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HomeMy WebLinkAboutContract 53230-PM1RECEIVED JAN -9 2020 ~,,,,,,, .. .,..,.c OF r''I --~~ ........ <-r. •• :4..··· * ····"!.J'. ,,. .,... ·.•t "*. . *p; ,. .. , ......... -................ ~ '-THOt.AAS E. WILSON ~ ~ .. , ................... ,. ... ,,, l ·. 127691 : § l..i ~-( " ··~':'.., FORT WORTH ~ PROJECT MANUAL FOR CITY SECRETARY B':,, '2Q-pM l r.o NTRACT NO. ~~y_:::;;"'4..J~~.:..--- THE CONSTRUCTION OF STREET LIGHTS TO SERVE NEWBERRYPOINTPHASEl IPR C 19-0183 CITY PROJECT No. 102281 FlD No. 30114-0200431-102281-E07685 File No. W-2660 Betsy Price Mayor · X-File No. X~26212 Christopher P . Harder, P .E . Director, Water Department William Johnson David Cooke City Manager Directo r, Transportation and Public Works Department Prepared for The City of Fort Worth 2019 PELOTON LAND SOLUTIONS 9800 HILLWOOD PARKWAY, SUITE 250 FORT WORTH, TX 76177 817-562-3350 TBPE Firm No. 12207 '"''! OFFICIAL RECORD •1 .-~•./CfNS~~·~V: ~~~19 CITY SECRETARY FT. WORTH, TX J 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0000 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS PaV I or4 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 00 11-13 IFIV404;an-to Bidden; 00 2-I 1I In Cruel;., s 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 4314 Bid -wne 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers' Compensation Law 0045 40 ? finmiiy n -_ 00 52 43 Agreement 0061 25 Certificate of Insurance 0062 13 Performance Bond 0062 14 Payment Bond 00 62 19 Maintenance Bond 007300 6 ner31 Cenartiens 00 7300 gupplemen%ry-Canditieas 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01- General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 0i 01 29—n,-. Preconstruction Meeting feet Nl ee4ngs 013233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 01 71 2 Mobilization and Remobilization ^ ct-k: 017423 IT Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Newberry Point Pbne I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised Septeinber 1, 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0000 10-2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Bumsaw site at: htps://oroiecl20- 'So20Constnwtion%20Documcnts/SDe � ficaYons Division 02 - Existing Conditions 02-011' Seleefise-Sit.-Deffial tiea 0" Al 14 R...".1"Ab.Rd.flirpont a1, a d- 02-4113 Paving Rene a! Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03 8000 AvIed,fiiol'sits to Existing Concrete SIrmettares Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26..99 10 Deme4ien for FleeEzieal S5 stems 260533 __w o 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 to 00--&,cg:ag 31 23 16 ExedvaliviH 31 23 a3 Betrew 31 24 00 €m baj lauents 312500 EF0Sie andsed'm at-Cemrer 31;600 Gabia.as 31- Rlprm, Division 32 - Exterior Improvements 32 32-0i-29 GoncFete pai. -g Repai d2 11 23 Flexible Base CoHiases 32 11 29 Little CBI'Fqeq 32 I i '3 Ee Went --,Sq.J Rase Ceurees 3P 12 16 i! (half Pa iag 32-12-73 Asphalt Pat'ng Craek Sealants �2 13 1' CaHerete Pati 61g 32-13-77 r`_ ... air .g r 9214-16 v;ag.. CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised September 1, 2015 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0000 10-3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of4 R CITY OF FORT WORTH Nmabet, Point Pbase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS IPRCI9-0163 Revised Sep ember 1.2015 CITY OF FORT WORTH Nmabet, Point Pbase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS IPRCI9-0163 Revised Sep ember 1.2015 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 0000 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of4 Division 34 - Transportation 34 41 te-T-Faffi--`'- Sig: is 344t i3 Reffieving Tgaffic Signals 3441 20 Roadway Illumination Assemblies 34 41 30 Aluminum Sins 34 7i 1' Traffle 00 R" Appendix GC1101 A%ailob ility-of Lands GE4.04 F3nderg. Build FraeiFi[iES GC-4 06 11e erdeus-F iF0J1M, t,l-C ndit' 6E-6.07 Wage Rates QC 609 Rerrnitsaw I I ItihIies GG 6 M Nend',ssFimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0163 Revised September I, 2015 SECTION 00 4100 —PROPOSAL DEVELOPER AWARDED CONTRACTS This proposal most not be removed from this book of Contract Documents. TO: Pulte Homes of Texas, L.P. PROPOSAL FOR: LIGHTING IMPROVEMENTS PROJECT NAME: NEWBERRY POINT PHASE 1 FILE NO. X-26212 & W-2660 CITY PROJECT NO. 102281 FID NO.30114-0200431-102281-EO7685 IPRC 19-0183 Includes the furnishing of all materials, equipment and labor for the installation of median openings, left turn lane, water & sanitary sewer improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: LIGHTING IMPROVEMENTS TO SERVE NEWBERRY POINT PHASE I Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly examined the Contract Documents, including plans, special contract documents, the Technical Specifications listed in this contract, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Department of Transportation & Public Works of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Furnish and install, including all appurtenant work, complete in place, the following items: Page I oF3 PART B - PROPOSAL (Cont.) ^ After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required, is to become the properly of the Developer. The successful bidder shall be required to perform the work in accord with these contract documents and the technical specifications available in the City of Fort Worth's B=saw site and incorporated herein and made a part hereof for all purposes. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. race 2 of 3 The Bidder agrees to begin construction within dt JOWoRKiuy�daya rsue of the work order, and to complete the contract within ( JL (� S- cdays after beginning construction as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) Respectfully submitted, Addendum No. 3 (Initials) Addendum No. 4 (Initials) Independent Utility Construction, Inc. Name of Contractor . 4;r? --7 By: (SSiignature�)�` � A 1 L1f (X(J (Printed Name) Title: Company Name: Independent Utility Construction, Inc. Address: 5109 Sun Valley Drive Fort Worth, TX 76119 Email: estimating(cr�iuctx.com Telephone: 817-478-4444 Page 3 of 3 SECTION 00 42 43 Developtt Awarded Pmj uds- PROPOSAL FORM UNIT PRICE BID Bidder's Application Druws usu lnkmuam addns euovl b un No Es 4^^W�°^ SpRifiu:ion S6vm . No Unim! aid Uo,Pnu DA aue Mevme QWmiy UNIT V: STREET LIGHTING I PROVEMEN 1 2E05.30152" CONOT PVC SCN 60 M 250533 LF 191. $1211 Q3.130.10 2 3441.3050E MI al II LED Lima, FEW. pO watt ATBO COMA New) 34 41 20 EA 3 3.13301 RCw, Ilium Foundation TY l 2, end 4 .4120 EA 29 $2.NG 50,236.GO 4 34413351E 29 $1.11B.W 53242200 h/Install Rd" plum TY ll Pale U4120 EA 29 $1.]>255 $51,40395 5 3441. 1fi46 FumM la05tall TYN 33B Alm 344120 EA 29 $174.00 $6,046DO 6 3441.1410 N010 Inauesed Elec Conde .4110 LF 5730 $164 $9,397.20 j S TAL UNIT V: TREET LIG TING IMPROVE T $129,[3525 TM1e bid is submillM D, II, tulip name, belew embus mains Umly .�: .ID eunnrvvdnn l.e sew svym;.. .rT WotlM1. TN 1a119 cumrenm-I. p snmplsm Om.. D, F.AL AITIAN'c[.iroui CUNNAA f... - a m..n,s ywvNM is ros cenv., emeidm.. END OF SECTION mrt E: ATE: 4s.e Iwea....nm le.em..a.. m. e„� s.:..avan U�aoe smeeaesn�aa«�.nT, m.�maswswmo,orec>'s W a _aarmoo.i e� Ea as 12 DAP P&EQUALIFlCATIOR STATEMEM1T P.AeI otl -- SECTION 00 45 12 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the `[Major Wo Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Roadway and Pedestrian Lighting Independent Utility Construction, Inc. 4/3/2021 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction, Inc. BY: [� rd V W 1 5109 Sun Valley Drive Fort Worth, TX 76119 TITLE: re5 \ T DATE: 11_91_ 1p1 END OF SECTION Cm OEEORTwomN STANDARD CONSTRUCTION PREWApPCATION STATEMENT- OEVELOPERAWAROEO 11O,EQS �q5 ll_Peequabfi[3fion S[a[emem 30150PP Po[m V--SeP—e -,'0" 004526-1 CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW Page I oft 1 SECTION 00 4526 2 3 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. IPRC19-0183. Contractor further certifies that, pursuant to Texas Labor Code, 7 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 8 compliance with worker's compensation coverage. 9 CONTRACTOR:1�//� /� �/I 10 Indeoendent Utility Construction, Inc By: 6 O ar(l V vQ I 1 [ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Company 5109 Sun Valley Drive Address Fort Worth, TX 76119 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § ease Print) Signature: Title: (ke &lL (Please Print) $FQ$Er, tale )njlgrt gnftyi authority, on this day personally appeared a )V '� , known to me to be the person whose name is subscribed to the fore oing instr mentt,L, a�rl ac oQwll_gedCtofine t a I/,-. executed the same as the act and deed of .p0y Y�Q�QIr%1f tt=Z�He40r oses and consideration therein expre sed and in the capaci therein stated. G NO UJ�DAµVIY,.ki/jND ANWEAL OF OFFICE this _day of VV ��,, �(;;JJ��YY ,20� Ps CHRISTINA GARCIANotary Pubflo, Smlof Texas Notary Public in and for the State o Texas z. ' Comm. Expires 12-2P2020 b`• Notary ID 130940785 END OF SECTION CITY OF FORT W ORTH NEWBERRY POINT PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS IPRC19-0183 Revised April 2.2014 00 52 43 - 1 1 SECTION 00 52 43 Developer Awarded Project Agreement Page 1 of 5 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on q. I is made by and between the Developer, 5 Pulte Homes of Texas, L.P., authorized to do business in Texas, and Independent Utility 6 Construction, Inc., authorized to do business in Texas, acting by and through its duly authorized 7 representative, ("Contractor"). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Newberry Point Phase 1 17 IPRC19-0183 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. r 14vaRK�1+f,, 23 The Work will be complete for Final Acceptance within { `f ealeelar days after the 24 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 25 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS IPRC 19-0183 Revised June 16, 2016 005243-2 Developer Awarded Pmie0. Agreement Page 2 of 5 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liqu ed od ages�nfor� d lay 4but not as a penalty), Contracto shall pay 35 Developer n 1�LTX) 4k Yit CA Dollars.