HomeMy WebLinkAboutContract 53193-PM1 REC
FEB -
- E�2020 FORT WORTH
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2 ct7'oFFORr �
C�nsEeREr RyOn Ty /
0'"s L 9 9 PROJECT MANUAL
FOR
THE CONSTRUCTION OF
Cabela's Sanitary Sewer Extension
City Project No. CPN: 101704
SEWER: 56008-0700430-101704-001380
X-25707
Betsy Price David Cooke
Mayor City Manager
John Robert Carman
Water Director
David V.Magaiia, P.E.
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
2019
Dynamic En�it kn\g Consultants, PC
Texas RegistVf, tIkt.,n•� Firin No. F-13660
...............................::...../
JrJSHUA T. EDGE i..................:..............
,....
-o: 108564 =ter
�S
ENG�?�
- ddge, PE
Texas License No. 108564
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
0000 10- 1
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page I of 2
1 SECTION 00 00 10
2 TABLE OF CONTENTS
3 DEVELOPER AWARDED PROJECTS
4
5 Division 00-General Conditions
7 000 '1 13 ins
.. t. l�J u
8 0041 00 n, ,n
9 00 42 43 Proposal Form Unit Price
10 00 43-13 ... B—, BOBa
11 99-4 5.1 — $i ddef-s IFey„ ca6@W-s
12 0045 12 Prequalification Statement
13 00 45 13 Bidder Prequalifleatien Afyp+imeatien
14 00 45 26 Contractor Compliance with Workers'Compensation Law
15 00 49 40-- Miner-: 1-1,.T Goal
16 00 52 43 Agreement
17 0061 25 Certificate of Insurance
18 0062 13 Performance Bond
19 0062 14 Payment Bond
20 0062 19 Maintenance Bond
22 007300 S:Hpp1 - �
23 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded
24 Projects
25
26 Division 01 -General Requirements
27 01 11 00 Summary of Work
29 01 31 19 Preconstruction Meeting
30 0 i 3 i 20 . . -o e^greet gs
31 01 3? 16 ---Eenstt-ruetion Progress Ssh .ate' le
32 01 32 33— Preeenstruction video
33 01 3300 Submittals
34 0-1-35 13 --special-P-re-je„�'�Pr-oeedhi;Ls
35 01 4523[7 Testing and Inspection Services
36 n
37
38 01 5113 Storm Water Pollution Prevention Plan
39 01 58 13 �w
40 01 6000 Product Requiren-Ients
41
42
43 01 71 23 z�-a struetieff&,.
44 01 7423 Cleaning
45 01 77 19 Closeout Requirements
46 01 7823 Operation and Maintenance.Data
47 al 7839 Project Record Documents
CITY OF FORT WORTH Caheln'.r Scrierinrti Setiver Lrteruint f
STANDARD.CONSTRIJCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 101704 4
Revised September 1,2015
r
00(M 10-2
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 of'2
1
2 Technical Specifications which have been modified by the Engineer specifically for this
3 Project; hard copies are included in the Project's Contract Documents
4
5 Division 42 - Existing Conditions
15
6 NONE
7
8 Division 03- Concrete
9 NONE
10
i 1 Division 26- Electrical
12 NONE
13
14 Division 31E - Earthwork
15 NONE
16
17 Division 32- Exterior Improvements
18 NONE
19
20 Division 33-Utilities
21 NONE
22
23 Division 34_Transportation
24 NONE
25
26 Appen[[ia CxE 4-01�—�"F
27
28 GG 4.04 UndeFgr-ouad-F&e4kies
4k
31 GG 6.0 —image-ides
32 GG 6.)9 i—pe...,.,ks and T rtiki....
34
35
36 END OF SECTION
CITY OF FORT WORTI I Cahela's S[efrilrri3 S�uei'Lktr��sinii
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 10171J�
Revised September 1,2015
00 42 43
DAP-BIT]PROPOSAL
Pa ec I o1'7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Projecc Tait Information Bidder's Proposal
Bidlist liew Description SpeciScadon Unit of 13id
Bid Vnluc No. Section No.. Measure Quantity Unit Price
UNIT 1:WATER IMPROVEMENTS
1 3312.2203 2"Water Service 33 12 10 EA 1 $1,587,00 $1,587,00
2 3312,3003 8"Gate Valve 331220 EA 1 $1,450,00 $1,450.00
3 3312.3005 12"Gate Valve 33 12 20 EA 1 $2,358.00 $2,358.00
4 3312,4107 12"x 8"Tapping Sleeve c&Valve 33 1225 EA 1 $2,689.00 $2,689.00
5 3311.0261 8"PVC Water Pipe 33 11 12 LF 74,3 $35.00 $2,600.50
6 3312,2003 1"Water Service 33 12 10 EA 1 $1,058.00 $1,058.00
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
TOTAL UNIT 1:WATER IMPROVEM ENTS1 $11,742.50
CITY OF FOWr wo Eil FI
.. STANDARD CONSTRUC-1:Ept SPF•CiFICA i lON'[]OCLIMRhTS-I)Ee.A0L•LC3PrER AAV.4Ri7F.17 Pitt7J F.CT3
roren Ccnsion Squmber 1,1035 00 42 4IR id P,vp"sj1_DAP
4
004243
DAP-BID PROPOSAL
Pago 2 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project[Item Infonna;ion Bidder's Proposal
[3idlist It= sl,cciticatiol, [3ni[of Bid
TM,o Description Unit Price Bid Valuc
Section tio. Measure Quantity
UNIT II:SANITARY SEINER IMPROVEMENTS
1 0170.0100 Mobilization 01 7000 LS 1 $1,200,00 $1,200,00
2 0171,0101 Construction Staking 01 71 23 LS 1 Mom $850,00
3 0171.0102 As-Built Survey 01 71 23 LS 1
4 3110.0106 Remove and Transplant 2"Tree 31 1060 EA 1
5 3123,0101 Unclassified Excavation by Plan 31 23 16 Cy 2218
6 3301,0002 Past-CCTV inspection 3301 31 LF 475 $1.00 $475.00
7 3305.0109 Trench Safety 33 05 10 LF 475 $4.50 $237.50
8 3305-0202 Imported Emhedment/Backfill,CSS 33 05 10 CY 15.5 $35.00 $542.5D
9 3305.1001 12"Casing By Open Cut 33 05 22 LF 125 $35.00 $4,375.00
10 3331.3201 6"Sewer Service 3331 50 EA 1 $32.00 $32.00
11 3331-4115 8"Sewer Pipe 33 31 20 LF 475 $42-00 $19,950.00
12 3339.1003 4'Extra Depth Manhole 33 39 10,33 VF 22-1 $225.00 $4,972.50
13 3.301,0101 Manhole Vacuum Testing 3301 30 EA 3 $150.00 $450.00
14 3339.1001 4'Manhole 333410,33 EA 3 $3,858.00 $11,574.00
15 3305-0113 Trench Water Stops 3305 15 EA 2 $225.00 $450.00
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38 !
39 4!
40
41
42
43
44
45
TOTAL UNIT H:SANITARY SEWER IMPROVEMENTS $45,10$.50
CIT1.OF FORT WORTH
.. STA\DARUCONSTRUCT10%SPI,CIFICAT[ON DOCIA1FN'TS-1)1:VE1014;RAWAR1)r,.RPROJF.CTS
Form Vcmon Sepceiubcr 1.2015 fin 4243 laid Pmpasul DAP
004243
DAP-R I n PROPO SA L
Page 3 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Itern information Bidder's Proposal
Bidlist Iran Specification Unit of Bid
N, Descriptio3a Unit Price t3id Z'alue
Section No. Kfemurc Quantity
UNIT Ill:DRAINAGE IMPROVEMENTS
1
2
3
4
5
B
7
8
9
10
11
12
13
14
15
16
17
18
19 .
