I�T Oil 45 12 �AP -- PREQiJALIFlCATION S'1'A'[']�NlI;N'I' l�ac� Bidder is required to complete the information betaw by identifying the prequalifiad contractars andlor subcantractors w�hom they intend to utiFiic for the maj[�r �vork type{s) ]istea. Jn �'ie"M�ior Work e" box rowide the carn lcte ma"or wor� �� e and actu a�ided b4• the Wa D arbment fvr water and sewer and TPW f '� Majnr Wnrk Type Contractorl5ubcontractor Company Prec�ualifi�ation � l�ac�� Ex iration I]ate VLtA"1��K DISTRIB u"1�141v, C�NATSER C�NSTRUCTI�N TX LP 1 �I3112022 DF.VFI_CIPMLNT, 12-I1�'CH DIAMETER �t SMALLER. CCTV, 12-INCH ANI] SMALLER SEW�R C�LLECTIDN 5Y5TEM, �E�ELOPMENT, 8-INCHES & SMAI.I.FR C�NCRETE PAVING CONATSER CQNSTRUCTIOIV TX LP 11312U23 C�NS'T'R i1C'I'IONIRECON STRUCTIC]N 15,flU0 5Y AN� GREATER� R�ADWAY & PED�STRIAN CONATSER CQNSTRiJCTIpN TX L� 11?12024 LIGHTTI�7G The undersigned hereby certi�es ihat the enntractnrs ancllvr subcontractors described in the table a6ove ar� �urrently prequalified for the worlc types listed. RIDIlFR: Cvnatser Construction 7'K, L.P. 5327 Wichita 5treet F�rt VL�arth, �I'7C 7G � 19 �Y: Brrr�r�- t-�u99: n s '5ignaturc} TITLE: {�'�SI G� �C�-� 1]A"�'�.: E11TD OF SECTIOriI C}TY DF FCRT WQRTH CREEKSIGE ESTATES FHASE 3 SiANaRRo CONS7Rl1CfION PRERVkLIFICJRION STATfMENF— D�V ELOPER 0.WARG�D PROJEGTS City Pmje�t Nv. For m Ve rsi on Septe m be r 1, ZQ15 1 QDSZS 4(1452fi-! CdNTRACTQR f{]MPI.[ANCE WITfI V4'C1RKl�.R'5 COMPENSATiQ1V I.AW Page i of i 1 S�;C7'�dN �q 45 26 2 CdNTRACTdR COMPI�IArJ{�E 4VITH WQR�ER'S C(]2vIPENSATIVN LAW 4 Pursuan# to Texas Labvx Cade SectiQn 406.0�36[a), as amended, Cnntractnr certi�es that it 5 provides worker's campensativn insurance co�erage far all af its employecs cmployed on City 6 Prnjcct No. ] d0424. C:onfxactor furthcr ceriifies that, pursuant to Texas Lat�or Code, Section ? �d6.496(b}, as arnended, it will provide to City its subcontra�tar's ce�titicates vf cflrnpliance with 8 worker's carnpensation caverage. lf� �� ZZ 13 14 15 I6 17 18 19 24 2I 22 �a 24 25 2fi 27 28 29 34 31 32 33 3� 35 3fi C�NTRACTOR: � t-h�a�, `�C . t{�y: $� N Ut� i r7s Company (Please Prt t t � � ��►�,1, � f_Q �t � _ Signature: ��! �� Address �Q�'" llV��'}�l � �� , �i � � t � Title: R� S I G� �h {' CitylStatel�ip (Please 1'rint) THE 5T1lTE Q� TEXAS § •''"'r'"' ti,�PRYAUBri' LfMlQSEY 5 GR1EH �°;���,;Notary Pubaic, 5ta'.e of Taxas C�L.TNTY QF TARRANT ":,Y � ...• � ; �a��• �xpir�s p8-06-2az3 § '4i °i,��`�'i'` Notary !� 13032378-2 w FURE the undersi cd authority, n�ypersona�Iy appeared , known to rne ta be the person whose name is subscrihed to th e i en and seknowlcdged ta me that hefshe executed the s�xne as thc aci and deed nf fox the purposes and Cnnsideratian therein pressed and in the capa�ity therein statead. 1•N i.7 -R MY HAND A SEAL �F �FFICN this � 2{3� �-�f ry 1'ublic i Eh'D U� 5EC day €�f for fhe 5tate af'I'exas C ITY pF FpRT WpRTIi CREEIC$fIJE E'�'TrI T�SYHrfS� .3 S l ANBAiu7 C[]15TRUCTTON 3PECIFICATIQN DDGUMENTS — DEVEL(?PEk AWAR£lF.l7 YI�QiEC7'S Ciay Praject Na. I00815 uca5z�3—i Ykrvslop� Awarded Project Ap-ecmcnt Page 1 of 4 i ��c�rro�v vv �2 a3 2 A.GREEMENT. 3 TFQS AGREEi1�II:N'1', anthorized on ��f ���2 as made by and behveen the Daveloper, q Moritz Interest, Ltd. , authari•r.ed to dn business in Texas ("I]e�e�oper"} , atid 5 Canatser Construction TX, L.P. _ _, authorized to dn b business in Tixas, acting hy and Thraugh its dul}� authoriZed representati�+e, ("Cnntractor'). 7 De�e�apcz and Cvntractvr, in cnnsideratinn of the mutual covenants tiereinafter set forth, a�ree as 8 follows: 9 Arricic 1. WURI� i� Contra�tor sha11 compleEe all Wark as specified or indicated in the Cantract Iyocwneitts far the 11 Proje�t identified herein. 12 Article 2. PROJI+:CT 13 14 I5 1G 17 ]8 19 20 The proje�t fQr wt�ic}i the VI'ork under the Contract Documents may bc th� whole or oaly a gart is generally deseribcd as fo�lows: CR��dGS'IAE ES'3'ATES PHflSE 3 Froiert Nn. �00825 Article 3. CUIVTRACT TIME 3.1 Timc is of the essence, All rirne Iimits fnr 1Vlilestvnes, if any, and E�inal Acceptarice as stated in r.he Contrztct Documents are of the essencc to this Coniract. 22 3.2 Fin�1 Acceptance. 22 Ti�e Work will be camplete fnr Final Acceptancc within ��0 �nnrking days after the date 23 when the Contraci '1'irne commences to run as provided in �aragraph ] 2.04 of the 5tandard 24 C:ity Conditivns of the Construsrion Cvn�act fcar I]e�e�uper Awarded Prvjects. �5 3.3 Liquidated darnages 26 27 28 29 34 31 32 33 34 35 Contractor recognizes that time is af the essen�c of t]�is Agrccment and that Develo�er will suffer financial loss if' the Work is not completed within the times specitied in Paragraph 3_2 abo�e, plus any extensic�n thorcof allowed in accordanoc with Article ] d of the Sta.ndard City Conditions af the �onstruccion (:antract far �eveloper Awarded Projects. The Contractnr also recagnizes t�e delays, expcnse and difficulties invnZvcd in pm�ing in a legal pro�eeding thc actual lvss suffered hy the T)eveloper if the Work is nat �arnpleted on rime. Accnrdingly, instead af requiriug any su�h proaf ,{+vn�aotor agrees that as liquiciated damages for deZay (but nQt as a penalry), Cvn[ractar shall pay Deveinper �F_Rp �Qllar� {�P.� for each day that expires after the timc speci�ed in Naragraph 3.2 £or Final Ac�eptance unCil the City issues the Fina� I.etter of Ac�eptance. CI"ly Uh h-(]R'I' WORTII C'RF.F.ICSII]I:' F'ST�STES FN�iSE3 s�i.a�nAunCONSTR�CT1oIv5PL•CiFICAT[Q1�oocUM&NT5-DEVELOP�RAwARDE�pROJECTS CITYPROJNCJ.IQU8�5 Revised June l4, 2016 uosza3-2 DCVCIOpE[ AWBfdlG PfOJOCI A�CCIllCpL Page 2 cf 4 36 �rtitle 4, CONTRACT PRICE 3T i]eve3oper a�rees tp p�}� ��naractor far perfvrmance of the Wprk in acc�rdanc� wiih ihe Contraa# 38 Dacumcnts an am�unt in �urrent funds of Ninehundrad�irty-0notnousantlnlnen•dn��e�eiyhlydour �]l�w� � jTl•e�rtt'frve eents 34 t� $93'f,984.�5 �. 40 Article 5. C�NTRACT DUCiTMENTS 41 S,i CQNTENTS� 42 A. The Contract Documents which compnse the entire agreement hetween De�eIoper ar�d 43 Cantractor concerning the L�ark consist of the follawing: 44 1. 'I'his Agreemcnt. 45 46 47 48 49 5t7 31 5� 53 54 SS 56 57 S8 59 �D 6� 62 b3 64 bS 6G b7 68 69 �o 7I 72 73 4 5 6. 7. 8, 9. �. Attachments w this Agrcc�ment: a. Sid Farm (As pro�iided hy 17eveinper} ]} Prapasal Fnrm (I7AP Version) 2) }'requalification 5tatement 3} 5tate and Federal docurnents (project s�recifecf b, Insurance ACORI] Farm(s} c. Payrnent Bond (DAP Versian} d. Performance Sond (Uf1P Version) c. Maintenance Bond (DAP Version} f. ?c�wer e�f Attorney for the Bvnds g. Workcr's Compcnsation Af'fida�it h, MF3E andlnr 5BF Cczmmitment Fnrm (lf rcquucd} 3. 5tandard City Gen�ral Conditions of t�e Cvnstructinn Contract for Developer Awarde� Prvjects. Supplernentary Conditions. 5pecificatians speci�icatly made a part of the Contract Doeuu�ents �}� attachme�t or, if nnt attached, as incorpgrater� hy refczcnce and des�rihed in the Tahle of Contents of the Prafect'S Contract Documents. i]rawings. Addenda. Docurnent�tiDrl submitted by Con�actor ptior ta irTDriC� nf �w8rd. The followiag which may be deli�ered or issued af�er the Effecti�e Date of tt�e Agreement and, if issued, �ecome an in�nr�sarated part of the Cantract I]ocurruents: x. Notice to Proceed. b, Field �rders. c. Change Urdcrs. d, iJetter nf Final Acceptan�e, CITY OF FDRT WflRTH CREEICSI27E E57:4TESPiiRS6.3 SPANDARDCONSTRUCT[QNSPECIFICATIOND[]CUl✓SF1TS—DEVELpPF,RAWA1tUEDPROIEC7'S C1TYP�tO.1NO.1dd825 Re�'iscd June ll�, 2S] I 5 OU5243•3 I%CYCIf1j)LL•C iLW Bfdl:� �I[]jL'CI A�Pf�'11'1C�C F'agc 3 oF4 74 Article (. INDEMN�'ICATIDN 75 76 77 78 79 8U S1 82 83 84 $5 8( 87 88 89 94 41 92 43 91l 1.2 C�ntraetar eo�enanis aud agrees ta inaemnify, hald harrnlcss and defend, at its vwn exgense, the city, its vfficers, servants and employees, from and a�ainst any and ail c�aims arising out of, or alleged ta anse out of, the work and semces ta be per%rmed hy the con#ractor, its off'icers, agents, emplopees, suL�nntraetors, licenses ar in�itees under thi�s cantra�t. 