($W) for each 36 day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the 37 City issues the Final Letter of Acceptance. 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of One Hundred Twenty-nine Thousand, Six Hundred 41 Thirty-five Dollars and Twenty-five Cents ($129.635.25). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 l) Proposal Form (DAP Version) 50 2) Prequalification Statement -- 51 3) State and Federal documents (project specific) 52 It. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 It. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised June 16.2016 r— 62 63 64 65 66 67 68 69 70 71 72 73 74 75 005233-3 Developer Awarded Project Agreement Page 3 uf5 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. S. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. It. Field Orders. c. Change Orders. d. Getter of Final Acceptance. CITY OP FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised June 16,2016 005243-4 Developer Awarded Project Agreement Page 4 of5 -' 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees -- 81 under this contract. This indemnification Turovision is specifically intended to operate 82 and be effective even if it is alleged or Proven that all or some of the damages being 83 sought were caused, in whole or in partby any act omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused in whole or in part 95 by any act, omission or negligence of the city 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article I of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUC TION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised June 16,2016 r 005243-5 r, Developer Awarded Project Agmenain Page 5 of 5 113 7.5 Governing Law and Venue 114 This Agreement, including all of the Contract Documents is performable in the State of ., 115 Texas. Venue shall be Tarrant County, Texas, of the United States District Court for the 116 Northern District of Texas, Fort Worth Division. 117 -' 118 7.6 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly _. 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties ("Effective Date'). -- 126 Contractor: Developer: Independent Utility Construction, Inc. Pulte Homes of Texas, L. P. By. By: t amre) (Signature) (Printed Name) (Printed Name) Title: �Title: CLINTVINCENT VP OF LAND DEVELOPMENT Company Name: Company name: Independent Utility Construction,. Inc. Pulte Homes of Texas, L. P. Address: Address: 5109 Sun Valley Drive 9111 Cypress Waters Blvd. City/State/Zip: City/State/Zip: Fort. Worth, TX f76119 Coppell, TX 75019 Date I I ��% ,t &`ftWmuppp Date I rl .I 1. If� 127 QJP OZt- p`'y�y J jOQ' `9i• i 2 S wa� CITY OF FORT WORTH O y' L L SEAL m'9Z _ Newberry Point Phase I STANDARD CONSTRUCV;*CIFIC ATION t TENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised June 16, 2016 � pNt,,,1�79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 006125-I CERTIFICATE OF INSURANCE Page I of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH Piorceer Polm Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Project No. 101910 Revised July 1, 2011 0061 13- 1 PERFORMANCE BOND Page 1 of2 Bond No. 049448H t SECTION 00 62 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction Inc. , known as "Principal' herein and 8 Westfield Insurance Company , a corporate surety(sureries, if more than one) duly 9 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 10 are held and firmly bound unto the Developer, Palle Homes of Texas L.P.. authorized to do 11 business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation 12 C"City"), in the penal sum of, One Hundred Twenty -Nine Thousand Six Hundred Thirty -Five 13 Dollars & Twenty -Five Cents ($129.635 25) lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas for the payment of which sum wel I and truly to be made, jointly 15 unto the Developer and the City as dual obliges, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 19 CFA Number 19-0135 ; and 20 WHEREAS, the Principal has entered into a certain written contract with the Developer 21 awarded the LL day of Decem V�Ct , 20h which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 23 labor and other accessories defined by law, in the prosecution of the Work, including any Change 24 Orders, as provided for in said Contract designated as Street Lighting Improvements to serve 25 Newberry Point Phase 1 26 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 27 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 28 perform the Work, including Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to,and as well during any period of 30 extension of the Contract that may be granted on the part of the Developer and/or City, then this 31 obligation shall be and become null. and void, otherwise to remain in full force and effect. CITY OF FORT WORTH STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Newber, Point Phase 1 IPRC 19-0183 006113-2 PERFORMANCE BOND P,g 2of2 Bond No. 049449H 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the. 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in ., 6. accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALEDthis 8 instrument by duly authorized agents and officers on this the —'Aday of U-01W, 20,/I. 9 10 11 12 13 4 IS ATTEST, 6 ,(/ 17 18 (Print pa) S retary 19 20 21 22 23 24 W' ess as to Principal 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Wimess As3to Surety Elizabeth Gray 39 PRINCIPAL: INDEPENDENT UTILITY • ` h'1LK�f�L`. Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: 5lgnature Kyle W. Sweeney Anomev-in-Fact Name and Title Address: 555 Republic Drive Suite 450 Plano Texas 75074 Telephone Number: 972-516-2600 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing. that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be. prior to the date the Contract is awarded. CITY OF PORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Ne, ku, Point Ph. I IPRC 19-OIU 7 0061 14- 1 PAYMENTBOND Page I oft Bond No. 049448H ^ I SECTION 00 62 14 2 PAYMENTBOND 4 THE STATE OF TEXAS § 5. § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction Inc , known as "Principal" herein, ^ 8. and Westfield Insurance Company , a corporate surety (or sureties. if more than 9 one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the Developer Pulte Homes of Texan. L.P., authorized t t to do business in Texas ("Developer"), and the City of Fort Worth, a Texas municipal corporation 12 ("City"), in the penal sum of One Hundred Twenty -Nine Thousand, Six Hundred Thirty -Five 13 Dollars & Twenty -Five Cents ($129,635 25) lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto l 15 the Developer and City as dual obligees, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents: l 17 WHEREAS, Developer and City have entered into an Agreement for the construction of 18 community facilities in the City of Fort Worth, by and through a Community Facilities 19 Agreement, CIA Number 19-0135 ; and 20 WHEREAS, Principal has entered into a certain written Contract with Developer, 21 awarded the-4—day of J9C-P—Mh0' , 20 1� which Contract is hereby referred to and 22 made a part hereof for all purposes as if fully set forth herein, to furnish at[ materials, equipment, 23 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 24 said Contract and designated as Street Lighting Improvements to serve Newberry Point Phase 1. 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. CITY OF FOR]WORTH Newberry Point Phase I STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS IPRC 19-0183 Revised Jonanry 31. 2012 006114-2 PAYMENTBOND Paget rf2 Bond No. 049448H I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED ED anddnSEEALEDD 5 this instrument by duly authorized agents and officers on this theQA day of 1 tl ffl. , 20� 1 6 7 8 9 10 11 12 13 ATTEST: (Kin pal rotary [Hess as to Principal ATTEST: (Surety) Secretary Frank A. Canino Witness to Surety Elizabeth Cray " PRINCIPAL: INDEPENDENT UTILITY CONSTR ION. INC. . Richard Wolfe, President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: � e Sigpalure Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive Suite 450 Plano Texas 75074 Telephone Number: 972-516-2600 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS RC,I'M January 31.2012 Ne a, Point Ph.W I 1PRC 19 0183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 006219_1 MA➢FTENANCE BOND Page 1 of3 Bond No. 049448H SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Independent Utility Construction, Inc , known as "Principal" herein and Westfield Insurance Company a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Pulte Homes of Texas. L.P.' P . authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum of One Hundred Twenty -Nine Thousand, Six Hundred Thirty -Five Dollars & Twenty -Five Cents ($129,635.25) lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made jointly unto the. Developer and the City as dual obligees and their successors,. we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the: construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 19-0135 and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the -1-1- day of F)tc Phil6a , 20A which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,. to furnish all materials, equipment labor and other accessories as defined by law, in theprosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Street Lighting Improvements to serve Newberry Point Phase 1; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City C"Maintenance Period"); and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Newberry Point Phase I IPRC 19-0183 006219-2 MAINTENANCE BOND Page 200 Bond No. 049448H I ^ WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall -, 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 -- 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such — l2 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in _ 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FOR r WORTH Newberry Point Phase I STANDARD CI rY CONDITIONS — DEVELOPER AWARDED PROJECTS IPRC 19-0183 Revised h.,,., 31, 2012 t 2 3 4 — 5 6 7 — 8 9 IO I1 12 13 14 41 006219-3 MAINTENANCE BOND Page 3 of 3 Bond No. 049448H IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 9A day of of 11 is , 20�. ATT S (Princtpa ary tness as to Principal ATTEST: �r"A A (Surety) Secretary Frank A. C. 