20
21
22
23
24
25
25
27
28
29
30
31
32
33
34
35
38
37
38
39
40
41
42
43
44
45
TOTAL LINIT Ili: DRAINAGE IMPROVEMENTS
CITY OF FORT WO RTi I
.. STANDARD C0\5rR[f('TiC3N Si'!:C[FIC Al ION DFH'UATF N"I S-r]F.C'f.LD!'f:IL ACl'AI{t]f'.❑PROSr'CTS
Form C'cryian September 3.2pli 00 42 43_Ral I'ropuIDAP
1
004243
D.AP-BID PROPOSAL
Page 4 of 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project hem Tnformation Biddeis Proposal
Bidlis[item Degeri Lion Fsp7 cificalion Unit of Bid
No- p Section No, Measure [Quaillity Unit Price Sid Value
(UNIT IV:PAVING IMPROVEMENTS
1 3213.0101 6"Conc Pvmt 32 13 13 SY 386
2 3213.0102 7"Conc Pvmt 32 13 13 SY 29
3 3213.0311 4"Conc Sidewalk,Adjacent to Curb 32 13 20 SF 1578
4
5
6
7
8
9
10
11.
12
13.
14
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26
27
28
29
30
31
32
33
34
35
36
37
38
39
44
41
42
43
44
45
TOTAL'UNIT IV:PAVING IMPROVEMENTS
i
CITY CF FORT WORTH .. .. .. .. .. ..
STANDARr1 CONSTRL CTION SPl iC l}1CAT][7ti r]pCU1tF ITS-I71:�'F.LOPFR AFL'AR[7t.E7 PAhJ I-•C'TS
Foi m Vvm 0a Sgl�:mbcr 1,2015 On 4143_BM Proposal_DAP
0042AI
DAP-RID PROPOSAL
.Page 5 or 7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Prgjcct Item Information Wd&Cs Proposal
Wdlist liem I7cscri tion Spccification U. ❑f I3id
No. P Section No. l4casule Quantify 1J:Ii[Price E3id L'al«e
UN]T V:STREEI"LIG TING IMPROVEMENTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
'€8
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
TOTAL LINIT"t STREET LIGHTING IMPROVEMENTS
CITY OF FORT WORTH
STAN❑ARD CONSTRUCTION SPECIFICATION DOCuMC VTS-DTl'rLOPFR AWARDE1)PROJFCTS
Fenn Version Sepfcinbu I,2O f i
00 42 43_E3id Pratx-kI T]AA
00 42 43
DAP-R1n PROPOSAL
Page h of
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project hem Information Bidder's Proposal
Bidkist Itern Specification unit of Bid
Description Lrniz Price Bid Value
No. Section No. Measure Quantity
UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2.0
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
i
37
38
39
40
41
42
43
44
45
TOTAL UNIT VI:TRAFFIC SIGNAL IMPROVEMENTS
C IT!'OF POlkl woRTH
Sf A N D A R 1)CONSl R UCr ION SPFC IFTCAT ION DOC t3VENTS-T11:VF LOPI'R AWA R D f D PROTCTS
Vomi v!riion Sepie3ninr 1,2015 00 4233150 Pmpo%il_DAP
ot142 43
D AF-t;113 PROPOSAL
Page 7 ar7
SECTION 00 42 43
Developer Awarded Projects-PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project item Information Bidder's Proposal
Bidlist Rem f3escri tion 5peciiication Unit of laid
No. p $ectiou No, mcasure Quantity Unit Price Bid Value
Bid Summary
UNIT I;WATER IMPROVEMENTS $11,742.50
UNIT II:SANITARY SEWER IMPROVEMENTS $45,108.50
UNIT III:DRAINAGE IMPROVEMENTS
UNIT IV: PAVING IMPROVEMENTS
UNIT V:STREET LIGHTING IMPROVEMENTS
UNIT VI:TRAFFIC SIGNAL.IMPROVEMENTS
Total Constructinn Bid $56,851.00
Contractor agrees to complete NVORK for FINAL ACCEPTAICE:within l?!)clays calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
Submitted By:
Isaac Rey,Sr.Project m3naner
Parkway C&A,LP
END OF SECTION
i
CrryoFF rWORTH
sT AV lzaltri CntiSTRUCrION S PFt'n[CAT[ON'DOC u%i PNTS-DEVELOPER AAA KID 1:a PnnJ FCTS
Fame Vers io:i SgiLemb�-1,2015 00 4243_13id I'riposal_DAP
[)AP PR 1:QVAL I FAC ATR7ti S1 ATF\II:\T
Pain I of J
SECTION 00 45 12
DAP—PREQLIALIFICATION STATEMENT
Each Bidder is required to complete the information below by identifying the prequalilied contractors
a n d/or su bcontractors � hotel they intend to utilize for the major work; type(s) listed. In the_"Major Work
Tv e„boy provide the cam lete nla'or work type and actual description as ro\ided b •the Water
Department for water and sewer and TI'1V for avin�.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Expiration Date
8" 4anilar� tict�Cr I"mcnsinn l'tilitv C'tmstruclloll, ]nc.
1
8" Dire Scr\ice M-mcrick I'tilit\ ('011S[11101011. 111C. 41()'20
f ," Watcr ticr�ice ]"I'mcriA l'tilitx ( ollstructioll. lnt:. 4'0-'20
I" Walt:]- �'crc icu \I:I\crick, I `tilitc ('011SIRIC11oll. Inc. 4'3-0'20
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are cun-ently prequaIified for the work types listed.
BIDDER:
Ma\crick l'tilit,, Cotistructitm. Inc. BY: Br an Yule
1001 %V Euless 131%d Ste ;]2
Lules,- IX 76040
ign, it re)
T1TLG: VP Pre
DATE:
END OF SECTION
CITY OF FORT WORTH
STAN DAR D CONSTRU M ON PREQUALIFICATION STATEMENT-DEVELOPER AWARDED PROJECTS 00 A5 12 Pre9-1h Canon Statement 2015 OAP
Form Verson Septem6rr 1,2015 -
I
40 43 26- 1
CONTRACTOR COIM PLIANC'[ WiTI I WOItKM'S COMPENSATION LAW
I'fiae I of I
[ SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it
4 provides worker's compensation insurance coverage for all of its employees employed on City
5 Project No. 101704. Contractor further certifies that, pursuant to Texas Labor Code, Section
G 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with
7 worker's compensation coverage.
8
9 CONTRACTOR:
3
10
t i Parkway C & A, LP By:_Melvin Chadwick
12 Company (Please Print)
13
14 1000 Civic Circle Signature:
[5 Address '
16
17 Lewisville,'I'X 75067 Title: Chief Financial Officer
18 City/State/Zip (Please Print)
19
20
21 THE STATE OF TEXAS §
22
23 COUNTY OF TARRANT §
24
25 BEFORE ME,the undersigned authority, on this day personally appeared
26 ` j 1 '�((,7ir } 1 f i . 0 1c`tf(f.t ,known to me to be the person whose name is
27 subscribed to the foregoing instrument, and acknowledged to ine that he/she executed the same as
28 the act and deed of for the purposes end
29 consideration therein expressed and in the capacity therein stated.