'r�is i�demnifcativn nra►�siaA is sneciticalt►� intended tv u erate a�td i�c cffecli�e even if it �s alie ■ed flr roven that ail or sorne af nc�_dama�yes bein� so�yht w�rc caased, en whale or in part, b� anr aci. omission or nc�lieence of the c�tr. This indernnity pravir+ion is intended fa include, without Limitutian, indemnity iar cvsts, egpenses and Ze�aI fees incurred by the city in defending against such claims and causes af aetians, 6.2 Contractar co�enants and a�rees to itidemnify and hol� harmless, at its vwn eapense, t�e ci#y, its officers, ser�ants and emplayee�, frvm and against any and all lu�s, damage or destruetian of prnperty vf the city, ariyi�g nut of, ar �sllcged to arise out of, the wvrk a�d serwices to be performed hy the cantractar, its vfficers, agents, employees� subcoatracYar�, licensees or invitees under this contract. This indemai�cation pro�ision is snecificallti intended ta aueraEc anc! b� effecti�e e�en if it is aue�ed nr �roven that aR_ae svmc a! the da�a�es bein� suu�ht werc caused, in whale or in �ar�, b� an�� act� o�issian ar ne_li=ence af the citti•. 45 Ai-�ele 7.111ISCELLAl�E�LS 9�5 7.1 '�'erms. 93 Terms used in this Agreement are definad in Am�le 1❑f !he Standard Ciry Conditiaus of 98 the Cnnstruction Contract ior Developer �lwarded Projeets. 99 ?,2 Assigtuneot of Contraet. lQ� This Agraement, includin� ali af the Cnntract I)ncuments may not he assigncd by the I01 Contractvr without the advan�ed express written cvnsent of thc De�cloper, 1�2 7.3 103 1Q4 105 Succesaors and Assigns. Dev�loper arid Contraetnr each binds itself, its �aartness, success[►rs, assigns and ]egat repr�esentati�es iv the other party hereto, in respect to all covenants, agreements and ohligatians cnntained in the Contract Docsurlents- �06 ?.4 5everahility. 107 Any prnrrisivn or part of the C,ontract Docurnents held to be unconsritutianal, �oid 8r ]�S unenforccahlc hy a cuurt of campetent jurisdiction sha1l be deemed �tricken, and a�t ]09 remaining prnvisic�ns sha1Z cantinue tn hc valid and binding upon DEVELO�EA and 110 CQIV'i'RACTDR. 111 7.S Cro�eming Law and Venue. 1 G2 This Agreement, including all of th� Contract Dacuments is performahle in the State of lll3 7'exas, Venue sha31 bc Tarrant Counry, Texas, ar the Llnii�d States District Craurt for t�e 1�4 Northern T]istrictof'1'exas,Fart WorthDivisioii. C1TY U�FaRT WORTI-I CREEJCSlDE65TdTESPHAS$3 STANS]ARDCDN57TLti�T[Q;15p7>�IFiCA'Ci<7�lIx]['lfivrh.N'T5 DEVL•1.QpERAWARDFPPR4JECT$ Clf'YPRQT1Y0.10�8T3 xcviserJ ]unc 15, 2016 00 52 43 - 4 D¢vClpper Awardcd Ymjcct Agrrenstnt �' agc 4 of 4 1is Z 1 C 7. t Autharity to 5ign. 117 118 119 i2o 121 122 !23 124 Canu-aotvr sha11 ttttach evidence ❑f autharity ta si� Agreerc�ent, if other than duly autharized si�,►natory of the Contractos. IN WITNFSS WHERF.(7N, I]e�eloper and Contracwr ha�c executed this Agreement in mu�tiple cUunierpatts. This Agreement is vffecti�c as of th� last d�te signed by the Parties {"Effective Date"). Contractor: �e�eloper: -� G�1 VP McCart-Risin er L. P. R � f � � ,���'� _ (.�i �1atu[�) •' {'Si gnature) #��_ �L_ r.■ ■_ w � City15[atel2ip: . 1�'k� �� �I�sr�� 1�t lq Date Title: �en � Titl�: Mana�er Campany Naruc: �� �'�' Cvmpany name: Address: [.#�����i�� �C�) Address: 2111 N CDI1111S, SUIt 3�3 -�a+7 101 i CY��tQ .�' . Z25 VIIR�iam V1l. 5nider [Frinted Nama} �itiyl5r�te�zip: Arlingtan, TX 76D11 �ate f�Ts��2 CITY aF FO RT W{JATH CRF.F.'KSI17F FS'TATh:S PHASF. 3 STr��DARll CON57 x[fCTIqN SPECiF1CATlON DOC[Jh�IVT3— DEVELOPER nWARD"ED PI20IEC7'S CJTYPRa.I N�. 740825 Hcviscxl Iune 7 6, 20l 6 046125-1 CER'fIFICATE dF INSURANCL• Pa�C 1 of 1 1 � 3 4 S 6 7 8 9 IO ll 12 13 14 15 I6 Z7 18 19 20 Z1 2� s��T�o�v oo sz as •CERTIFI�ATF DF INSUR�.NC� a. END dF SECTION �i r�r or NORT wox�x STANi7ARi] CpIVSTRUCTIQV SYECIF1CATiQN L]pL`�]MCN 1'$ Rcvised July 1. 2q 11 CREF'sKS1DE F.ST 1TF.5 PHASE 3 City Prnject No. J0�87S �ond �'o. a2427�� 3 � � � 5 G S E'CTIO:�I !][� b� 13 f'�RPORMA:V�'E F30?�4€] i;Ilf,�i�-3 I'1:Rf i]Ft�1:4�L'�i BCY.tifIJ Psu� 1 ut', THE S�'ATE OF TE�{AS � � I{�4V� Al.L $Y THES� PR�SENTS; CDUNTY {7F T.�RRA�T � 7 Tlzai � e_ Conatser Construction TX, I..F. . I:no�vn as S "�'ritiCi�&I" Iterei�t datd Berkle� tnsurance Cain��ant ___ _, a �Drf7[3r�tfL 9 sur�t��[suretles, it'i�iore ihart one) diifw authari�ed t[� da €�usi�z�;s ;i� the St�f�e Df �fe�as. �:tiat<<u as i� !1 13 i; 1 �# I5 i6 17 `'���rcc}" I}�r�ir� [�ti�hether os�e ar 3nar�}. are he�d and finrF}� hna�nd tintn the De.reloper, f:►iCC.�R'i'-RISIhGER, L.P.}, a�athori�gd to [�a hc�si��ess i�o `F��cas (`���welnper"'} an�i the Cit�� af F[�R 1�'a�ti�. a Te.r-as r��ur�iri�rtl �nr�nratinn {••�it�"';. ir� the penal sum ot: �dine Hundred'I'hirty One `fhausand, :Vine Hundred Ei�hh Faur and 25��00------------------,. f]a!lar� (� 931.984.25 }. lawii�t mo�ie}� o#'the .i��3it� 5tates. it� b� paid in Foi-t Wnrri�. "i'arra,it Cairni�. �Tetas fbr the paym�nx ni' ir�lii�ii sui� wel� and trtil3' tc� be i�iade joint{�- �nta the �evel�per and the C.il� as dual obli�ees. ►�e �i���f o��rse)�es_ ��r }zeirs. e�eci�rors, aditli��istr��ors. ��iccessars �»d �ssia�ls, jnintf� at�d sev�rull�°. iirinly �}• tlzese p�sents. ! 8 1�'[�EREA�;, De��elaper �E�d Cit. Ita��e ent�rec.l ;nta an A�ree�nent �ar t�e cnnstructiQn c�t� f9 �[}El1II1L1[lli� fscilities iEt t€�e City' af' For[ ��'orth %�• a�lci ihr�u�*h a Comrnil���t�� 3�aciiitieS 30 �I�;reement. CFA �itinber CFA2D-002t:and 3i 4�HEREAS. #he �'rincipal h�s enter�d intp a cc�tain tl�ritt�n ��ntraet ���itll �Pie []ev�Ici�er at�°arded _'? the 1$fh da� c,t Janua►1' .'D�� .�ti�f�i�l� Co��trxct is herebr• ref�rred ta and made a �� part herenf'f'or ali purpc�ses �s i#' fi��l�� se� Iorth he�'eiFz. ia f�u•ni4h all materiaPs, �qviprnent la}�or 2� and ai�ter ac�esscari�5 s�rl�ned by taw. in il�e prc�se[:utican crf fhe Wt�rk. iric Eudir�� �lri�� C�I�nge '� Qrd�rs, as pravided for in said Contract desi�nated a.s CNEEi{SID� Z;STATE.S PHA�SE 3. �'G N01i�, THERC�DRE, the condifi�n aithi5 oi�li�ati�z� is suc�r that if ti�� sai� �'rinci�ai '7 s�al1 #'aithtul lt� perfarin at a�sliga.ti�ns r�nder the Ca�ttract and shall i�� aiI respects d��lt� �nd 28 taithfuf�v per#bn� t��e l�Jark. inclu�in� Chan�e Or�ers. und�r t��� C�sntra�t. accorciin� tp il�e plans. ?9 s�s��i#icati[�ns_ ar�d coniract da�u��ents therein referr�d w, aiid as ��•eIi during af��� periud nt ZU e�'t�nsinn of�the Cn�itract t�at �ra�• [ae �ra�ited an the part nf the U��eln�s�r andl�r Cit}•. tHen this 3f ni��i�a�ion sl7all be and becvn3E n�li and voi�, �il�e3-���ise to reE�iaii� i:� f�i{1 force and e�iiGi. t��-�� caE� [ ��t r���tsu rE � �'►rt't:,�.ur.�F �ta�i, ti I'ff,1S'F i �'! .� � I7 n K i7 C 31 Y L' S?ti SJ I'f 1 S 7T14 w[]1,i1 l;t .C7i'L• R i1 W: LKl74s U H!i[.7t� f�t'1:�3 (."11'Y !'lil1J '11J. IIN►k_' 1 H��iScrI.lsnu3n 3i.?i�!� [K}h� IZ.: I'1.RI f �Itt'ir1�i{'1: f3(]tf? 1�;�� ? �,k'= ! PROVii`lED FURTH�R, tli�it i� �r�� ]e�ai action he filed an ihi5 I3nnd, r�enue sls�li lie irt � Tclf'1'aTli COUi}il'. T�13S [31' IISE' I�Ri��� �L�CL'S D15tr3Ct Court tor the �forthern I�istri�t of "I'exas. Fort + Worth I3ivisian. � � b 7 � i� �� 1! i? �; ia j5 !6 I7 1$ t9 ?U 7j 23 �; �,� ?4 7�j �� ,$ �g ;0 �I ;� � a.� 34 35 3f► 37 7g 39 �� =� 1 �� #3 �4 �i �G •�7 I'his bni�d is m<ide and eaecat�d in �o��pliartce �.