'no Witness . o Surety Elizabeth Gray PRINCIPAL: INDEPENDENT UTILITY CONSTRUCTWIN. INC BY: Sign. are Richard Wolfe President Name and Title Address: 5109 Sun Valley Drive Fort Worth, Texas 76119 SURETY: WESTFIELD INSURANCE COMPANY BY: Signature Kyle W. Sweeney, Attorney -in -Fact Name and Title Address: 555 Republic Drive, Suite 450 Plano Texas 75074 Telephone Number: 972-516-2600 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, bothmost be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised Jammry 31,2012 Newberry Poin Phan I IPRC 19-0183 IMPORTANT NOTICE To obtain information or make a complaint: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: _ 555 Republic Drive, Suite 450 Plano, Texas 76074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1.800-252-3439 _ You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionatdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono,gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para ammeter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con at Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800.252.3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionetdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, dabs comunicarse con el agents o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la dispute, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BIIAUwo r POWER f/ AND ISSUED PRIOR r0 DE/20I11, FOR ANY PERSON OR PERSONS NAMED BELOW_ POWER. NO. 422GOS2 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohlo Know All Men by These Presents, That WESTFELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, dorpOraflon5, h1locaffer retained to Individually as A -Company" and LOIIeaUvely a-ComPanieS; call organised and eusfing under the laws of the Slate of nbc, and M1avmg its prlodpaI office In Wenteld Center, Medina County, One, do by these presents make, cco'b me and appomt CHARLES D. SWEENEY, MICHAEL A SWEENEY, KYLE W. SWEENEY, EL IZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful MlDrney(s) in Fact, with lull power and aulnorily hereby conferred in Its name, place and $read, to execute, acknowledge, and count r any and all bands, recognlzances, undertakings, .1 ther retumnents or onc—t, of curaysth, LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE. MORTGAGE DEFICIENCY. MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Cor»panics thereby as fully and to the same e,#ent as If such bonds were signed by file President, coaled with the corporate seal of the applicable Company and duly attested by Its Secretary, hereby ratifying and confirming all that the said Attorney($) -In -Fad may do In the premises Said appomlment is made under ance by aufnonty of the following resolution adopted by the Board of Directors of each of [he WESTFIELD INSURANCE COMPANY, WESTFIELD NA IIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "ee It Resolved, that the President, any Senior E%eMdI,S, any Secretary or any F deity & Surety Operations Executive or other Executive shall be and Is Hereby vested with full power and authority to appomt any one or more suitable persons as Atlorneyo)-In-Fact to represent and act for and on benalt of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and m the name of and oa behalf of the Company, IG execute, acknowledge and bender, any and all bonds, PCY P,zances, c.htr..... agreements of Indemnity antl o[M1er wnd.t,.Ha[ .1 bligatory underakings and any and all notices and documents canceling or terminating the Company s liability thereunder, and any such instruments so executed by any even Attorney in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corpoate Secretary - "Be It Fortier Resolved, that the signature Of any such designated person antl the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relafmg thereto by facsimile, and any power of attorney or certificate beating Iacslmlle sgnalures or facsimile seal shall be valid and binding upon the Company with rasped to any bond or undertrang to which it Is attached" (Each adopted at a meeting held on February 0, 20W), In Witness Whereo', WEST FIELD INSURANCE COMPANY, WESTFIELD NAT ZONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have used these presents to be slgaed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL Ace, 2011 . ,,"'orate .^I. ypA�•• •'�oNAi"" WESTFIELD INSURANCE COMPANY SON 'mod-.._.... �c *+, :. �........:.y ",.- .'" \XSuR,{y.„. ANY A %ed t'a �. �...F ,,o '.. Y,�;• WESTFIELD NATIONAL INSURANCE COMP Yo ; = O:' :9 -, ,=`'Y:' `S!, = OHIO FARMERS INSURANCE COMPANY I, z :a} :yar :�_ gNAREERfO :�i 0, - 1B48 2S; �� jState of Ohio ^^��^ Richard LKinnairdJr.al Surety Leader antl County of Medina ss._ Senior Executive On this 201h day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by and, any sworn, did depose and say, that he rcold, ,I Moving, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above nstrument. that he knows the seals of said Companies; that the seals affixed to said Instrument to such corporate seals) NOT they were so aRlxed by order of the Boards of Directors of said Companies, and trial he signed his name meter, by IIKA order. seal •"p[nL g`,` 2: wf Wiliam J. Commission Does A rney et, Law, Notary Public State of Ohio i N ./.Ig'�To� My Commission Does Not Expuo (Sec. 167.03 Ohio Revised Code) County oI Medina ss.: `:. q 1�PS Of O 1, Frank A. Carried, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY antl OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing K a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and nri and furthermore, the resolutions of the Boards of Directors, set out VI the Power or Attorney are in All farce and effect. In Winces Where,{ I have hereunto set my hand and affixed the seals of said Cemirdri at Westfield Center, Ohlo, this day of A.D., �O.'. SL�^`. / `SEAL A� sEAE, ;'- °o ` E° �_ j S } =,: .:o sip:, 1B48 : _ Frank A. Carrion. Secretary _* - ` ' BPOAC2 (combined) (06-02) STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10. 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS r, TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... 1 -' 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................5 Article2 — Preliminary Matters.........................................................................................................................6 2.01 Before Starting Construction........................................................................................................6 2.02 Preconstmction 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 andInsurers.....................................................................................................7 4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7 4.03 Certificates of Insurance...............................................................................................................7 4.04 Contractor'sInsurance............................................... —.... ............................................................ 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 r. 5.13 Safety and Protection.................................................................................................................. 21 5.14 Safety Representative................................................................................................................. 21 5.15 Hazard Communication Programs............................................................................................. 22 5.16 Submittals....................................................................................................................................22 5,17 Contractor's General Warranty and Guarantee.......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 10, 2013 r 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 Comet Defective Work ...................................... ................................................... 31 Article12 - Completion.................................................................................................................................. 32 12.01 Contractor's Warranty of Title ................... ............... -.............................................................. 32 12.02 Partial Utilization........................................................................................................................ 32 12.03 Final Inspection ............................................ ...... --...... .............................................................. 32 12.04 Final Acceptance......................................................................................................................... 33 Article 13 - Suspension of Work.................................................................................................................... 33 13.01 City May Suspend Work............................................................................................................ 33 Article14 - Miscellaneous.............................................................................................................................. 34 14.01 Giving Notice.............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Rrvi.dka ..n R 2013 14.02 Computation of Times................................................................................................................ 34 14.03 Cumulative Remedies................................................................................................................. 34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised January 10, 2013 r 0073 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects f, Page 1 of35 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, terns with initial capital letters in the Contract Documents includereferences 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. AsbestosAnymaterial 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 Cary 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. S. Contract —The entire and integrated written document incorporating the Contract -- Documents between the Developer, Contractor, andfor 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 ofthe Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revimd: January 10. 