30
31 GIYEN UNDER MY HAND AND SEAL OF OFFICE this : day of
32 ._ 20 I f -
33
34 CRYSTAL STOUQEMIRE
Y P� F r.
35 s"r? ,° SNotary Public. State of Texas �•��'�jy¢E;rJ ��. ���
36 s; r_ Comm.5xpire3 o4-05-202a Notary'PuMfe in and for the State of Texas
ry�7 '%mast&'••`` €Joftsry 10 M945640
3 I flllrl:l kl�,� ._
38 END OF SECTION
39
i
I
CITY OF FORT WORTH Cahela's&nllary Sciyer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101704
Revised April 2,20[4
00 i2 43- I
Dev[toper Am Eirded I'ral4e[Agretnnenl
I SECTION 00 52 43
2 AGREEMI-NT
3 THIS AGREEMENT, authorized on _7/22/19_is made by and between the Developer,
4 Cabela's Wholesale LLC, authorized to do bLISineSs in Texas ("Developer") , and Parkway C
5 & A, LP , authorized to do business in Texas, acting by and through its duly
6 authorized representative, ("Contractor").
7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1. WORK
10 Contractor shall complete all Work as specified oi- indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2.PROJECT
13 The project for which the Wort: under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 Cahela's Sanitary Sewer Extension
16 101704 _
17 Article 3. CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 120 calendar days after the date
23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard
24 City Conditions of the Construction Contract for Developer Awarded Projects.
25 33 Liquidated damages
26 Contractor recognizes that time is of the essence of this Agreement and that Developer
27 will suffer financial loss if the Work is not completed within the times specified in
28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
29 the Standard City Conditions of the Construction Contract for Developer Awarded
30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
32 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 Developer zero Dollars ($0.00) for each day that expires after the time specified in
35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH Cahela's Sanitary Sni-er Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 101704
Revised June 16,2016
I
001243-2
Developer A%%arded 11 roll ccl Ayrecment
Page 2 of 4
36 Article 4. CONTRACT PRICE
37 Developer agrees to pay Contractor for performance of the.Work in accordance -vvith the Contract
38 Documents an amount in current funds of-l-hree-Hundred Fifty-Thousand,Nine-Hundred and
39 Fifty-FOUr Dollars($.350,951).
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42 A. The Contract Documents which comprise the entire agreement between Developer and
43 Contractor concerning the Wort;consist of the following:
44 1. This Agreement.
45 2. Attachments to this Agreement:
46 a. Bid Form (As provided by Developer)
47 1) Proposal Form (DAP Version)
48 2) Prequalification Statement
49 3) State and Federal documents(project.specifrc)
50 b. Insurance ACORD Form(s)
51 c. Payment Bond (DAP Version)
52 d. Performance Bond (DAP Version)
53 e. Maintenance Bond (DAP Version)
54 f Power of Attorney for the Bonds
55 g- Worker's Compensation Affidavit
56 h. MBE andfor SB.E Commitment Form(If required)
57 3. Standard City General Conditions of the Construction Contract for Developer
58 Awarded Projects.
59 4. Supplementary Conditions.
60 5. Specifications specifically made a part of the Contract Documents by attachment
,61 or, if not attached, as incorporated by reference and described in the Table of
62 Contents of the Project's Contract Documents.
63 6. Drawings.
64 7. Addenda.
65 8. Documentation submitted by Contractor prior to Notice of Award.
66 9. The following which may be delivered or issued after the Effective Date of the
67 Agreement and, if issued, become an incorporated part of the Contract Documents:
68 a. Notice to Proceed.
69 b. Field Orders.
70 c. Change Orders.
71 d. Letter of Final Acceptance.
72
73
CITY OF FORT WORTH Crrbela's5anitan�Sewer Ewen.slon
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 101704
Revised tune 16,2016
00 52 43-3
De eIoper AL im-ded Pro.€ed AgrecinenI
Page 3 of 4
74 Article 6. INDEMNIFICATION
75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
76 expense, the city, its officers, servants and employees, from and against any and all
77 claims arising out of, or alleged to arise out of, the work and services to be performed
78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
79 under this contract. This indennification arovision is specifically intended tooperate
80 and be effective even if it is ail! ed or proven that all or some of the damn es bein
81 sought were caused in rvl�ale or iu part b atI aet o���issioi3 or ne li ence of the city.
82 This indemnity provision is intended to include, without limitation, indemnity for
83 costs,expenses and legal fees incurred by the city in defending against such claims and
84 causes of actions.
85
86 6.2 Contractor covenants and .agrees to indemnify and hold harmless, at its own expense,
87 the city,its officers,servants and employees,from and against any and all loss,damage
88 or destruction of property of the city,arising out of,or alleged to arise out of,the work
89 and services to be performed by the contractor, its Officers, agents, employees,
90 subcontractors, licensees or invitees under this contract. This indemnification
91 provision is specifically intended to operate and be effective even if it is alleged or
92 proven that all or some of the damages being sought were caused in whole or in part,
93 by any act,omission or ne li ence of the city.
94
95 Article 7.MISCELLANEOUS
96 7.1 Terms.
97 Terms used in this Agreement are defined in Article I of the Standard City Conditions of
98 the Construction Contract for Developer Awarded Projects.
99 7.2 Assignment of Contract.
100 This Agreement, including all of the Contract Documents may not be assigned by the
101 Contractor without the advanced express written consent of the Developer.
102 7.3 Successors and Assigns.
103 Developer and Contractor each binds itself, its partners, successors, assigns and legal
104 representatives to the other party hereto, in respect to all covenants, agreements and
105 obligations contained in the Contract Documents.
106 7.4 Severability.
107 Any provision or part of the Contract Documents held to be unconstitutional, void or
108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
lag remaining provisions shall continue to be valid and binding upon DEVELOPER and
1I0 CONTRACTOR.
1 11 7.5 Governing Law and Venue. €
112 This Agreement, including all of the Contract Documents is performable in the State of
113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
114 Northern District of Texas,Fort Worth Division.
CITY OF FORT WORTH Cabela's sanilarl,Sever Cxiension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 101704
Revised June I6,2QI6
I
00 52 43-4
Ikveloper Awarded Project Agreement
Page 4 or
115
116 7.6 Authority to Sign.
117 Contractor shall attach evidence of authority to sign Agreement, if other than duly
1 1 S authorized signatory of the Contractor.
119
120 IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
121 counterparts.
122
123 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
124
Contractor: Developer:
-Parkway C&14, LP Cmbi La.S VQ1 jL5-•tilt. t-.>r.G. 1
By. 4,9_4151' Jt4 B ,
Lu,��Wy,_
(Si nature} ignature) 16
Melvin Chadwick Larry
{Printed Name} (Printed Name)
Title: CFO Title: !$gtury,t ColiA 4cl A 6epaq
Company Name: Parkway C&A, LP Company name: Ca,,66a s %N ka1G sm j, I.. —C,
Address. 1000 Civic Circle Address: ,5'00
City/State/Zip: Lewisville,TX 75067 City/State/Zip:
7/22/19 s a b l q
Date Date
125
CITY OF FORT WORTH Cabela:s Sanitary Seiner Eerension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS 101704
Revised June I6,2016
Tj11.-1)A Ii"I'Y AG 8 E ViNI[1',NT
`l'Iiis Tri-1'ai-Iy Agrccutent (I.Itis "Agree tit(•nt") is dated e11ective as of 2019. by
all d belv,,cen CA ELA'S WI101,hSALE. L.L.C., a Nebraska liiitIted IiabiIiIy co tit l)auiv. F11t1a Ca1)eIa's
Wholesale, Inc. (the -Ieveloper"); ClGARS INI'Is11NA'I IONAL 'l.'EXAS, LLC- a Texas Limited
IiahiIit.y co3npany (I.It(- "purchaser"): and PA di KWA Y C & A. L.I'.. a Texas Ii tit lt.ed 1)arniarship (the
"Cori E ract.or""}.