•itit the �rou�sinns c�I'C'Ita�ier 2�53 nf'the 'Itx�iS Gc�r�m�neiit Cude. as arr�eijded, and 2�11 liahiliti�s on this E�vnsi shaa) he detennined ��i acc�ardan�r �4�ith the pra�-isians at'said sr�t�ie. 3�L' W1T�'ESS R'Mx�R�UF; tl�� Pri�cipaf �ndtiie Suret� fla,ve S1GN�D at�d S�,AL�D this ins�r�uncrtt �,�� duly autE,ari�ed a�enfis and a#�icers oi� tfiis tli� _ 98th ___da� ot Jarruary . �{� 22 , �Ri'�Cf �'�1 L: Conatser Construction T'�, L.P. s��: ,��% • 5iena«�r�� s�7`['ES'f- � {Priil�i}�a!] 5ecr - . IIrock Hu��ins, Presidcrlt ;�atne �ild Title f�ddress. 5327 V4�icFiita St. Ft. Wrn'tY�. TX 7b I 19 �C�t�.�� �.��-�� 11'itn�ss asto Frincip�� � • ifrlc5s RS tp �ur�t}� 5l� R F"T�': Berklev Insurance Cbrn��am $1': ��-�s.� �.� 5 � �n atisre Rob�i l�furales, A�t:�me} -in-faat � a��e and -f itl e ,�ddress: 5eD5 L�7 Preeway, 5uite 1500 --�Ua11as��X_�.��4� `I"e�ephnne �umhcr: 21419$4-OUOQ *Nate: lfsi�F��d b�� �n t�ificrr af#he Suret�� �arnpan�, tf�cre rr��st b� t�n file a cerfiticr� extra�i lrom ti7e �.�-]�r�s s1�o�i�in� that this ��n�r� hAs a�rtlinrit� tU si�n suclr obli�ation, 1�' Suret�'s p%ti�siczl ttddress is a;#i'erent tro�n iis xnai�in�: ac�dress, hcath musi bc provided. �1�h2 d�tte Uf tl�e bQnd sl�af[ not 6e prinr ta the datG the Cpntra�t is ati� arded, Ci'i'S` t YF' }'i}R'1' k(}H"1�} E C l2F.F.R',5f1)7: F:4: t 7fr,�' f'!I.l.ti�:"? ti{;�?�17�A}L[ ] C'f i l' C i}1 l)i'1 !t 1'.titi — t]I: VL I.(11't:It ,ti1W�llt�il� l] 1�Itc i.i1-C'! 4 ['1? y` I��t!].f 1'r�. � �r�y.Y' S Rr�is�xl Junu�n� +f.'rl3? Band Vo. 0242724 IH3�i? i�- 1 I':11''�'!f ;�T 13L3\ 1.5 {'se� ] ��P, 1 � � 3 4 � G 7 8 9 �a lE lM 1? 1-1 1� IG ll i'I�IE :STATE �F TEXAS CULlNTY �R T�IRHA�"17' SECTiC]Tti �D b� l � �AYM�N7 BC)'VL) � � [{�(3W ALL BI' THFSE PR�SF�'�1'S: � t i��tt �ve. _ C�natser C;nnstructian TY, L.P. , Iu��L�.� as ..Arirrcipal" liet'ei�i, and Beri�ley Insurance Compariy a cvrpvr�tt sure[t' � or s�Ereties i1' ,�lar� than aitea. de�i�� a�zthQrized ta d� h«siness in the State u1' Teras. k�awn �s "S��ret��.. �erein ��til��thcr one or �nare�. are hefd a�td frrm�� haun� ur,Eo the D�ve�vper. (iL'ICCAR"T-NiSi?�i[�C.H, L.P.}_ at�tEiarized ta do bt�siness ir� 'I'e�as "(D��elaper`}. dnc� th� CEtE oi� F'ort ��orth. a T�xxs ani�nicipal corpoe�fio�� (..Cif�,]. in tl�� penal sti�rn �ine Hundre� "1'hiri� Uno Thousand. o� ltiine Hundred �i��hi� Fnur and 251IUC1-------------------- Dall�irs ($ 93 i,984.25 �, law�'ul mone�• c�t' t�ie United States, tv tre paid in f�qri Vi'orth. Tatrant Cotrntw. T�xas, for tl�e �aa�meiat o!' ��hich sum a��ll �nd trul�� he inade jpintl► uy�tc� tl3z �e�elnper and the Cit}• as dual abli�e�s, 44t bi��d aurseltiLs, our k�eirs, ererutnrs, adn�inistrs�tnrs. s«c�essnrs and assi�i3s..jnintf�. and se�•era I I ti�, t�r�n Ey �y [>> rse �resen ls: I8 1�VHEFi�AS, D��e�op�rar►d Cit}' liave e��tere.•d i��to �tt A�,reement far�lle constr�ictian of I� co�nn�unit�� faeiiit3c:s i�i tl3� C�t�� of �nrt 1�'n�th. b�� ar�d throu�l� a Cast�i�iunit� Fac�I.�ties ?[i A�reement. CFA Iv�imb�r CFA2U-0(}Z�:ai�d '1 WHFREAS. �'rirtci�al has eni�red irito � certai�� �a�ritten Cantr�ct ;t�il� Deve[op�r. ;? a«arded tl�e 18fh da.- s�#� _ January .�(] 22 . whirh Contract is Eiereb�� 23 t�Ferre�l tt) and ���ad�: a part lirreaf for all piirp�5es as if tu11� sct fppth hcrein. to f'urnish alJ "� matcria��. eqt�i�rner�#. ��hcrr and c,t�er access�►r�es as det�ned b�� �au. in the pr��ec�rtiqn at' tli� �".� Warl► as pmvided fc�r in sai� Contract and ciesigriared a5 CREE![SID�'EST,� T,E'S P�I�ISE3, 2G i�IUW, TH�REF4$F, THE C�NDITiQ�f O�� T"HIS DE3i.1GA�I4N i� surh tl�at i!' }7 RriE3cipay shall pa}r aEl iriUrii25 ot��ii1� t0 ai1y� �3,t1(� 8ll) pati�ment �a[�� i7�rl�1lC13lry {as definec� in ?8 Cliapter ??53 nflhz `Ie:�aS G[��rernittent Gode. �s atner�dedj in t}te pr��scGutian qf�khe War[i tai�del' 39 the C€ii�tra�t. then ihis obii�ation sl�a1� be and be�om� mdl and tiaid: nthenris� t{� rernai�� �3i �tGll a0 f'nrce snd efi�ct. ��«� rs� r��Rr���c3��r}3 �"'R�'!i'A;»�ar,r:.��:a��:5r�iiru�� ti'1,1 ti i7.�1R�) t'1 ['�" C U11N�'l[?'+i ti- I7F.�`t.i.[}P�:R r'li�'ARi]T:I) PRtiJI�:C i"ti r ir F��fK.v.t�ta. ln+��3 Hz�iisc�l .i�n�an 3 [. =d}12 fkih� 13_ � Iyo�1��1L^V f E3t1��) 1'a•+< < iiP � ] �"hi� �nd is i��ade e�3�cl excc��ted in camp]ianre �+itii tl� prcr�isipr�s afClta�t�r �?5� crfth� ? �fr�as Gn�erni�zcnt Cad�:. as afnended. ��d ali liahii:ci�s on t13is boizd sl�a�! be deterEnined in 3 8�C41'��i11cC we lt� T}lE �}1'oVi51QT15 ni SaiC� Statutc. � i:� WITN�SS V�VHF�REOF, the Prii��i�al an�t 5urety� l�a�•e eac1� SIG�;`�❑ and SL;Ai..CD � tFiis insirum�r�t b� c�u�� a�iti�nri�et� a�ents and ot�f[cers an tiiis tl�e 98th da�• ai' G Janraary . ?U 22 . 7 PRI�ClP,-�f�: C�natser Constructivn `1 X, L,F, � {Pr,3icipal� Secr� �►TTF.ST: �� � Wetness as to Principal R ati�. � i�:natur� � Brock I--Iu�=_�ins_ Yresidcnt ___ \ar��� and Title Addt-ess: Sa�71�Tv'ichlta 5i, �.�adh�T���G.11� 5C:'REIi': Berk�ey_Insurancc Corn�n}. �TT �:ST: � L (5ur�ty) Secretary ��� ness �s tn S�Ertyty- � 9 i4 1k I2 l3 1 �l B�':�fi�i,c�_� ��p-�,��c.� � i �3] i3E LI FC R�hhi 4loraies. Attorne� -in-fact '1�fli� aflc� 3'irle - _......_ r�c3dress: 5Q05 Y�BJ Freewa4•. Suite ] 50i7 Dallas.�'1� 75244 . 'Eeiephor�e'�u�n6er: Z14.�989-�ODO '�ote: fFsi�r�ed b� an ntTieer at�tl�e Suret�. there mu5t bG an tile a scrtified extract f'r�im the L�����rrs sfzcztit in� th�t this parson }sas authoritti� rc5 si�n such obligation. lf Surei}''s �l�ysica# address is dit}crcnY t'r�n jis mai�i3i�; ad�ress. both must be prn��ided. Thc date �aFtl�c band Shall «nt b� prior tu the datc the Cui�tract is a4�arded. Eh'D �F SF:CTI[]�I C�I31'[]� f'{]it"I lt[}K�lI {7{��,'�,jlUI.�I.;il;f7f:,SI'l1_i.5fi3 ti!,'1�1):II�I7t'! 11' C'C1�1?I�f[{]� +-- f7F.VFi.C]ViiRAl7�ARD�ii] {�R[]il'•:d'iti C'17'}'f']�t.�! 1'C)_ 1�+11.Y?S iLty �u�l .lunuan i I. 3fJ 1.�, Band No.fl2427?4 ! h _, 3 i � 7 R 9 ! t] �r S�CTIU� 4!U G2 19 n���r�r��t����� �a�n cxs h � i �a - s 41r1[ti'I'1:ti;�;�ECf: i3i,��1.] f'uge I uf'! THF. �Tr�TE UF TFXAS � § KN(l�� AL� BY TH�S� PRF,4F�iTSc cov�Tv oF r��z€�,��T � ��hat �t e Cnnatser Constructivn'['�C, L,P. , kna►�n as "�ri�ir:i�aE" l�creiii �nd �3crkle� Insuranee Cnmpan�� _ _ , � caTpot'at� sutety' (;�7reri�5. �I���iUi'e Chan one} c�q1�� authnri7c[i to d�7 htt5ltl�ss 1n tlle STate of Te�f;S, knr�tvn � "Surert°" l�erei�� � �� hetherone orrnor�y. are i�eld and fin��iF bdund untn th� �e��lap�r, [?1'�CC�ItT-RISI?4G�R. L.P.}, auchorized to da husiness in �'e�as {��Qe��e€nper"'j and tl�� C;ity rit 1� Fnrt 17dnrtli_ �-i���a� �n��nici�a! �urpnratinn {,.Cit��•}. in the sttm Nine ��undred Thirty Q�,e 1'}lausand, !3 b�_l�iinP_Hi?ud ri F��h(3, Fn�fr �ncl ��' ------------ Ut]ll�t'S {� 931�9$4.25 j. i� lati l`ul 3��n7�e�� nf�the Llnite[� Stal�s. ta be paic� in �ort Vl�orth. Tarrant Cvur�t�F. 'Te4�s, For pa►rnent i5 of uhich stim «ell and tru�y b� ma�e jointls i�s3t�� the IJe��eloperar�d lhe �i#� as dual ot�li�ees and fG �7 lR I4 a� �i �� their su�cessnrs. �=e bii�d ourselyes. aur i�eirs, execui[�rs. adi��i�iistrat�3r�, succcssors and assi�ns. �oirn�.� and se��rall;�. firi�ly b► these presents. 4VHER�'AS, C]eveloper ��nd Cit� 1����e enrerec� into ayt A�;�ement tor tlte col�strtt�l�on c�f �c��r�muniit� fa�€lities ir� tlte Cit}� af Fort Wortl� b�• and ihi-�u�� � Con�rnunit�' Faeiiit�t`�; �+gree��tent, CF'A lwiimber �Z(�[10�l:and V►°HFR�'AS, the PririLipal l�as en#ered ii�tQ a c�rtain taritir�[ iQniract �j�itff the £7r�etoper ?3 ��'ard�d t}ie_ 'J8th_ cfa�- nf� Januar �. �d 22 . ti,�hiclj C«r�;ra�t i5 '_'�1 I�er�i�y referrec� to and � �7�ac�e part hereaftar all purposes as it'fullr' set f�rth here�n. to turnish �11 ?S matzriads, equipment latror anc� vther accessaries as detinad 6+� 1�W, i�i t#i�: prvseCution n�'thc �6 Wnrl;, ineluding any Vdar#c resultin� from a du1�� authari�ed Clian�e ()rdzr (�al I�ct�� e�t• ��erei��. _'7 �l�e "�ar�"1 as prn�ided For in said Cnntract and desi�na#ed as CR�`E1f5IDE ESTATE�i PHA.S"L' �g �q 3❑ ;' _� 3? 33 :3.�. 