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form u. 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 1. Supplementary Conditions in. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS Revised January 10, 2013 r 00 73 10-3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects ^ Page of35 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 OrderA 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 schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration ofthe 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. in., Monday thru Friday (excluding legal holidays). -. 29. Samples —Physical examples of materials, equipment, or workmanship that are representative ofsome portion of the Work and which establish the standards by which such portion of the Work will be judged CITYOFFORTWORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: lanuary 10, 2013 00 73 I0-4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 or35 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 f urnished 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 apart ofthe 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 _ ofthe City. 34. Subcontractor An individual or entity having a directcontract with Contractor or with any other Subcontractor for the performance of a part ofthe 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 ofthe 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revim January 10, 2013 007310-5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects .-. Page 5 o1`35 41. WorkTheentire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result ofperforming 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 6p. m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.E 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised'. January 10, 2013 r 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 — PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted. to City when Participating Change Orders or Non - Participating Change Orders occur. 2.02 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised:. January 10, 2013 ^ 0073 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 - BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be 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 famish 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 attomey-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 attomey-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankmpt 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 ofinsurance 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. CITY OF PORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 073 10, 8 Standard City Conditions Of The Constmcion Contract For Developer Awarded Projects Page 8of35 ^ 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 retroactivedate 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%. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 10, 2013 W 73 M-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 o1`35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, most 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS RevisedJanuary 10,2013 00 73 I0.10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS Revised: January 10,2013 FM 0073 10- 11 Standard Cdy Conditions Of The Construction Contract For Developer AWarded Projects r Page 11 of35 1) $1,000,000 each accident on a combined single limit basis. Split limits are r. 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: N/A WI to the name of dm railroad tympany. 0fnonq then .. r.nel 2. The Contractor shall conduct its operations on railroad properties in such a manlier 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: N/A Enter tint, provided try Roihood Cornp ny Ilfror,. write none} b. Each Occurrence:: N/A Fatpr Inuits providedt hr Raitroad Crv,-Y (Ifnotm, write nowt 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 thename 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 - CITY OF EMT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00r310 12 Standard City Conditions Of The Construction Contract For Developer Awarded Protects Page 12 of35 ^ 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 famished 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. Thereshall 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 CITYOFFORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised. January 10, 2013 r 00 73 10-13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 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 requestmust 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 funrish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS RevisedJ..., 10. 2013 oa 73 1a 14 Standard City Conditions OfThe Construtlion Contract For Developer Awarded Projects Page 14 of35 ^ 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 time 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. "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 CITY OF PORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised. January 10, 2013 ^ 0073 10.15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects ^ Page 15 of35 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 0125 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 ❑TY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Rsvimd. January 10. 2013 00 73 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 or35 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 5.05.13. 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 famish 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 - ofthe use ofsubstituted 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 "nor -equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall he incorporated to the Contract by Participating Change Order. 5.06 Pre -Qualification . ofBidders(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: CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Re iud'. January 10, 2013 0073 10- rl Standard City Conditions Of The Construction Contract For Developer Awarded Projects .-. Page 17 o1735 ❑ Required for this Contract. Whmk this box &d.. is any Cry Pnrtidpation) ® Not Required for this Contract. r, 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 perforating 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised. January 10. 2013 0013 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 af35 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 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial 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 11 th 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 CITY OF FORT WORT11 STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised, January 10, 2013 0071 to- 19 Standard City Conditions Of The Construction Contract For Developer Award ad Prolecls .� Page 19 of31 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS lr v,.d. January 10.2013 r 0073 10-20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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 completeand 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS- DEVELOPER AWARDED PROJECTS Revised. January 10 2013 00 73 10-21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of35 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, my 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. ' CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised January 10.2013 r 0073 10- 22 Standard CRY Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of35 --. 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 he 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. Ciry'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. CM OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS RevisdJaeuary 10, 2013 0073 10-23 Standard City Conditions Of The Construdion Contract For Developer Awarded Projects r Page 23 of35 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 r. 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 Ol 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'sobligation 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 fmal 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: Janos, 10, 2013 00 T} I0. 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projeds Page 24 of35 7. any correction of defective Work by City. D. The Contractor ISMI 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 famish 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 _ 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 we 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 we 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Reviud. January 10. 2013 0073 10-25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of35 r 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 f' 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 V1, 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS RevisedJanuary 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page26 o1`35 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 art 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 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ^ 1073 10-2I standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 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 we 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. r- 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. CITY OF FORT WORTn STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00"10-28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 o1735 ^ 8.04 Determinationsfor Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project n 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS Revisal: January 10, 2013 r 00P 10-25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects r Page 29 of 35 ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice ofDefects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may he 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7 007310-30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 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 r, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 007310-31 Standard City Conditions Of The Contraction Contract For Developer Awarded Projects .