Recitals
Whereas, Developer and 03c City of Fort WortIt (t:he "City") are entering into an Agreement
for the construction of community facilities ill the City by and through a Community Facilities
Agreement., CFA Number CFA 18-0133 (the "CFA")-. such facilities referred to as the Cabela's
SaYtit.ary Sewer Extension;
Whereas, Contractor has entered into a certain written contract with the Developer awarded
of even date herewith (the "Cn33st.ruct.ion Contract") to furnish all materials, equipinetit, labor and
other accessories, in the prosecution of the work tinder the Construction Contract, and the
construction of the Cabela's Sanitary Sewer Extension;
Whereas, Developer and. Purchaser entered into that certain Agreement of Purchase and Sale,
with an effective date of August 28, 2017 (as amended from time to time, the"Purchase Agreement."),
for purchase and sale of certain real property and all improvements, appurtenances, rights and
easements located in the City, as more particularly provided in the Purchase Agreement (tile
"Property"), which Property will be served by the Cabela's Sanitary Sewer Extension,
Whereas, the Property has not been subdivided from Developer's other property and is part
of a subdivision plat to be recorded with the City; However, such subdivision plat cannot be approved
and recorded by the City unless and until the CFA and Construction Contract are executed and
submitted to the City;
Whereas, Purchaser cannot acquire the Property until the subdivision plat has been approved
and recorded by the City;
Whereas, pursuant to the Purchase Agreement, upon the acquisition by Purchaser of the
Property, Purchaser is obligated to replace the financial guarantee of Developer under Article VII of
the CFA and obligated to assume the rights and liabilities of Developer under the Construction
Contract; provided, however, that if Purchaser does not acquire the Property, then such financial
guarantee and Construction Contract shall remain trite responsibility of Developer--
Whereas, Developer, Purchaser and Contractor desire to maintain contracting flexibility
while satisfying and adhering to the requirements of the City to get the subdivision plat approved
and recorded;
Whereas, this Agreement: shall be submitted to the City with the Construction Contract as
"supplementary conditions"; and
NOW, THEREFORE, for and in consideration of the Recitals set forth above which are
incorporated and made a part of this Agreement and the mutual covenants and agreements contained
1
herein. and other good attd -v•aIt+able cottsldt:ratloll. 11tt, recei1)1. allcl sufficiency nl' each. of w11IcII arc
hereby ackuawledged, Developer, PktrcItaser and ColtlracIor hereby agree as 1i.11ows:
1. Prior t.o any work counnencing Illir.ler the Construction Contract (which such work
snail nol commence without the prior ►►'rittclt consent of Developer and Purchaser). the Construction
Contract. in ay: (a) be terminated for alty reasott or no reasoit ►►•ithatII ally hab1111.y: (i) by I)v,,-elo1wI- (if
prior to Construction Contract being assigned to Purchaser, or (ii) by Purchaser (from and aft.cr the
COIlSt.rUCtio ll (i0111.1'act. being aSSignecl 1.0 PEnY:haSel'). Gr (iii) by Contractor (froln and after t.lie
Cons I r Lie I io it Cotrtract being assigned to 11tnrhaser); aitd (b) not be inadif'ied prior to 1.11e acclttisil.ioit
of t he Properly by Purchaser without: Llie written consent. of Developer, Purchaser, and Contractor.
2. Notwrt.lrst.andn.g Section I above, each of Developer and Purchaser separately and
severally covenant and agree ebat., should .it. terminate Ll.e Construction Contract., t.lrat any
replacement contract to construcL the Cabela's Sanitary Sewer Extension shall comply with and
satisfy all City requirements for Developer Awarded Projects prior to any work being performed
under such new contract and prior to commencing the work for die Cabela's Sanitary Server
Extension. CorttracLor acknowledges that any such replacernerrt contract may not be with.
Contractor.
3. All .natters arising out of ❑r relating to this Agreement shall be governed by and
construed in accordance with the internal laws of the State of Texas without giving effect to any
choice or conflict of law provision or rule (wl.ether of the State of Texas or any other jurisdiction). If
any party resorts Lo legal action to enforce any of its rights pursuant,to this agreerncrrt, the prevailing
party will be entitled to recover its costs and expenses associated with such legal action including, but
not limited to, court costs and reasonable attorney's fees incurred. EACH PARTY HERETO
IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY
PROCEEDING ARISING OUT OF THIS AGREEMENT.
4. The parties will use commercially reasonable efforts to cooperate wit:b and assist each
other as may be reasonably necessary or desirable from time to time to implement the terns of this
Agreement and shall execute additional documents as may be reasonably requested by ally party or
the City to carry❑tit Lhe intent of this Agreement.
5. The covenants and agrecrnents set forth l.ercin s#rall be binding upon, and inure to the
benefit of, the respective successors and assigns of the parties hereto. This Agreement may be
executed in any number of multiple counterparts. any or all of which. may be executed and
transmitted by facsimile, email, or otl.er electronic delivery and each of which, when executed; shall
constitute an originally executed document.
[Signalure Page(s) Follow)
The parties hereto have executed this Tri-i'arl.y Agreemecil. to be effective as of the day and
year firsl written above.
DEVELOPER:
CAB] LA'S WIIOLESAIJ. , L.L.C.
By: Y N j
Name: Larr y K '-l Ckt,r Ala
Its: G@Agral Coujh s k1 CS Groap V. g
PURCHASER:
CIGARS INTERNATIONAL TEXAS, LLC
By:
Name:
Its:
By:
Name:
Its:
CONTRACTOR:
PARKWAY C&A, L.P.
By
Name( 4b Vlf► Ch0id Wi Gk.
Its: C J
3
The parties hereto have executed this Tri-Party Agreement to be effective as of the day and
year first written above,
DEVELOPER:
CABELA'S WHOLESALE, L.L.C.
By:
Name:
Its.
PURCHASER:
CIGARS INTERNATIONAL TEXAS, LLC
By:
Name:
Its:
By:
Name-
Its: �o`75lJTC�
CONTRACTOR;
PARKWAY C&A, L.P.
By:
Name:
Its:
3
004213-1
PERFORMANCE BOND
Page r of 2
} SECTION 00 62 13
? PERFORMANCE BOND
3 Bond No, 30711.1198
4
5 THE STATE OF TEXAS §
G § KNOW ALL BY THESE PRESENTS:
7 COUNTY OF TARRANT §
S That we,Parkwav C &C A LP , knoyvn as"Principal" herein and
9 Travelers Casualty and Surety Company of America , a corporate sure y(sureties, if more
10 than one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether
I l one or more), are held and firmly bound unto the Developer, Cabela's Wholesale, LLC,
12 authorized to do business in Texas(.:Developer")and the City of Fort Worth,a Texas n1unicipal
13 corporation("City"), in the penal sum of, FIFTY SIX T11DUSAND EIGHT IgUNDRED FIFTY
14 ON AND 001100 Dollars($56 SAS I.00), faivfuI imney of the United States,to be paid in Fort
15 Worth,Tarrant County,Texas for the payment of which surn,�vell and truly to be made joimly
16 unto the Developer and the C ity as dual ob]igees,we bind ourselves, our heirs,executors,
17 administrators,successors and assigns,jointly and severally,firinly by these presents.