3: ar�d Vb'FIFREAS. Aroncipal bir,ds i#seifto use s�i�h inateriaRs and ia sa con�tru�t tiie Vv"qrk iat accc�rdance ��ith the plai�s. speci#icati4ns and Contract D�cumz�ts that tt�r 4i'ark is and �+�-iii remain f'ree f'rta�n defects in materiais or Korkntia��ship tor and during the �erind c�f t►ro �Z) ��exrs after the date of Ftnal Acce�tance oft��e l�Fark by 2he Cit�� (:.1�4air,tenancc P�riod"j; and �'f71' t}f I{7Et�l l�'CYKf'1[ ['H1:Fh;�7f.JF F.S'?' I'l1:.5" f'lf t.17: 3 S'!"htil7;�ki7 Cil'!' C'�)�l]lT'I(�3�E5 —f}F:V1:Li}I�3��t���b'AREIE:L] PR[11FiL"f5 ��i� rlrr��.�r�. ;r���,t�; R�ti i5�ci fdni3:�r► 31. ��ll? . r3c� h� ��- � ki�l] ti'1'1,4A tiCli 13i]?t!3 E'���.: 2 uF' 3 � VL'HEREAS. Prineipal 6inds itseff ta re�ir ar reconstruc# the `Jl�ark in �� h�le nr irt part '� uprsn �•���Er�ing notice frv�n tlie de�e�c�per ancllor Ci[�� ot thN r�eed tliereot'at ar�p tir7ie �� ithir� tli�: � ti4�int�n��ssce ��r's�d. � 5 I�[Di� THER�FORE. ihe c�ttdiYion ❑f #hiS qh! i�atinn i� s«clt that i#' �rin�ipa� s}3afl f► rc3t��d� an;� d�fectE�e V4�ork. tor ��•lti�� tiinel, notic� was prn�ided b} De����oper�rCic�. sa a � c�rr�p�arion satistactvr}� to the Cir4•. rherr rhis abl;gat�n�� sl�ali become nufl und ►•oid; od3envise ta � ren�sin in t'uil fnrc� �4id �fiect. 9 iD �RUVIDEll, HQWEt'ER, i f P�in��pal slsa�l fail so ta repair or re�onstr�rct any timelv 11 jinticed c�efectiv� l�'or�, it is a�reed i13�i th� �eveloper �r �i#y ma�• ca�ise �ny a�td atl such i? defective �'V'cyrk tn h� repai��d t�ndlpr reconstruetid ►t�ith a)1 assaci�ted casts tHerec�#'beiF�� bvrne 1+ h3 the Rrirtcipal and tl�e Sur�tr• a�nder this Maintenan�e Bond; and t �# li PRaVIllFD �iJRT��IER, chat �i'�n1� l:.��a! c�Gticjn be �i�ecf on this Bon�, �-e��ueshall lie itt I G '1'arrant Ct�Wztt��. "C��as car#he l���il�� �tates �3isEric.�E Cuurt for the ;�'�ar[heni I3ist�•ict ��f Texas, I"arl }7 Worth Diuision_a�id 18 l9 PRQViI]El7 �'L'RTH�R, that tliis c�hli�tion 5��fi be cc�ntiituc�us in nacure a�tii ZU sucee�sive recor,°eries mai be I�ad Et�re�n f�r surce�si�e �reac[zes. 21 Cl'l'Y'()F!{F13� il-�]�fE[ f'RI:F_'R'.S'lr�f:L•:S'i.t7fi�S?'11:1.�'E:3 S�'A?�!f):iR17{'II5'Cf74f)1�']{}�5--[]k:l�l:.L(7P�1�e111'1Hli! f]YfZCiJf:C'i4 C"ITY NItCJJ 111. !�'1J.4'3 IZ.414Cd 1a11ua!} 31 _ ?il f � 4[ih? !�1_? L1.A I ti i'I=�;1 tiCt: I3�?�iC7 1'agr 3 nt'3 0 � ; � � 6 7 8 9 i0 II 13 i3 I� i� I fi I7 !$ I �l �U �} 71 ?3 �� �r� �fi �7 �8 � �� :�o �� 3'� �4 i5 aG �7 :$ 39 �� �11 �? I�I 1�'�T:�E�54 V4�H�REO�`, tlte f'ri3��ipal anc� tlti� SEirety fia� e earfi 5i�GA'�U a�xd SE�1i..ED lhis in;tr�rn�nt �w d��ll aut���i-i�ed a��.tits a�d o!f icers Q3i t��is the 9$th c����� �yt Jar�uary , �� 2� �1TT�Si: ���e,,�, �� (Prinei�al) Secretary�a _,.��.L�E� }�,��-�C�... 1�4'itn�ssasto Princi�al ,�'1-C'I:ST: F �� (�ureFy Set:ret'drrP .� _ � � l ��55 aS L� �urei� PRitiC'1P,iL: Conatticr Canstruction ] X, L.P. ti E3Y. Si�nature Srnck Hu gins�l'residenl lam� and f-itl� :�ddress: 5327 Wichita 5t. ��:or1.h,�:�..7�_ .. . . S!i RETY: F3erktey lnsurance C:�jmpa�y 01' �vC.r_. Sier�ature � l�ob�i Mnrales, .�Litatnc; -irl-fact _�. :�a���e and -['i[iz ����•�ss: SU05 LS7 Freewa,. 5uite 1540 Dailas. `T'� 75244 i elepiic�ne �u���ber; 2 i 4.�y 89-DO�a "'tinEe: 1 t si��ied b� an atticez° nt'rhe 5�rec�° C'nmpam _ fl�ere �nust he nn ttl� a C�rCi}ied f:�tract tron� �hz �7�'-Iil�4'4 SFIOti� 1I7� Llltii 1I735 �JCfSqil has at:thnrity r�� .a��rt su�h nbli�,ati�n. dt� S�irri��'s ph}sica! �ddress is difte:ent fra�n i[s mailin� addr�ss. bnih nitist be provi�ed, The dateof ih� br�iul sl�ali nqt be �rior;q the d�tr the finntr�t is a�rardcd. t'II-7 t)�� 1�{?�tJ il[llt"IiI S" E;! EV i7�t ii15 C]'f 1' i" �.1ti !?f'I fi 1ti 7—[)i.= V L•'Ll1Pl _k q1A A R I]�:1) E'ILl Jl €`i '! 4 Etc'� �t,tid J�nuarti• ��_'iH? f'►tF_r•.d'.�r7]L F'�; . r'r �_` f•if, i,�Yi = ('[7i f'13CJ.1171. l�Jf].S'"� PC?�VF.R O£ _'LT I'a[t.1'�Y 13[�:HKLEY I�ISi:FtA�C'�' Cpl�iP�11�Y 4VlLl�tl�ft;TON. I)H1.AWARE ��o. SI-728Dj-el Ni7T.ICE: The warning found elsewhere in this Power a i' �ittorney affects th� �alidity thereof. Please review carefuIly. KNOV� ALL 1VI}':Tv �3Y TFI�SE PRESL�'NTS, that $FiZKL�.Y I�iStTfL:1�IC:F�. t:Dh�PAVY (tlte "Company'°}, a corporaEiun duly argani�ed and existing undzr t,he lau°s of the 5tntc of'Delaware, havin� ifs princi�al nff ce in Cireenu�ich, CT, has madc, constituted and appninted, �xnd does hy tf�ese prescnts make, �onstitute and appUint: RtCardn ,I. I��}:nu; �on F Corne�l; .5'opltinie Ilurttet; Ro6di llfornles; lielly rd. �Y'esthrouk; Tinn :YIC'EW[Lil� Jasle�su A. Sarrr�rlers; or TQnie !'eFr�rnek Uf Aa� Ri.�k .Service.s Sauflewest, In� af Drella.c, ?:� its true and lawful Attorr�ey-in-��act, to 3i�n iis izame as Sui'ety orily ��s delincatcd helnw and to exeeute, seal, acicrtowIedge ant! deliver any and ai1 bonds and undcrtakinas, with the exceptian of � Tnancial Guaranty ]nsurai��e, providin� that no single Ubli�;ation shall cxc;eed Fifty 11'fillinn and O�I�UU l;.S. �ollars (i].S.�SQ,UUU,UUO.[lU}, to thc same extent as if suCh bnnds had heen duly executed �nd acknaw�edged by the regularly elected off ccrs of the Cnrnpany at its prit�cipa] ❑f�f"rcc in their aw•n proper persons. `l his Power o(' Attorney shall be �Unstrued and en�orced in accvrdance with, and �overned by, lhi laws of the St3te of []ela►��arc, titrithout �i�in� effect to the principles of canfli�is ��f laws Eherenf'. i'his PawGr c�f Attorney is gl•anted pursuar�t to the followin� resol�iLiUns urhich sverz d�ly �tnd ��alidly adnptcd at � meeiing of the Soard nFilirectors of thc Cnmp�ny hela on Jant�ary 25, 241 Q; 1��SQLVED, that, with respcct fo the 5urety husiness �vritlen hy Rerki.ey 5urety, thc C;hairman oi the F3nard, C�hief Execiiti�e �ff'i�er, PresidenE or any W'i�e Prisident nf thz C;ompariy, in �onjunc�inn with the 5ecrctary �r xny Assistant Secx•etuy ar� herehy auihori�ed to execute pawcrs nf attorncy authnri7ing and qualifying ihe attUrneJ�-in-f�ct named therein to execute 6onds, undcrtakings, recagnic��ri�;,s, or othcr suretyship obli�atinns �n behalf of the Cc�mpany, and to anix the corporafc seal of the Cninpany to p��r�•ers nf attornew executed �ursuant hereta; xrtd saiti nf�F[cer5 rnay rernotie any suGh. attorney-in-fact af�d re�oke any po��er of' attnrney previously �;rantcd; and furtFier RE50Lw'ED, that suc.h J�n«er of'attorncy linlits the aets of thuse namcd thcrein to the b�nds, undcrtakings, recognizances, Or other suretyship obligatinns spccitically �arned thercin, and they ha�e na authority to binc! the Campany except in lhe mariner and ro nc� extent �herein stated; and furthcr Ix�Si]LVED; tli�t such pu��cr of attnrney revol�es all previauS ppwers issued an hehalf of the attorney-in-f�ct named; and fiarther RESOI.�rFD, that the signaturc of any authnri�ed of�i��r and the ;eal of tne ��.�mpany may be affuxed by facsirnile to any pawer of attarne,� ❑r certificatian thereof autlzoriaing the executian aild de]i��ery of any bond, undertaking, reoognizance, ar nihcr suretyship ohligaiinn o'Fthe Company�; attd sl�ch si�nalure and s2al whcn sn used shall hs�c the same force and zt[�ect as thnugh manuZlly afiixcd. The C:oLnpany rnay carninue tn use for t�ie purposes herein sfatcc! #he facsimile signaLurc ❑f� any person c�r p�rsons whn shall ha�c b�::n such officer or of�icer; oC�hc Cnmpany, not�vithstandingthe faet that they rr�ay have ceased to iae such at tlic tirnc ����ien suGh inserun�cnts s�al] be issued. IAi WITNESS WFIEREOF, �a Cannpaxcy kas cansed theso presents to.3� si�c� and attestut �y i�s appropuriat� a$`ice�s and ats Cdtpfltate SCal71GIGL�Eli4 ��iCd i�7s 2nd d�}f 4f June —l2Q�� . �*�sutza�,v� Attest � $er�cI v Tas�uar�ce �Dmpatc�y e �4 `�c�r`" �3 'i � f r � �. 5°��::��. ; � y BY !. �.,, . �. m. .� ! L e de�m�t J �j. � s��s . - �r.avm��' F.