-, Page 31 of 35 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 repairedor 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 yew 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 r, 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 -� CITY OF FORT WORTH STANDARD CITY CONDITIONS -DEVELOPER AWARDED PROJECTS Revie,dJanoa, 10, 2013 r 1073 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 o1`35 r-� 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 Finallnspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 r 0073 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded projects ,--. Page 33 nf35 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 0 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 shouldit be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITYOFFORT WORTH STANDARD CITY CONDITIONS— DEVELOPERAWARDED PROJECTS Reviscd January 10, 2013 r- 00 ]3 10- 34 Standard City Conditions Of The Construction Contract For Dev ioperAw rded Projects Page 34 of35 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 we in addition to, and are not to be construedin 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS RevisedJmua 10, 2013 0073 10- 35 Standard City Conditions Of The Construction Conrad For Developer Awarded Projects Page 35 o1`35 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or temvnation or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: Jan ory 10. 2013 SECTION Ol 1100 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY 011100-1 DAP SUMMARY OF WORK Page I of A. Section Includes: —' 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. —. No separate payment will be allowed for this Item. 1.3 REFERENCES ]NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include famishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises I. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Newben, Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— Develo0er Awarded Projects IPRC19-0183 Revised December 20.2012 r 01 11 00.2 DAP SUMMARY OF WORK ^ Page 2 of3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed ^ and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. ,-. I) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the '-. specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. ^ 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting - from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. -- 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. . _ b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress artd when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Newberry Point Phue 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — Developer Awarded Projects IPRCI9-0183 Revised December 20, 2012 01 II N-3 DAP SUMMARY OF WORK Page 3 of3 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 CITY OF FORT WORTH Newberry Poim Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS . -Developer Awarded Projects IPRC19-0183 RevisM December 20, 2012 n n r, PART1- GENERAL 1.1 SUMMARY SECTION 0125 00 SUBSTITUTION PROCEDURES 012500-1 DAP$UBSTITUITON PROCEDURES Page I of4 r A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to I or more of the following: a. Name of manufacturer It. Name of vendor -- c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. -- C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: — a. Or -equals are unavailable due to strike, discontinued production of produces meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Newbeery Point Ph ze I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0183 ., Revised August 30, 2013 r 01 25 00 -2 DAP SUBSTITUTION PROCEDURES Page 2 or4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract It. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with r. Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed ^ 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete time or tag number assigned to original -' product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements _ 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection I . Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Newberry Point Phan I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRCr9-0183 Revised August 3Q 2013 r, 012500-3 DAP SUBSTITUTION PROCEDURES r, Page 3 of 4 4. Substitution will be rejected if. a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building —' modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Newbev Point M..1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCIA0183 Revised August 30,2013 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: PROJECT: DATE: We hereby submit for your consideration the following product instead of the. specified item for ..� the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? ._ C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) -, The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature _ Recommended _ Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected - City Date CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2013 - . dJ 013119-I SECTION 01 31 19 PRECONSTRUCTION MEETING PART1- GENERAL 1.1 SUMMARY Page I of3 A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. ^" C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division l —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 he allowed for this Item. 1.3 REFERENCES [NOT USED[ 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination L Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting I . A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Newberry Point Phanel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2013 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Paget of3 e. Other City representatives f. Others as appropriate Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of rightof--way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule c. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals an. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions. q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans I. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims _ bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing cc. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance -- ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH Newberry Point Phazel STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0183 Revised August 30,2013 01 31 19-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 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 CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC194I83 Revised August 30, 2013 r 01 3233.1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO ^ PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: —' 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES ^ A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video -- 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.5 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] PART2- PRODUCTS [NOT USED] CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30.2013 013233-2 OAP PRECONSTRUCTION VIDEO Page 2 o172 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Newbe Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC]9-0183 Revised August30,2013 SECTION 0133 00 DAP SUBMITTALS PART1- GENERAL 1.1 SUMMARY Of 3300-1 DAP SUBMITTALS Page 1 ot8 r A. Section Includes: �- 1. General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES INOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time -- specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: -- a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery _ g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Newberry Pnint Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2013 — r 013300-2 DAP SUBMITTALS r Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." _ D. Submittal Format 1. Fold shop drawings larger than 8'/: inches x I inches to 8'/a inches x l l inches. 2. Bind shop drawings and productdata sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Newberry Point Ph.e I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9OIS3 Revised August 30, 2013 r 013300-3 DAP SUBMITTALS Page of 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such ^ 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers -. 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details _ a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. —' G. Product Data I . For submittals of product data for products included on the City's Standard Product _. List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: - a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instmctions 2) Availability of colors and patterns 3) Manufacturer'sprinted statements of compliances and applicability 4) Roughing -in diagrams and templates ` 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH NewIs r, Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19.0183 Revised August 30, 2013 r 0133 00 -4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams ^. 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: I ) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work —' I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished ' which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's BtUmsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than I hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals -- d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Newbem Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2D13 r 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings I ) Distributed to the City 2) Copies r— a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. Distribute reproductions of approved shop drawings and copies of approved ^ product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review I . The review of shop drawings, data and samples will he for general conformance with the design concept and Contract Documents. This is net to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the _ fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a ^ departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for _ performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: _ a. Code I 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH Newberry Poim Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0193 Revised August 30, 2013 r 013300-6 DAP SUBMITTALS r, Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS. NOT required by the Contractor. ^ a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the r, final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to bent complete will be returned to the Contractor, and will he considered "Not Approved" until resubmitted. -- c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30. 