Is WHEREAS, Developer andCity have entered into an Agreement for tIle construction of
1.9 colrrrrrtrnity facilities in the City of Fort Worth by and through a Community Facilities
20 Agreement, CFA'Ntamber CFAI8-0133;and
21 WHEREAS,the Principal has entered into a certain written contract with the Developer awarded
22 the 22nd day of—1y,2019,which Contract is hereby referred to and nude a part hereof for all
23 purposes as if fu11),set forth Herein,to furnisli all rnater•ials,equipment labor and other accessories
24 defined by law,in the prosecution of the Work, including any Change Orders,as provided for in
25 said Contract designated as Cabela's•S'cmitary Serer Extension.
26 NONA,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
28 faithfully perform the Work, including Change Drdeas,under the Conti-act,according;to the plans,
29 specifications,and contract documents therein referred to,and as wall during any period of
30 extension of the Contract that may be gran on the part of the Developer and/or City,then#his
31 obligation shall be and become null and void, otherwise to remain in Rill force and effect.
CITY OF FORT WORTH (:ulreIrr's er E-kfetwun
STANDARD CITY C0\1D[TI(3NS--M--vE1.0I'I,R AWARDFt7 PROJECFS 101-104
Rcviscr�January�1,2G12
0062 33
PERFORMANCE BOND
Page 2 of 2
1 PROVIDED FURTHER,that if any legal action be filed on this Bonet,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 SEALED
8 this instrument by duly authorized agents and officers on this the 22"d day ofJuly 2019.
9 PRINCIPAL:
10 Parkwa v C&AA�
11
12 BY:
13 Signature
14 ATTEST: bo
15
1b � Rrl
17 (Principal)Secretary Na and Title T
18 _
19 Address: 1000 Civic Circle
20 Lewisville,TX 75067
77 ; Gum+ —
23 Wijiess as to Principal
�4 SURETY:
25 Travelers Casualty and Surety Company_
26 of America
?7 ,, !
29 Signature
30
31 Connie Jean Kre+oel, Attorney-in-Pact
32 Name and Title
33
34 Address:One Tower Square
35 HanFord._CT f15183
36
37
38 Wifnsss as to Surety, Yesenia Alvarado Telephone Number:L860)277-011.1
39
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
44 The date of the bond shall not be prior to the dale the Contract is awarded.
CITY OF FORT WORTH .+l�iN• 4+�r++•+ w++,-r f+rnr.rm
STANDARD CITY CONDITIONS_DE'•VEWPER AWARDED PROJECTS
Revised January 31.2012
00 G2 14-1
PAYMENT BOND
Page I of 2
1 SECTION 00 62 14
2 PAYMENT BOND
3 BOND NO: 1107111198
4 THE STATE QF'TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Parkway C&A,LP ,known as"Principal"herein, and
8 Travelers_Casualty and Surety Campy of America -- -*a corporate surety( or sureties if more
9 than one),duly authorized to do business in the State of Texas,known as"Surety"herein
14 (whether one or snore),are held and firmly bound unto the Developer,Cabela's Wholesale, LLC,
I I authorized to do business in Texas"(Developer"), and the City of Fort Worth, a Texas municipal
12 corporation ("City"), in the penal suer of FIFTY SIX T1-JOUSAN❑ EIGHT HUNDRED FIFTY
13 ONE AND 00/1 Q0 Dollars($55.95€.00), lawful money of the United States, to be paid in Fort
14 Worth,Tarrant County,Texas,for the payment of which suns well and truly be made jointly unto
15 the Developer and the City as dual obligees, we bind ourselves,our heirs,executors,
16 administrators, successors and assigns,jointly and severally,firmly by these presents:
17 WHERE,AS, Developer and City have entered into an Agreement for the construction of
is community facilities in the City of Fort Worth, by and through a Coni-riunity Facilities
19 A-reernent,CFA Number CFA1S-01.33.and
20 WHEREAS, Principal has entered into a certain written Contract with Developer,
21 awarded the 22' day of Its, 2019, which Contract is hereby referred to arras made a part hereof
22 for all purposes as if full), set forth herein, to furnish all materials, equipment, labor and other
23 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
24 designated as Cabelct'r Sanilo?-y Sewer Exlension.
23 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 an;ended.) in the prosecution of the Work under
28 the Contract, then this obligation shall be and becorne null and void, otherwise to remain in full
29 force and effect.
30 This bond is made and executed in compliance with the provisions of Chapter 225"a of the
31 Texas Government Cade, as amended, and all liabilities on this bond shall be determined in
32 accordance with the provisions of said statute.
CITY OF FoR'r woit'rH t'rr17,kr'r.C��r�lrl�l'irt��r l::rfd�a+rr»i
STANDARD CITY CONt71 HONS-DEVEk.0VFR AWARDFD PROJECTS lell71)4
Kcviscd 3anuary 31,2012
006214-2
PAY-TENT BOND
Pare 2 of 2
1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 22nd day of July,2019.
3
PRINCIPAL:
Parkway C&A L
ATTEST: BY: U/1/�—•
Signature
Ms �0&too
PrtnciP al) Secretary Name an itie
Address: 1000 Civic Circle
r �( Lewisville.TX 75067
Wi r�as to Principal
v
SURETY:
Travelers Casualty_and_Surety_Company
of America
ATTEST: BY: _
Signature
See Power of Attorney Connie Jean Kregel.Attorney-in-Fart
(Surety)Secretary Name and Title
Address: One'rower Square
Hartford,CT 06183
-W mess as to Surety. Yesenia Alvarado
Telephone Number: (860)277-01 l 1,
4
5 Note: if signed by an officer of the Surety, there ]must be on file a certified extract from the
6 bylaws showing that this person has authority to sign such obligation. If Surety's physical
7 address is different From its mailing address,both must be provided.
8
9 The date of the bond shall not be prior to the date the Contract is awarded.
10 END OF SECTION
CITY OF FORT WORTH
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS
Reviscd January 31.2012
00 62 19-f
N1AtN'rCNANCF BOND
I'4;c i aF3
I SECTION 00 62 19
2 MA.INTENANCE BOND
3 Band; Nu: 107111198
4
5 THE STATE OF TEXAS §
6 § KNOW ALL BY THESE PRESENTS;
7 COUNTY OF TARRANT §
a That we Parkwav C &A. LP , known as"Principal"herein and
9 Travelers Casualty and Surety Company of America__ _, a corporate surety(sureties, if more
10 than one)duly authorized to do business in the State ofTexas, known as"Surety"herein(whether
1 l one or more), are held and firmly bound unto the Developer, Cabela's Wholesale, LLC
12 authorized to do business in Texas("Developer")and the City of Port Worth,a Texas municipal
13 corporation(`:City"), in the sum or FIFTY SIX THOUSAND EIGIIT I-CUNDRED FIFTY ONE
14 AND 00/100 Dollars( 56 8, S 1,00�, lawful money of the United States,to be paid in Fort Worth,
15 Tarrant-County,Texas, for payment of which sum well and truly be made jointly unto the
16 Developer and the City as dual obligees and their successors, we Enid ourselves, our heirs,
17 executors, administrators, successors and assigns,jointly and severally, firmly by tltese presents.