�tecut�ve Vicc Preside�lt & SecrGtary � s e'residcaf ,. � � aTATE U�' CQNNEC�CiIT ) } ss: Ci]"E]NTY OF FAJRFi�LL� } 5wom ta hefara rrie, a Notary P��lic ia the 5tate nf C�nne�c�rt, f3�is 2nd day ❑f JUne , 2Q2o ,�ry Ira 5. I.tderman and Je�z�y M. �a�� �x�o art sworu to me tn be fhe Executive Vice Presiden ��3 5ccas�ary, and T=•• Seninr [tice Presidec►i, respact�velyj O�B�'�CIG� TIISLIIiIIIGG G'dD]�SdA�'• �`�T RY�A �FG�� /'.%�-�����- #r►' ca� ii �� � �- b'taz�yPub�ic, 5tate o�F Cora�ecti�t CERTIF�CAxE I, thc undersi�d, Assastanf 5ecretaiy of 31G:u� Fty itr'S�R,�NCE C�1�P.AN�, D� HERE�Y CERTiFY tha� ihc foregoing is a fru�, co;xcct and cnmglctc copy of the ari�nal P�wer of A#torneY, that said P4wCz Df AT�4�Fl�y tlas nof beGn z'e�aket3 pr i�esCiz�d a�.a :::�N .r aitt�ibritys ri� t�e Arl4m�y�i.n-Fact �e# fprt� tbra-cm, who executed th� bon�3 a� undrx�aking ta which t�is Power af ; `����che� is i� full force and e$eei as of fisis clai:e. � � '� ixt�; �,., r�� my h�.nd and seax nf �e Cc�mpany, this day of x . � �N::�I, � Y - - m � .�� °£in��� V�m�cn# P. Fartc 1MP�RTANT NQTE�E To abtain informa#ion ❑r make a cflmplaint; Y�u r�tay ca�i 8er�t�ey Surety Grae�p, LLC and i#s a�fi�iat�s by #el�phane fvr infarmatian or ta make a carnplaint: BERKLEY �Ui�ETY �RDU�P, LiC Please se�d ali n�tfC�S p� Ciai�xl Dh this hond to: B�rkley Surety Gr�up� LL� [8��) 7�8-35�4 412 �Vlaunt i[em�l� Av�nue, 5uite 31f�N �Q1'3"ISt�W11, N,� ��9�7� Attn. Sur�ty Clairns ❑�partme�t Yvu rnay cvntact the T�xas Departrnent of insu�r�r�ce iv vbtain in�armatinh on compani�s, coverages, rights or camp)�ints at: '� -S#��-25�-3439 You may write the Texas Departmer+t Qf Insuranc�: P. D, Bvx 9�4�91 a4 Austin, TX 78T��-9�[44 Fax: (5?�� 475-7�7'� Vli�b: htt :Ilwww.#di.state,tx.�as E-mail: �on�urnerPro#ecti4n tdi.s#ate.tx.us PREM�U�N OR CL�1{�VI QiSPIJTES: Should you have a dis�ute �oncer�in� your premium or about a c#�im yau �hould �anta�t yaur ag�r�t �r Berki�y Surety Group, LLC first. 1� #he dispute is nvt resal�ed, yvu may cantact t�� Texas pepartment of fnsuran�e. ATTA�H �`#��S NQ�ICE T4 Y[3UR 9�E�p: This na�ic� is �or �nfarmat�vn on�y �rrd does nof became a part or conditi�r� af the a#tached dvcum�nt and is given t� c�rrrply ►nr�th Texas [egai and �re�uta#nry r�quiremen��. 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 CREEKSIDE ESTATES PHASE CITY PROJECT NO. B2010078.030 100825 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  CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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  CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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  CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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; CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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- CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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: CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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: CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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 CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 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. CREEKSIDE ESTATES PHASE 3 CITY PROJECT NO. B2010078.030 100825 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised August 30, 2013 a. Or-equals are unavailable due to strike, discontinued production of products 1 meeting specified requirements, or other factors beyond control of Contractor; 2 or, 3 b. Contractor proposes a cost and/or time reduction incentive to the City. 4 1.5 SUBMITTALS 5 A. See Request for Substitution Form (attached) 6 B. Procedure for Requesting Substitution 7 1. Substitution shall be considered only: 8 a. After award of Contract 9 b. Under the conditions stated herein 10 2. Submit 3 copies of each written request for substitution, including: 11 a. Documentation 12 1) Complete data substantiating compliance of proposed substitution with 13 Contract Documents 14 2) Data relating to changes in construction schedule, when a reduction is 15 proposed 16 3) Data relating to changes in cost 17 b. For products 18 1) Product identification 19 a) Manufacturer's name 20 b) Telephone number and representative contact name 21 c) Specification Section or Drawing reference of originally specified 22 product, including discrete name or tag number assigned to original 23 product in the Contract Documents 24 2) Manufacturer's literature clearly marked to show compliance of proposed 25 product with Contract Documents 26 3) Itemized comparison of original and proposed product addressing product 27 characteristics including, but not necessarily limited to: 28 a) Size 29 b) Composition or materials of construction 30 c) Weight 31 d) Electrical or mechanical requirements 32 4) Product experience 33 a) Location of past projects utilizing product 34 b) Name and telephone number of persons associated with referenced 35 projects knowledgeable concerning proposed product 36 c) Available field data and reports associated with proposed product 37 5) Samples 38 a) Provide at request of City. 39 b) Samples become the property of the City. 40 c. For construction methods: 41 1) Detailed description of proposed method 42 2) Illustration drawings 43 C. Approval or Rejection 44 1. Written approval or rejection of substitution given by the City 45 100825 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised August 30, 2013 2. City reserves the right to require proposed product to comply with color and pattern 1 of specified product if necessary to secure design intent. 2 3. In the event the substitution is approved, if a reduction in cost or time results, it will 3 be documented by Change Order. 4 4. Substitution will be rejected if: 5 a. Submittal is not through the Contractor with his stamp of approval 6 b. Request is not made in accordance with this Specification Section 7 c. In the Developer’s opinion, acceptance will require substantial revision of the 8 original design 9 d. In the City’s or Developer’s opinion, substitution will not perform adequately 10 the function consistent with the design intent 11 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 12 1.7 CLOSEOUT SUBMITTALS [NOT USED] 13 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 14 1.9 QUALITY ASSURANCE 15 A. In making request for substitution or in using an approved product, the Contractor 16 represents that the Contractor: 17 1. Has investigated proposed product, and has determined that it is adequate or 18 superior in all respects to that specified, and that it will perform function for which it 19 is intended 20 2. Will provide same guarantee for substitute item as for product specified 21 3. Will coordinate installation of accepted substitution into Work, to include building 22 modifications if necessary, making such changes as may be required for Work to be 23 complete in all respects 24 4. Waives all claims for additional costs related to substitution which subsequently 25 arise 26 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 27 1.11 FIELD [SITE] CONDITIONS [NOT USED] 28 1.12 WARRANTY [NOT USED] 29 PART 2 - PRODUCTS [NOT USED] 30 PART 3 - EXECUTION [NOT USED] 31 END OF SECTION 32 33 Revision Log DATE NAME SUMMARY OF CHANGE 100825 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised August 30, 2013 1 100825 01 25 00 - 5 DAP SUBSTITUTION PROCEDURES Page 5 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 31 20 - 1 DAP PROJECT MEETINGS Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 SECTION 01 31 20 1 PROJECT MEETINGS 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations 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 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 100825 01 31 20 - 2 DAP PROJECT MEETINGS Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 a. Location of meeting to be determined by the City. 1 3. Attendees 2 a. Contractor 3 b. Project Representative 4 c. Other City representatives 5 4. Meeting Schedule 6 a. In general, the neighborhood meeting will occur within the 2 weeks following 7 the pre-construction conference. 