2013 r 013300-7 DAP SUBMITTALS Page 7 of 8 9. When theshop drawings have been completed to the satisfaction of the City, the r, Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. r. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be ^ used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. ^ Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL 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] CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2013 rr IC 013300-8 DAP SUBMITTALS Page8 of 8 PART 2 - PRODUCTS [NOT USEDI PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARYOFCHANGE 122012012 D. Johnson 1A.K.S. Working Days modified to Calendar Days CITY OF FORT WORTH Newberry Povn Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0183 Revised August 30.2013 111 35 13 - I DAP SPECIAL PROJECT PROCEDURES Page I of7 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 0. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 L Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 IT. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None, 20 C. Related Specification Sections include,but are not necessarily limited to: 21 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division I — General Requirements 23 3. Section 33 12 25 —Connection to Existing Water Mains 24 25 1.2 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this Specification refer to the current reference 28 standard published at the time of the latest revision date logged at the end of this 29 Specification, unless a date is specifically cited. 30 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 31 High Voltage Overhead Lines. 32 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 33 Specification 34 1.3 ADMINISTRATIVE REQUIREMENTS 35 A. Coordination with the Texas Department of Transportation 36 1. When work in the right-of-way which is under the jurisdiction of the Texas 37 Department of Transportation (TxDO't): 38 a. Notify the Texas Department of Transportation prior to commencing any work 39 therein in accordance with the provisions of the permit CITY OF FORT WORTH NEWBERRY POINT PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Re Lse4August N,2➢13 013513-2 DAP SPECIAL PROJECT PROCEDURES r— Page 2 or7 1 b. All work performed in the TxDOT right-of-way shall be performed in 2 compliance with and subject to approval from the Texas Department of ^ 3 Transportation 4 B. Work near High Voltage Lines ^, 5 1. Regulatory Requirements 6 a. All Work near High Voltage Lines (more than 600 volts measured between 7 conductors or between a conductor and the ground) shall be in accordance with ^ 8 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 9 2. Warning sign 10 a. Provide sign of sufficient size meeting all OSHA requirements. ,-, 11 3. Equipment operating within 10 feet of high voltage lines will require the following 12 safety features 13 a. Insulating cage -type of guard about the boom or am 14 b. Insulator links on the lift hook connections for back hoes or dippers ^ 15 c. Equipment must meet the safety requirements as set forth by OSHA and the 16 safety requirements of the owner of the high voltage lines ^ 17 4. Work within 6 feet of high voltage electric lines 18 a. Notification shall be given to: 19 1) The power company (example: ONCOR) —. 20 a) Maintain an accurate log of all such calls to power company and record 21 action taken in each case. 22 b. Coordination with power company 23 1) After notification coordinate with the power company to: ' 24 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 25 lower the lines 26 c. No personnel may work within 6 feet of a high voltage line before the above 27 requirements have been met. 28 C. Confined Space Entry Program 29 1. Provide and follow approved Confined Space Entry Program in accordance with 30 OSHA requirements. 31 2. Confined Spaces include: 32 a. Manholes 33 It. All other confined spaces in accordance with OSHA's Permit Required for 34 Confined Spaces - 35 D. Use of Explosives, Drop Weight, Etc. 36 1. When Contract Documents permit on the project the following will apply: 37 a. Public Notification - - 38 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 39 prior to commencing. 40 2) Minimum 24 hour public notification in accordance with Section Ol 31 13 41 E. Water Department Coordination 42 1. During the construction of this project, it will be necessary to deactivate, for a 43 period of time, existing lines. The Contractor shall be required to coordinate with 44 the Water Department to determine the best times for deactivating and activating 45 those lines. CITY OF FORT WORTH NEW BERRY POINT PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS.- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August, 30,2013 9 10 11 12 13 14 15 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0135 13 -3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. I) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 29.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. I Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interuption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number CITY OF FORT WORTH NEWBERRY POINT PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCIM183 Revised AeguA. 30,2013 01 35 13-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 1 3) Date of the interruption of service 2 4) Period the interruption will take place 3 5) Name of the contractor's foreman and phone number 4 6) Name of the City's inspector and phone number 5 c. A sample of the temporary water service interruption notification is attached as 6 Exhibit B. 7 d. Deliver a copy of the temporary interruption notification to the City inspector 8 for review prior to being distributed. 9 e. No interruption of water service can occur until the flyer has been delivered to 10 all affected residents and businesses. I f. Electronic versions of the sample flyers can be obtained from the Project 12 Construction Inspector. 13 H. Coordination with United States Army Corps of Engineers (USACE) 14 1. At locations in the Project where construction activities occur in areas where 15 USACE permits are required, meet all requirements set forth in each designated 16 permit. 17 I. Coordination within Railroad Permit Areas 18 1. At locations in the project where construction activities occur in areas where 19 railroad permits are required, meet all requirements set forth in each designated 20 railroad permit. This includes, but is not limited to, provisions for: 21 a. Flagmen 22 b. Inspectors 23 c. Safety training 24 d. Additional insurance 25 e. Insurance certificates 26 f Other employees required to protect the right-of-way and property of the 27 Railroad Company from damage arising out of and/or from the construction of 28 the project. Proper utility clearance procedures shall be used in accordance 29 with the permit guidelines. 30 2. Obtain any supplemental information needed to comply with the railroad's 31 requirements. 32 J. Dust Control 33 1. Use acceptable measures to control dust at the Site. 34 a. If water is used to control dust, capture and properly dispose of waste water. 35 b. If wet saw cutting is performed, capture and properly dispose of slurry. 36 K. Employee Parking 37 1. Provide parking for employees at locations approved by the City. 38 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 39 Construction Specification [if required for the project] 40 1. Comply with equipment, operational, reporting and enforcement requirements set 41 forth in NCTCOG's Clean Construction Specification:} CITY OF FORT WORTH NE WBERRY POINT PHASE 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-D183 Revised August. 30 2013 01 35 13 -5 DAP SPECIAL PROJECT PROCEDURES Pagc 5 of7 1 1.4 SUBMITTALS [NOT USED] 2 1.5 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED) .� 3 1.6 CLOSEOUT SUBMITTALS [NOT USED] 4 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.8 QUALITY ASSURANCE [NOT USED] 6. 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] —' 7 1.10 FIELD [SITE] CONDITIONS [NOT USED] 8 1.11 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED) 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARYOFCHANGE 8/31/2012 D. Johnson 1.3.B—Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety. Chapter 752. High Voltage Overhead Lines. CITY OF FORT WORTH NE WBERRY POINT PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August, 30, 2013 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13 -6 DAPSPFCIAL PROIFCIPROCEDURES Rise 5 0l EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH NEWBERRY POINT' PHASLI STANDARD CONSTRUCTION SPECIFICATION DOCUMENI S— DE VELOPLR AWARDED PROJECTS IPRC19-0183 Revised Aueust 30. 2013 1 2 3 4 013513-1 DAP SPECIAL PROJECT PROCEDURES Page 9 of 1 EXHIBIT B FoR_ 4 H DOE NO. lll[RK Iti' jm Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH NE WBERRY POINT PHASE I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCt9.0183 Revised August, 30, 2013 014523-1 OAP TESTING AND INSPECTION SERVICES '., Page I oft SECTION 0145 23 TESTING AND INSPECTION SERVICES r, PART]- 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. 