18
19 WHEREAS, Developer and City have entered into an Agreement for the construction of
20 community facilities in the City of Fort Worth by and through a Community Facilities
21 Agreement,CFA Number CFAl 8-0133
22 WHEREAS,the Principal has entered into a certain written col7tract with the Developer
23 awarded the 22"`f day of July ,2019 which Contract is hereby referred
24 to and a made part hereof for all purposes as if fully set forth herein, to Furnish all materials,
25 equipment labor and other accessories as defined by law, in the prosecution of the Work,
26 ineludin;any Work resulting from a duly authorized Change Order(collectively herein,the
27 "Work")as provided for in said Contract and designated as Cabeda's=Sanitar3}Sexe► Exlension;
28 and
79
30 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
31 accordance with the plans,specifications and.Contract Documents that the Work is and will
32 reinain free from defects in materials or workmanship for and during the period of two 2 years
33 after the date of Final Acceptance of the Work by the City(";Maintenance Period"); and
34
CITY OF FORT WORTH Sewer h.ri »stul?
STANDARDCITY CONDITIONS—DEVELOPER AWARDEDt'R'OJE(71-S 101104
Revised Jaiuiary3l.M2
MAIN I ENANCE BOND
Pane 2 of 3
1 WHEREAS, Principal hinds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the Developer and/or City of the freed 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 farce and effeck.
9
10 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely
I 1 noticed defective Work, it is agreed that the Developer or City may cause any and all such
12 defective Work to he repaired and/or reconstmaed with all associated costs thereof Being borne
13 by the Principal and the Surety trader this Maintenance Bond; and
14
15 PROVIDED FURTHER,that if any legal action be filets on this Bond,venue shall lie in
16 Talrant County,Texas or the United States District Court for the Northern.District of Texas, Folt
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
Cr1'Y OF FQi�"1'�'tiC7Ii"I'I I ['chc'lr:r 5rrsiirun'S�u•cr'[:.t'ie+�srrrn
STANDARD CITY CONDITIONS—DEVI-10111HR AWAPMED 11110JECTS 11YJ1114
Atvked Jmuary 31,2012
00 62 19-3
MAINTENANCE BOND
Pne 3 of 3
1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the 22"d day of July,20I9.
3
4 PRINCIPAL.:
5 Parkwav C&A L
6
7
8 BY: _
9 Signature
10 ATTEST:
12
�cipal) �-
13 reta Nam and Title[ rY
V_4
14
15 Address: 1000 Civic-Circle
16 Lewisville X 75067
17
18 __
19 Witness as to Principal
20 SURETY:
21 Travelers Casualty and Surety Company
22 of America
23
24 BY:
25 Si mature
26
27 Connie Jean Kre¢el Attornev-in-Fact
28 ATTEST: — .Name and Title
29
30 See-Rower of Attorney Address:One Tower Square
31 (Surety)Secretary I.lartford.CT 06183
32
33 _ _-
34 Witness as to Surety,Yesenia Alvarado Telephone Number:(860)277-01 1 1
35 `
36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
37 from the by-laws showing that this person has authority to sign such obligation. If
38 Surety s physical address is different from its mailing address, both must be provided.
39
40 The date of the bond shall not be prior to the date the Contract is awarded.
41
CITY OF FORT WORTH
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS
Revised January 31.2012
Travelers Casualty and Surety Company of America
. II Travelers Casualty and Surety Company
TRAVELE J St.Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.
Paul Fire and Marine insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint Connie.lean Kreget of Plano
Texas .their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
]N W#TNESS WHEREOF,the Companies have caused this Instrument to be signed,and th ei r corp orate seals to be he re to affixed,this 3rd day of February,
2017.
��� s y,Sr AMDa ekn*�
COWL Q
State of Connecticut
By:
City of Hartford ss. Robert L.Raney,Sehlor Vice President
On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument far the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof.I hereunto set my hand and official seal.
p:TEt
My Commission expires the 3[Sth day of.3une,2021
0� * * Mans C.Tetreautt,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in
full force and effect,reading as follows:
RESOLV1:0.that the Chairman,the President,any Vice Chairman,any Executive Vice Presidant, any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-In-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her cert111icate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a
bond,recognizance,or ccnd III onaI undertaking,a.nd any of said officers ortha Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is
FURTHER RESOLVED,that the Chairman, the President, any Vice Chairman,any Execttive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or mare officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVI D.that any band,recognizance.contract of indemnity,or writing obligatory in the nature of a bond.recognizance.or conditional
undertaking shall be valid anti binding upon the Company when(a)signed by the President,any Vice Chairman,any Fxecutive Vice President,any Senior
Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority:and It Is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary.any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power
of Alto may or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be vatid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Sursty Company of America, Travelers Casually and Surety
Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing Is a true and correct copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 22nd day of July 2019
ysw4� •"+c it
q
w�rrcrc � cowo^ e
Kevin F.Hughes,Assistant Secretary
To verify the authenticity of this bower of Attorney,please call us at 1400-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached
TEXAS - INFORMATION OR COMPLAINTS NOTICE
To obtain information or make a complaint:
You may call Travelers toll-free telephone number for information or to make a complaint at:
1-800-328-2189
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
PO Box 149104
Austin,TX 78714-9104
Fax(512)475-1771
Web: ,12 Irwytvr td� texas gov
E-mail: ConsumerProtec{ipn[tdi texas.gov
PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should
contact your Agent or Travelers 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.
AVIS❑ IMPORTANTE—
INFORMAC& O QUEJAS -TEXAS
Usted puede flamar al numero de telefono gratis de Travelers para informaci$n o para someter una queja al:
1-800-328-2189
Puede comunicarse can el Departamento de Seguros de Texas para obtener informacidn acerca de companies,
coberturas, derechos o quejes al:
1-800-252-3439
Puede escribir al
Departamento de Seguros de Texas
PO Box 149104
Austin, TX 78714-9104
Fax(512)475-1771
Well: 1-:t1pJ,yrww tdi_[e,xaS,_QQy
E-mail: ConsumerProtectionStd,texas go
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Agente o Travelers primero. Si no
se resuelve la disputa,Puede entonces comunicarse con el departamento(TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso as solo para proposito de Informaci6n y no se convierte en parte o
condicion del documento adjunto.
NTC-19023 Ed.05-13 Page 1 of 1
fD 2013 The Travelers Indemnity Company. All rights reserved.
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH
STANDARD CITY CONDITIONS—DEVELOPER AWART)FD PROJECTS
Revised:January 10,2013
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER. AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 —Definitions and Tenninology............................................................................... .