8 b. In no case will construction be allowed to begin until this meeting is held. 9 C. Progress Meetings 10 1. Formal project coordination meetings will be held periodically. Meetings will be 11 scheduled and administered by Project Representative. 12 2. Additional progress meetings to discuss specific topics will be conducted on an as-13 needed basis. Such additional meetings shall include, but not be limited to: 14 a. Coordinating shutdowns 15 b. Installation of piping and equipment 16 c. Coordination between other construction projects 17 d. Resolution of construction issues 18 e. Equipment approval 19 3. The Project Representative will preside at progress meetings, prepare the notes of 20 the meeting and distribute copies of the same to all participants who so request by 21 fully completing the attendance form to be circulated at the beginning of each 22 meeting. 23 4. Attendance shall include: 24 a. Contractor's project manager 25 b. Contractor's superintendent 26 c. Any subcontractor or supplier representatives whom the Contractor may desire 27 to invite or the City may request 28 d. Engineer's representatives 29 e. City’s representatives 30 f. Others, as requested by the Project Representative 31 5. Preliminary Agenda may include: 32 a. Review of Work progress since previous meeting 33 b. Field observations, problems, conflicts 34 c. Items which impede construction schedule 35 d. Review of off-site fabrication, delivery schedules 36 e. Review of construction interfacing and sequencing requirements with other 37 construction contracts 38 f. Corrective measures and procedures to regain projected schedule 39 g. Revisions to construction schedule 40 h. Progress, schedule, during succeeding Work period 41 i. Coordination of schedules 42 j. Review submittal schedules 43 k. Maintenance of quality standards 44 l. Pending changes and substitutions 45 m. Review proposed changes for: 46 100825 01 31 20 - 3 DAP PROJECT MEETINGS Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 1) Effect on construction schedule and on completion date 1 2) Effect on other contracts of the Project 2 n. Review Record Documents 3 o. Review monthly pay request 4 p. Review status of Requests for Information 5 6. Meeting Schedule 6 a. Progress meetings will be held periodically as determined by the Project 7 Representative. 8 1) Additional meetings may be held at the request of the: 9 a) City 10 b) Engineer 11 c) Contractor 12 7. Meeting Location 13 a. The City will establish a meeting location. 14 1) To the extent practicable, meetings will be held at the Site. 15 1.5 SUBMITTALS [NOT USED] 16 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 17 1.7 CLOSEOUT SUBMITTALS [NOT USED] 18 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 1.9 QUALITY ASSURANCE [NOT USED] 20 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 21 1.11 FIELD [SITE] CONDITIONS [NOT USED] 22 1.12 WARRANTY [NOT USED] 23 PART 2 - PRODUCTS [NOT USED] 24 PART 3 - EXECUTION [NOT USED] 25 END OF SECTION 26 27 Revision Log DATE NAME SUMMARY OF CHANGE 28 100825 01 32 16 - 1 DAP CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 SECTION 01 32 16 1 CONSTRUCTION PROGRESS SCHEDULE 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General requirements for the preparation, submittal, updating, status reporting and 6 management of the Construction Progress Schedule 7 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 8 Document 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 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES 19 A. Definitions 20 1. Schedule Tiers 21 a. Tier 1 - No schedule submittal required by contract. Small, brief duration 22 projects 23 b. Tier 2 - No schedule submittal required by contract, but will require some 24 milestone dates. Small, brief duration projects 25 c. Tier 3 - Schedule submittal required by contract as described in the 26 Specification and herein. Majority of City projects, including all bond program 27 projects 28 d. Tier 4 - Schedule submittal required by contract as described in the 29 Specification and herein. Large and/or complex projects with long durations 30 1) Examples: large water pump station project and associated pipeline with 31 interconnection to another governmental entity 32 e. Tier 5 - Schedule submittal required by contract as described in the 33 Specification and herein. Large and/or very complex projects with long 34 durations, high public visibility 35 1) Examples might include a water or wastewater treatment plant 36 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 37 as the baseline for measuring progress and departures from the schedule. 38 100825 01 32 16 - 2 DAP CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 3. Progress Schedule - Monthly submittal of a progress schedule documenting 1 progress on the project and any changes anticipated. 2 4. Schedule Narrative - Concise narrative of the schedule including schedule 3 changes, expected delays, key schedule issues, critical path items, etc 4 B. Reference Standards 5 1. City of Fort Worth Schedule Guidance Document 6 1.4 ADMINISTRATIVE REQUIREMENTS 7 A. Baseline Schedule 8 1. General 9 a. Prepare a cost-loaded baseline Schedule using approved software and the 10 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 11 Guidance Document. 12 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 13 understanding of the work to be performed and known issues and constraints 14 related to the schedule. 15 c. Designate an authorized representative (Project Scheduler) responsible for 16 developing and updating the schedule and preparing reports. 17 B. Progress Schedule 18 1. Update the progress Schedule monthly as required in the City of Fort Worth 19 Schedule Guidance Document. 20 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 21 3. Change Orders 22 a. Incorporate approved change orders, resulting in a change of contract time, in 23 the baseline Schedule in accordance with City of Fort Worth Schedule 24 Guidance Document. 25 C. Responsibility for Schedule Compliance 26 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 27 Report that delays to the critical path have resulted and the Contract completion 28 date will not be met, or when so directed by the City, make some or all of the 29 following actions at no additional cost to the City 30 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 31 outlining: 32 1) A written statement of the steps intended to take to remove or arrest the 33 delay to the critical path in the approved schedule 34 2) Increase construction manpower in such quantities and crafts as will 35 substantially eliminate the backlog of work and return current Schedule to 36 meet projected baseline completion dates 37 3) Increase the number of working hours per shift, shifts per day, working 38 days per week, the amount of construction equipment, or any combination 39 of the foregoing, sufficiently to substantially eliminate the backlog of work 40 4) Reschedule activities to achieve maximum practical concurrency of 41 accomplishment of activities, and comply with the revised schedule 42 100825 01 32 16 - 3 DAP CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 2. If no written statement of the steps intended to take is submitted when so requested 1 by the City, the City may direct the Contractor to increase the level of effort in 2 manpower (trades), equipment and work schedule (overtime, weekend and holiday 3 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 4 to the critical path in the approved schedule. 