13 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 B=saw site, or another form of distribution approved by the City. CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUs1ENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30, 2013 r 014523-2 DAP TESTRJG AND INSPECTION SERVICES Page 2 of2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies r 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 r, 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 SUBMITTALSHNFORMATIONAL 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 USEDI _ PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised August 30. 2013 01 5000- 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities It. Sanitary facilities c. Storage Sheds and Buildings -- d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: - 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES ]NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CRY OF FORT WORTH Newbeny Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised JULY 1, 2011 015000-2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2of4 ^ d. Contractor Payment for Constmction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. ^ 1) Provide power for fighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. ^ 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. -_ b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings I. Provide adequately ventilated, watertight, weatherproof storage facilities with floor - above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. ' 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. _ 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH NewIn no Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised JULY 1. 2011 r 01 50 00-3 DAP TEMPORARY FACILITIES AND CONTROLS ^ Page 3 otT 1. Contractor is responsible for maintaining dust control through the duration of the project. ^ a. Contractor remains on -call at all times b. Must respond in a timely manner ^ F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. -. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] " 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED) 1.11 FIELD [SITE] CONDITIONS [NOT USEDI 1.12 WARRANTY [NOT USED) PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION INOT USED] -- 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USEDI 3.3 PREPARATION INOT USED] 3.4 INSTALLATION A. Temporary Facilities I. Maintain all temporary facilities for duration of construction activities as needed. -' 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD Ion] SITE QUALITY CONTROL INOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USEDI 3.10 CLEANING [NOT USEDI 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH Newberry Point Pha I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised IULY 1. 2011 - 015000.4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION ]NOT USED] 3.13 MAINTENANCE ]NOT USED] 3.14 ATTACHMENTS ]NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Newberry Paint Phase I STANDARD CONSTRUCTION SPECTICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS IPRCI9-oI&3 Revised JULY 1. 2011 ^ 01 55 26-1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pa,1 or3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1- GENERAL 1.1 SUMMARY �- A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification ^ I. None. C. Related Specification Sections include, but are not necessarily limited to: -- I. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 34 71 13 —Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards I. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0183 Revised July 1, 2011 01 5526.2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of3 .- 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. ^ C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and ^ Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working. days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage. 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs _ and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Bunsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL 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 CITY OF FORT WORTH Newlxn, Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised July 1, 2011 01 55 26 -3 DAP STREET USE PERsHT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 U3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Newberry Pam[ Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised July 1, 2011 0157 13- 1 DAP STORM WATER POLLUTION PREVENTION Page I of 3 ^ SECTION 0157 13 STORM WATER POLLUTION PREVENTION ^ PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0- Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 -General Requirements 3. Section 3125 00 - Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items -. bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than I acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. -- 13 REFERENCES A. Abbreviations and Acronyms — 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC _ A. Reference Standards I . Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCi94)183 Revised July 1, 2011 r 01 SN 13 -2 DAP STORM WATER POLLUTION PREVENTION Page 2 o1`3 B. Construction Activities resulting. in: 1. Less than 1 acre of disturbance. a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post atjob site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. ^. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post atjob site b) Send copy to City Department of Transportation and Public Works, —' Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP I. Submit in accordance with Section Ol 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Newber, Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCIV-0183 Revised July 1, 2011 015713-3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALSIINFORMATIONAL 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 CITY OF FORT WORTH Newl erty Point Ph=1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised July 1, 2011 r 01 DAP TEMPORARY PROJECT SIGNAGEGNAGE ^ Page 1 of3 SECTION 0158 13 ^ TEMPORARY PROJECT SIGNAGE r, PART 1 - GENERAL 1.1 SUMMARY — A. Section Includes: 1. Temporary Project Signage Requirements r, B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements -- 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment _ 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSHNFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USEDI 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] PART2- PRODUCTS 2.1 OWNER -FURNISHED lox] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0I83 Revised April 1. 2R14 01 58 13 .2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of3 B. Materials 1. Sign a. Constructed of'h-inch fir plywood, grade A-C (exterior) or batter r' 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED) PART 3- EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION ]NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] —, 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General -, 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Newberry Point Phue I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRCI9-0183 Revisal April 7, 2014 015813-3 DAP TEMPORARY PROJECT SIGNAGE Page 3 .173 Revision Log. DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application CITY OF FORT WORTH Newborry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 r 01 60 0 DAP PRODUCT REQUIREMENTS Page I ar2 n 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: ^ 6 1. References for Product Requirements and City Standard Products List 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 I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] -, 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A. list of City approved products for use is located on B tmsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. _ 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Pioneer Paint Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS City Project No. 101910 Revised April 7, 2014 f, 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] ~ 4 PART 2- PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 8 016000-2 DAP PRODUCT REQUIREMENTS Page 2 or2 Revision Log DATE NAME SUMMARY OF CHANGE 10712/I2 D. Johnson Modified Location of Cily's Standard Product List 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Pion., Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS City Project No. 101910 Revised April 7, 2014 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page I nf4 P SECTION 01 6600 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling It. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES _. A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS[NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] — 1.8 MAINTENANCE MATERIAL SUBMITTALS INOT USEDI 1.9 QUALITY ASSURANCE [NOT USED] '^ 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7.2014 ^ 0166 00 -2 DAP PRODUCT STORAGE AND HANDLWG REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or -- environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturers instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements ^' I. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, — tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and ' equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by —' City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. - 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH Newben, Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-DIS3 Revised APN 7, 2014 r 0166 00 -3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page3 of4 1.11 FIELD [SITE] CONDITIONS. [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3- EXECUTION 3.1 INSTALLERS [NOT USED] ^ 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED) 3.6 RE -INSTALLATION [NOT USED] -- 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work _.