1.01 Defined Terms............................................................................................................................... 1
1.02 Terminology..................................................................................................................................5
Article2—Preliminary Matters.........................................................................................................................6
2.01 Before Starting Construction................................................_.....................................................6
2.02 Preconstruction Conference..........................................................................................................6
2.03 Public Meeting........................................................... ...6
Article 3 --Contract Documents and Amending...............................................................................................6
3.01 Reference Standards .......................................................... ..........................................................6
3.02 Amending and Supplementing Contract Documents ..................................................................6
Article 4— Bonds and insurance.....................................................................•.............. ..............................7
4.01 Licensed Sureties and insurers...................................................................................................-7
4.02 Performance, Payment, and Maintenance Bonds........................................................................7
4.03 Certificates of insurance...........................:...................................................................................7
4.04 Contractor's Insurance........................................................................................................ .........9
4.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 12
Article 5 —Contractor's Responsibilities........................................................................................................12
5.01 Supervision and Superintendent............................................. ...................................................12
5.02 Labor;Working Hours..................................................... ..._ .................................................. 13
5.03 Services, Materials, and Equipment......................................
5.04 Project Schedule................................................... ......................................................................14
5.05 Substitutes and "Or-Equals......................................................................................................... 14
5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors).....................................16
5.07 Concerning Subcontractors, Suppliers,and Others................................................................... 16
5.08 Wage Rates.................................................................................................................................. 18
5.09 Patent Fees and Royalties........................................................................................................... 19
5.10 Laws and Regulations................................................................................................................. 19
5.11 Use of Site and Other Areas........................................................................................................ 19
5.12 Record Documents.............................................................................................. .....................20
5.13 Safety and Protection........................................................................ .........................................21
5.14 Safety Representative .................................................................................................................21
5.t5 Hazard Communication Programs......................................... ..........,.........................22
5.16 Submittals....................................................................................................................................22
5.17 Contractor's General Warranty and Guarantee..........................................................................23
CITY OF FORT WORTH
STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
5.18 Indemnification...........................................................................................................................24
5.19 Delegation of Professional Design Services..............................................................................24
5.20 Right to Audit: :........*............*...*............... 2S
5.21 Nondiscrimination.......................................................................................................................25
Article6--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 ConstTuction...........................................................................27
8.01 City's Project Representative..........................................................................................
8.02 Authorized Variations in Work.....................................••---........................................................27
8.03 Rejecting Defective Work..........................................................................................................27
8.04 Determinations for Work Perforsned............................................................. .......................28
Article 9-Changes in the Work................................................................................................ ................28
9.01 Authorized Changes in the Work....................•-.........................................................................28
9.02 Notification to Surety..................................................•----••---......................................................28
Article 10-Change of Contract Price; Change of Contract Time................................................................28
10.01 Change of Contract Price........................................................................•-------- .-----..............28
10.02 Change of Contract Time............................................................................................................28
10.03 Delays.......................•--------•---•---...................................................................................---..__......28
Article 11 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................29
11.01 Notice of Defects........................................................................................................................29
11.02 Access to Work.....................••-----.................................................................. ........29
11.03 Tests and Inspections.................................................------. .......29
..........................
11.04 Uncovering Work..-------••.............................................................................................-...............30
11.05 City May Stop the Work..............................................................................................................30
11.06 Correction or Removal of Defective Work................................................................................30
11.07 Correction Period....... ................................................................................................................30
11.08 City May Correct Defective Work.............................•--••-•-•---............-•---...................................31
Article 12-Completion.......................................
12.01 Contractor's Warranty of Title...............................................................................•. .......32
12.02 Partial Utilization.............................................................. .........................................................32
12.03 Final Inspection...........................................................................................................................32
12.04 final Acceptance................................... ......................-..............................................................33
Article13-Suspension of Work....................................................................................................................33
13.01 City May Suspend Work............................................................................................................33
Article 14-Miscellaneous............................................. .......34
14.01 Giving Notice........................................
CITY OF FORT WORTH
STANDARD CITY CONDMONS-DEVT•.LOPER AWARDED PROJECTS
Revised-January 10,2013
i
14.02 Computation of Times................................................................................................................34
14.03 Cumulative Rernedies.................................................................................................................34
14.44 Sunwal of Obligations...............................................................................................................35
14.45 Headings......................... .. ..... ..... 35
.............. ............................. .............. ........................................
CITY OF FORT WORTH
STANDARD CITY CONDITIONS-.DEVELOPER ANVARDED PROJECTS
Revised:January 10,2013
00 73 10-1
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 1 aF35
ARTICLE I ----DEFINITIONS AND TERMINOLOGY
1.01 Defined Terrns
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
general ly capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
t. Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business DaY— A business day is defined as a day that the City conducts normal business,
generally Monday through Friday,except for federal or state holidays observed by the City.
4. Buzzsaw---City's on-line, electronic document management and collaboration system.
5. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight.
b. City— The City of Fort ?''north, Texas, a Texas honie-rule municipal corporation, acting bti;
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 tit,ithin the Cittr public right-of-
way or easement: Water, Sanitary Sewer, Street, Storin Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-wav dedicated as private right-of-
wav or easement on a recorded plat.
8. Contract—The entire and integrated written document incoiporating the Contract
Documents bewwen the Developer, Contractor, andl'or City concerning the Work. The
Contract super seder prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents—Those items that make tip the contract and which must include the
Agreement, and it's attachments such as standard construction specifications, standard Cite
Conditions, othergeneral conditions of the Developer, including:
a. An Agreement
CITY OF FORT WORTH
STANDARD CITY CO,INDITIONS—DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
0073 10-2
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 2 ar35
b. Attachments to the Agreement
i. Bid Form
Vendor Compliance with State Law Nan-Resident Bidder
Prequalification Statement
C. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
C. Payment Bond
f. Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation Affidavit
j. MWBE Commitment Farm(if required by City)
k. General Conditions
1. Supplementary Conditions
M. The Standard City Conditions
n. Specifications specifically made part of the Contract Documents by attachment, if
not attached, as incorporated by reference and described in the Table of Contents of
the Project's Contract Documents
o. Drawings
P. Documentation submitted by contractor prior to Notice of Award.
q. The following which may be delivered or issued after the effective date if the
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
iii. Change Orders
iv. Letters of Final Acceptance
r. Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10. Contractor -The individual or entity with whom Developerhas 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 peg formed by
Contractor, Submittals are not Drawings as so defined. 1
14, Engineer—The licetised professional engineer or engineering firma registered in the State of 1
Texas pe�forinin,professional services.for the Developer.
15. Final Acceptance- The written notice given by the City to the Developer andlor Contractor
that the Mork 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:]auumy 10,2013
0073 10-3
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Pane 3 of35
16. Final Inspection — Inspection carried out by the City to veri.f, that the Contractor has
completed the Work, and each and every part or appurtenance thereof,f dlv, entirely, and in
conformance with the Contract Documents.
17. General ReguirementsA 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 or der s 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. Milesione—A principal event specified in the Contract Documents relating to all
intermediate Conti-act Time prior to Final Acceptance of the Work.
21. Non-Participating Change Order—A document, which is prepared far and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in fire Work or all 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 oil
or after the Effective Date of the Agreement.
23. Plans—See definition of Drawings.
24. Project ScheduleA schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Thne.
25. Project--The Work to be pet formed under the Contract Documents.
26. Project Representative—The authorized representative of the City, who will be assigned to
the Site.
27. Public Meeting — Air announced meeting conducted by the Developer to facilitate public
participation and to assist the public ill gaining an informed view of'tile Project.
28. Regular ff'or•king Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thrit Friday(excluding legal holidays).
29. Samples-Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which Stich
portion of the Work will be.judged.
CITY OF PORT WORTH
STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS
Rcviscd:Janaary 10,2013
0073 10-4
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 4 of 35
30. Schedule of Submittals A schedule, prepared and maintained by Contractor, of 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 Cite or
Developer upon which the Work is to be performed, including rights-of-wql; permits, and
easements for access thereto, and such other landLs furnished by City or Developer which are
designated for•the use of Contractor.
32. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, sywems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
Specifications may be.specifically made a part of the Contract Documents by attachment or,
if not attached, may be incorporated by reference as indicated it? the Table of Contents
(Division 00 00 00) of each project.
33. Standard City Conditions— That part of the Contract Documents setting forth requirements
of,the City.
34. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted kv
Contractor to illustrate some portion of the Work.