5 a. No additional cost for such work will be considered. 6 D. The Contract completion time will be adjusted only for causes specified in this 7 Contract. 8 a. Requests for an extension of any Contract completion date must be 9 supplemented with the following: 10 1) Furnish justification and supporting evidence as the City may deem 11 necessary to determine whether the requested extension of time is entitled 12 under the provisions of this Contract. 13 a) The City will, after receipt of such justification and supporting 14 evidence, make findings of fact and will advise the Contractor, in 15 writing thereof. 16 2) If the City finds that the requested extension of time is entitled, the City's 17 determination as to the total number of days allowed for the extensions 18 shall be based upon the approved total baseline schedule and on all data 19 relevant to the extension. 20 a) Such data shall be included in the next updating of the Progress 21 schedule. 22 b) Actual delays in activities which, according to the Baseline schedule, 23 do not affect any Contract completion date shown by the critical path in 24 the network will not be the basis for a change therein. 25 2. Submit each request for change in Contract completion date to the City within 30 26 days after the beginning of the delay for which a time extension is requested but 27 before the date of final payment under this Contract. 28 a. No time extension will be granted for requests which are not submitted within 29 the foregoing time limit. 30 b. From time to time, it may be necessary for the Contract schedule or completion 31 time to be adjusted by the City to reflect the effects of job conditions, weather, 32 technical difficulties, strikes, unavoidable delays on the part of the City or its 33 representatives, and other unforeseeable conditions which may indicate 34 schedule adjustments or completion time extensions. 35 1) Under such conditions, the City will direct the Contractor to reschedule the 36 work or Contract completion time to reflect the changed conditions and the 37 Contractor shall revise his schedule accordingly. 38 a) No additional compensation will be made to the Contractor for such 39 schedule changes except for unavoidable overall contract time 40 extensions beyond the actual completion of unaffected work, in which 41 case the Contractor shall take all possible action to minimize any time 42 extension and any additional cost to the City. 43 b) Available float time in the Baseline schedule may be used by the City 44 as well as by the Contractor. 45 100825 01 32 16 - 4 DAP CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 3. Float or slack time is defined as the amount of time between the earliest start date 1 and the latest start date or between the earliest finish date and the latest finish date 2 of a chain of activities on the Baseline Schedule. 3 a. Float or slack time is not for the exclusive use or benefit of either the 4 Contractor or the City. 5 b. Proceed with work according to early start dates, and the City shall have the 6 right to reserve and apportion float time according to the needs of the project. 7 c. Acknowledge and agree that actual delays, affecting paths of activities 8 containing float time, will not have any effect upon contract completion times, 9 providing that the actual delay does not exceed the float time associated with 10 those activities. 11 E. Coordinating Schedule with Other Contract Schedules 12 1. Where work is to be performed under this Contract concurrently with or contingent 13 upon work performed on the same facilities or area under other contracts, the 14 Baseline Schedule shall be coordinated with the schedules of the other contracts. 15 a. Obtain the schedules of the other appropriate contracts from the City for the 16 preparation and updating of Baseline schedule and make the required changes 17 in his schedule when indicated by changes in corresponding schedules. 18 2. In case of interference between the operations of different contractors, the City will 19 determine the work priority of each contractor and the sequence of work necessary 20 to expedite the completion of the entire Project. 21 a. In such cases, the decision of the City shall be accepted as final. 22 b. The temporary delay of any work due to such circumstances shall not be 23 considered as justification for claims for additional compensation. 24 1.5 SUBMITTALS 25 A. Baseline Schedule 26 1. Submit Schedule in native file format and pdf format as required in the City of Fort 27 Worth Schedule Guidance Document. 28 a. Native file format includes: 29 1) Primavera (P6 or Primavera Contractor) 30 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 31 bring in hard copy to the meeting for review and discussion. 32 B. Progress Schedule 33 1. Submit progress Schedule in native file format and pdf format as required in the 34 City of Fort Worth Schedule Guidance Document. 35 2. Submit progress Schedule monthly no later than the last day of the month. 36 C. Schedule Narrative 37 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 38 Schedule Guidance Document. 39 2. Submit schedule narrative monthly no later than the last day of the month. 40 D. Submittal Process 41 1. The City administers and manages schedules through Buzzsaw. 42 100825 01 32 16 - 5 DAP CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised July 1, 2011 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 1 Guidance Document. 2 3. Once the project has been completed and Final Acceptance has been issued by the 3 City, no further progress schedules are required. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE 8 A. The person preparing and revising the construction Progress Schedule shall be 9 experienced in the preparation of schedules of similar complexity. 10 B. Schedule and supporting documents addressed in this Specification shall be prepared, 11 updated and revised to accurately reflect the performance of the construction. 12 C. Contractor is responsible for the quality of all submittals in this section meeting the 13 standard of care for the construction industry for similar projects. 14 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS [NOT USED] 18 PART 3 - EXECUTION [NOT USED] 19 END OF SECTION 20 21 Revision Log DATE NAME SUMMARY OF CHANGE 22 100825 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 digit 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 100825 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another form of distribution approved by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 1) Contact City 1 week before water for construction is desired 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City’s 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 100825 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 E. Dust Control 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 100825 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 3.5 [REPAIR] / [RESTORATION] 1 3.6 RE-INSTALLATION 2 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3 3.8 SYSTEM STARTUP [NOT USED] 4 3.9 ADJUSTING [NOT USED] 5 3.10 CLEANING [NOT USED] 6 3.11 CLOSEOUT ACTIVITIES 7 A. Temporary Facilities 8 1. Remove all temporary facilities and restore area after completion of the Work, to a 9 condition equal to or better than prior to start of Work. 10 3.12 PROTECTION [NOT USED] 11 3.13 MAINTENANCE [NOT USED] 12 3.14 ATTACHMENTS [NOT USED] 13 END OF SECTION 14 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 100825 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 100825 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised April 7, 2014 1. Provide free standing Project Designation Sign in accordance with City’s Standard 1 Details for project signs. 