- 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturers written directions. B. Store products or equipment in location to avoid physical damage to items while in -, storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Newbury Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 - 0166W-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application r-� CITY OF FORT WORTH Newberry Point Phew 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRCI9-0183 -� Revised April 7,2014 01 70 00 1 DAP MOBILIZATION AND REMOBILIZATION Page I oft SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up _ 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. —' 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 -- r 0170 W - 2 OAP MOBILIZATION AND REMOBILIZATION r- Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiaryto the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization" in accordance with Contract —" Documents. c. The price shall include: 1) Demobilization as described in Section 1. I.A.2.a. 1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CETY OF FORT WORTH Newberry Pm Phue 1 STANDARD CONSTRUCTION. SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7,2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Mobilization' in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization ^ and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1 A.3.a. 1) 2) Demobilization as described in Section 1. LA.3.a2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents It. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization' in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. _. c. The price shall include 1) Mobilization as described in Section 1.I.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7.2014 r r 0170N-4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE. NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application CITY OF FORT WORTH Newberry Painl Phase 1 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 SECTION 0174 23 CLEANING PART1- GENERAL r 01 ]423-1 DAP CLEANING Ease I of 4 1.1 SUMMARY A. Section Includes: I. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment ^ 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS INOT USED] -- 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING -, A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for - those materials. CITY OF FORT WORTH Newberry Point Am 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183. Revised April 7.2014 r 017423-2 DAP CLEANING Pa,e2 of4 f, 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD loR[ SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Newb" Point Ph.e 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7.2014 r 01 l423-3 DAP CLEANING Page 3 of ^ 6. Handle materials in a controlled manner with as few handlings as possible. T Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. ^ 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not bum on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. ^ 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind It. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. -, a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. ^ C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object -' that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. —' 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES ]NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC]9-0193 Revised April ], M14 01 7423 -4 DAPCLEANING Page 4 of4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP applieation CITY OF FORT WORTH Newberry Paint Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0123 Revised Apnl 7, 2014 01 77 19 -1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES — A. Measurement and Payment I. Work associated with this Item is considered subsidiary to the various Items bid. No separate paymentwill be allowed for this Item. 13 REFERENCES INOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits I. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims I. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. — 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROTECTS IPRC19-0183 Revised A,417.2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] ._- 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART3- EXECUTION ^. 3.1 INSTALLERS [NOT USED] .. 3.2 EXAMINATION ]NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section --- Ol 7423. C. Final Inspection I. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. It. Upon completion of this inspection, the City will notify the Contractor, in "— writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required toremedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. flandwheels It. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Newben Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised Apnl 7,2014 01 77 19-3 DAP CLOSEOUT REQUIREMENTS Page3 of3 r-� 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue allotice of Project Completion (Green Sheet). E. Supporting Documentation ^' 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request r. b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment ^ e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor ^ F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD IoR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] ^ 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARYOFCHANGE 417r2014 M.Domenech Revised for DAP application CITY OF PORT WORTH Newberry Point Phase l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised Apn17, 2014 r 01 7823 - 1 DAP OPERATION AND MAINTENANCE DATA r Page I of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract ^ 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES ]NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 Ya inches x 11 inches b. Paper I) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRCI9-0183 —1 Revlud April 7,2014 r 01 t823-2 DAP OPERATION AND MAINTENANCE DATA Page 2 of ^ d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide Fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contentsfor each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume — c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data _ a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams It. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: - a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH New" Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION IJOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 - 017823-3 DAP OPERATION AND MAINTENANCE DATA Page 3 M5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturers recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which we detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturers data, giving full information on products I) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule. 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractors coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Newberry Mat Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC 19-0183 Revised April ], 2014 ^ 017823-4 DAP OPERATION AND MAMTENANCE DATA Page 4 of i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage ^ k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts -- b. Circuit directories ofpanelboards 1) Electrical service 2) Controls _. 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting' 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturers printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent ' during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE _ A. Provide operation and maintenance data by personnel with the following criteria: L Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Newberry Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised Ad 7, 2014 - r 0178 23 -5 DAP OPERATION AND MAINTENANCE DATA r- Page 5 of5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] —, 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] ^ PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.AA- title of sectlonremoved 4/72014 M.D...h Revised for DAP Application CITY OF FORT WORTH Newberty Point Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 017839-1 DAP PROJECT RECORD DOCUMENTS Page 1 W4 , .SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1- GENERAL I6�YIL5lu /:T:i7 A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —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. 13 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS ^ A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City'.s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents, CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7. 2014 , . ^ 017839-2 DAP PROJECT RECORD DOCUMENTS r Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary toagain secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD ]SITE] CONDITIONS [NOT USED] 1.12 WARRANTY (NOT USED] PART2- PRODUCTS 2.1 OWNER -FURNISHED IoR] OWNER -SUPPLIED PRODUCTS [NOT USED] -- 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, I complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION INOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised April 7, 2014 r 01 ]839-3 DAP PROJECT RECORD DOCUMENTS Page 3 af4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, -� and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. _ c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. c. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ., ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the _ City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the _ - City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts . . where, in the City'sjudgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on thejob set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH Newberry Point Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised Apnl 9, 2014 -- r 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 aft d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City ^ the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that .— Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION (NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR) SITE QUALITY CONTROL ]NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES(NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] I o101110 selX101CINI Revision Log DATE NAME SUMMARY OF CHANGE 4/720I4 M.Domcacch Revised for DAP Application CITY OF FORT WORTH Newberry Point Phase l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS IPRC19-0183 Revised API 7.2014 in� II n nI n Ir�I nI n InI II n n n n