2 B. Materials 3 1. Sign 4 a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 5 2.3 ACCESSORIES [NOT USED] 6 2.4 SOURCE QUALITY CONTROL [NOT USED] 7 PART 3 - EXECUTION 8 3.1 INSTALLERS [NOT USED] 9 3.2 EXAMINATION [NOT USED] 10 3.3 PREPARATION [NOT USED] 11 3.4 INSTALLATION 12 A. General 13 1. Provide vertical installation at extents of project. 14 2. Relocate sign as needed, upon request of the City. 15 B. Mounting options 16 a. Skids 17 b. Posts 18 c. Barricade 19 3.5 REPAIR / RESTORATION [NOT USED] 20 3.6 RE-INSTALLATION [NOT USED] 21 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 22 3.8 SYSTEM STARTUP [NOT USED] 23 3.9 ADJUSTING [NOT USED] 24 3.10 CLEANING [NOT USED] 25 3.11 CLOSEOUT ACTIVITIES [NOT USED] 26 3.12 PROTECTION [NOT USED] 27 3.13 MAINTENANCE 28 A. General 29 1. Maintenance will include painting and repairs as needed or directed by the City. 30 100825 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised April 7, 2014 3.14 ATTACHMENTS [NOT USED] 1 END OF SECTION 2 3 100825 01 58 13 - 4 DAP TEMPORARY PROJECT SIGNAGE Page 4 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revised April 7, 2014 1 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 2 3 100825 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 1 100825 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 100825 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 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 100825 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 2. Accuracy of records shall be such that future search for items shown in the Contract 1 Documents may rely reasonably on information obtained from the approved Project 2 Record Documents. 3 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 4 information that the change has occurred. 5 4. Provide factual information regarding all aspects of the Work, both concealed and 6 visible, to enable future modification of the Work to proceed without lengthy and 7 expensive site measurement, investigation and examination. 8 1.10 STORAGE AND HANDLING 9 A. Storage and Handling Requirements 10 1. Maintain the job set of Record Documents completely protected from deterioration 11 and from loss and damage until completion of the Work and transfer of all recorded 12 data to the final Project Record Documents. 13 2. In the event of loss of recorded data, use means necessary to again secure the data 14 to the City's approval. 15 a. In such case, provide replacements to the standards originally required by the 16 Contract Documents. 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS 20 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 21 2.2 RECORD DOCUMENTS 22 A. Job set 23 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 24 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 25 B. Final Record Documents 26 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 27 the City 1 complete set of all Final Record Drawings in the Contract. 28 100825 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 2.3 ACCESSORIES [NOT USED] 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION [NOT USED] 5 3.3 PREPARATION [NOT USED] 6 3.4 MAINTENANCE DOCUMENTS 7 A. Maintenance of Job Set 8 1. Immediately upon receipt of the job set, identify each of the Documents with the 9 title, "RECORD DOCUMENTS - JOB SET". 10 2. Preservation 11 a. Considering the Contract completion time, the probable number of occasions 12 upon which the job set must be taken out for new entries and for examination, 13 and the conditions under which these activities will be performed, devise a 14 suitable method for protecting the job set. 15 b. Do not use the job set for any purpose except entry of new data and for review 16 by the City, until start of transfer of data to final Project Record Documents. 17 c. Maintain the job set at the site of work. 18 3. Coordination with Construction Survey 19 a. At a minimum clearly mark any deviations from Contract Documents 20 associated with installation of the infrastructure. 21 4. Making entries on Drawings 22 a. Record any deviations from Contract Documents. 23 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 24 change by graphic line and note as required. 25 c. Date all entries. 26 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 27 e. In the event of overlapping changes, use different colors for the overlapping 28 changes. 29 5. Conversion of schematic layouts 30 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 31 ducts, and similar items, are shown schematically and are not intended to 32 portray precise physical layout. 33 1) Final physical arrangement is determined by the Contractor, subject to the 34 City's approval. 35 2) However, design of future modifications of the facility may require 36 accurate information as to the final physical layout of items which are 37 shown only schematically on the Drawings. 38 b. Show on the job set of Record Drawings, by dimension accurate to within 1 39 inch, the centerline of each run of items. 40 1) Final physical arrangement is determined by the Contractor, subject to the 41 City's approval. 42 100825 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 1 ceiling plenum", "exposed", and the like). 2 3) Make all identification sufficiently descriptive that it may be related 3 reliably to the Specifications. 4 c. The City may waive the requirements for conversion of schematic layouts 5 where, in the City's judgment, conversion serves no useful purpose. However, 6 do not rely upon waivers being issued except as specifically issued in writing 7 by the City. 8 B. Final Project Record Documents 9 1. Transfer of data to Drawings 10 a. Carefully transfer change data shown on the job set of Record Drawings to the 11 corresponding final documents, coordinating the changes as required. 12 b. Clearly indicate at each affected detail and other Drawing a full description of 13 changes made during construction, and the actual location of items. 14 c. Call attention to each entry by drawing a "cloud" around the area or areas 15 affected. 16 d. Make changes neatly, consistently and with the proper media to assure 17 longevity and clear reproduction. 18 2. Transfer of data to other Documents 19 a. If the Documents, other than Drawings, have been kept clean during progress of 20 the Work, and if entries thereon have been orderly to the approval of the City, 21 the job set of those Documents, other than Drawings, will be accepted as final 22 Record Documents. 23 b. If any such Document is not so approved by the City, secure a new copy of that 24 Document from the City at the City's usual charge for reproduction and 25 handling, and carefully transfer the change data to the new copy to the approval 26 of the City. 27 3.5 REPAIR / RESTORATION [NOT USED] 28 3.6 RE-INSTALLATION [NOT USED] 29 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 30 3.8 SYSTEM STARTUP [NOT USED] 31 3.9 ADJUSTING [NOT USED] 32 3.10 CLEANING [NOT USED] 33 3.11 CLOSEOUT ACTIVITIES [NOT USED] 34 3.12 PROTECTION [NOT USED] 35 3.13 MAINTENANCE [NOT USED] 36 3.14 ATTACHMENTS [NOT USED] 37 END OF SECTION 38 39 100825 01 78 39 - 5 DAP PROJECT RECORD DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Creekside Estates Phase 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS City Project No. B2010078.030 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 1 100825