36. Superintendent— The representative of the Contractor who is available at all times and able
to receive instructions from the City andlor Developer and to act for the Contractor.
37. Supplementary Conditions---That part of the Contract Documents which amends or
supplements the General Conditions.
38, Suppliers A wanufacturer;fabricator; supplier, distributor, rnaterialinan, 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 Sitheorrtractor.
39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, taniti s, 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• carrnrrrunications,
cable television, water, wastewater. storm.. water, other liquids or chemicals, or traffic or
other control systems.
40. Weekend K`orking Hours—Hours beginning at 9:00 a.in. and ending at 5:00 p.in., Saturday,
Sunday or legal holiday, as approved in advance by the City.
CITY OF FORT WORTH
STANDARD CITY CON DIT20NS-DEVELOPER ANVARaE❑PROJECTS
Revised:January 10,2013
0073 10-5
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 5 of35
41. Work--The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of peifornaing
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 Dav --- A worIcing dray is defined as a day; not including Saturdays, Sunda}.'s, or
legal holidays authorized bt, the Citv for contract purposes, in which weather or other
conditions not under the control of the Contractor will permit the per,fornaance of the
principal unit of rvorlL underway for a continuous period of not less than 7 hours beta.=eerl 7
a.nz. and 6 p.na.
1.02 Terminologv
A. The words and terms discussed in Paragraph 1.02.13 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:
l. 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, sliall mean
fitmishing 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:Januaiy 10,2013
0073 I0-6
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 6 of 35
ARTICLE 2—PRELIMINARY MATTERS
2.01 Befaj e Starting Consti action
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 Pmconstructfon 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 Refei-ence 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 instwtion 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 Suppleinenting Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terns 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 Tillie, may be
authorized,by one or more of the following ways:
1. A Field Order;
C[TY OF FORT WORTH
STANDARD CITY CONDMONS-DEVELOPER AWARDED PROJFCTS
Revised:Januaq 10,2013
i
i
0073 10-7
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 7 or35
1. City's or Engineer's review of a Submittal(subject to the provisions of Paragraph 5.1 b.C); or
2. City's written interpretation or clarification.
ARTICLE 4—BONDS AND INSURANCE
4.01 Licensed Sureties and Insur•er:r
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 Perfor-mance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Governlllent Code Chapter 2253 or successor statute, each in all amount
equal to the Contract Price as security for the faithfrril performance and payment of all of
Contractor's obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2)years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are narned in the list
of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after-the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions certificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS—DEVELOPERAWARDED PROJECTS
Rcviscd:January IU,2013
f
0073 10-8
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 8 of35
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 ir>ust 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 Keay 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 fornn of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is clanus-made and the retroactive date. The insurance coverage shall,
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period,whichever is
longer, An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage,nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
CITY OF FORT WORTH
STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
0073 10-9
Standard City Conditions Of The Construction Contract For Developer Awarded Proiaots
Page 9 of 35
lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups,must also be approved by City.
10. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a
first-dollar basis, must be 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 shalt not be required where policy provisions are established by
law or regulations binding upon either-party or the underwriter on any such policies.
11 City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
4N 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 perforrn 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 C01,ID1TrONS.--DEVELOPER AWARDED PROTECTS
Revised:January 10,2013
0073 10-10
Standard City Conditions of The Construction Contract For Developer Awarded Projects
Page I 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
prelnisesloperations, 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 mininnun limits of:
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
3. The policy must have an endorsement (Arnendtnent — 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. rlutoinobile 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 darnage arising out of the worts,
]nai.ntenance 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:
ra. Automobile Liability - a corrunercial 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 I0,2013
0073 10-11
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page I I of 35
1) $1,000,000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident 1
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
1. The Contractor's construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by: None
G`DILL the name of the railroad company. {[f non;:.Ilz,n writs n011c1
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a "Right of Entry Agreement"with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right-of-entry(if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or construction access roads crossing said railroad company's
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a. General Aggregate: None
[Inter limit;provided h� Railroad Company tII'nnne.«file noncl
b. Each Occurrence: : None
Enter Iinaits pit.ided by Railroad Company(If none,write nine)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at-grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights-of-
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way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c. If, in addition to a grade separation or an at-grade crossing, other work or activity is
proposed on a railroad company's right-of-way at a location entirely separate from the
grade separation or at-grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company's
right-of-way, alf 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 ft.trnished 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 Cornpany 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 o f insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section,
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
.of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates for 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.
I
ARTICLE 5—CONTRACTOR'S RESPONSIBILITIES
5.01 Supe)vision 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
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Work in accordance with the Contract Docwnents. 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 shalt 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; if7bi(Ling Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site,
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication)to perform Work:
1, for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior- to the legal
holiday.
5.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, eater, 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 rust to the benefit
of City. if required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source,kind,and quality of materials and equipment.
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STANDARD CITY CONRITTONS—DEVELOPER AWARDED PROJECTS
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.44 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.
I. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.41 and
the General Requirements)proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by participating change orders.
5.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is specified.or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and duality 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 foi-review under the circumstances described below.
l. "Qr-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
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STANDARD CITY CONDITIONS—DEVELOP.ER AWARDED PROJECTS
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2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or-equal" item udder 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
earned 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. perfonn 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 achievernent 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 itelri;
in. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales,maintenance, repair, and replacement services; and
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4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute itern, including costs of redesign and Darnage
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 tilde 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 Carder in the case of a substitute and an
accepted Submittal for an"or-equal. City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnift and hold harmless City and aaryone directly or indireetly employed Ut, thean from and
against any, and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of'substituted materials or equipment.
E. City's Cost Reimbursement: City will. record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B, Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre--Qualification of Bidders (Prune Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre-qualification
5.07 Coneerning Subcontractors, Suppliers, and Others
A. Minority and F,Vomen Owned Business Enterprise Compliance:
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Page 17 of 35
❑ Required for this Contract.
(C]icck diiti box if th,:rc is any City Pall ici Pat i011)
® Not.Required for this Contract.
It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City's MWBE Ordinance(as amended.)by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures Outlined in the
Ordinance.
3. Contractor- shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities perfon-ning or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor,
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
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Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
❑ Required for this Contract.
® Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code(as aJnended), 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 qI' Violations and Citv 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 berm, subtracted from successive progress payments pending a final determination
of the violation.
D. Arhitration 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 binditzg 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 tinder this section do not agree on an arbitrator before the 1 lilt day after the date that
arbitration is requited, 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 patties 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 retards that show (i) the name and
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occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and(ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of fVage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all tines.
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 Rgvalties
A. To the,(idlest extent permitted by Lars and Regulations, Contractor shall indemnify and hold
harmless CiA;,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 courl
or arbitration or other dispute resolution costs) arising out of or-relating to an),it ji•ingement of
patent rights oa•copyrights incident to the use in the perfortnance of the Mork or resulting f om
the incorporation in the Work of any invention, design,process, product, or device riot 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,
i;
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws l
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. Lirnitatiort orz 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
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other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner Or occupant because of the
performance of the Work, Conti-actor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City;front and
against all claims, costs, losses, and damages arising out of or relating; to any claim or
action, legal or equitable, brought bt,any such owner or occupant against City.
B. Renioi�al of Dehris During Per brmarace 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 oil the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
F. Loading Structures: Contractor shall not Ioad nor permit any part of any structure to be loaded
in any manner that wi 11 endanger the structure, nor shall.Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one(1)record copy of all Drawings, Specifications,Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
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STANDARD CITY CONDMONS—DEVELOPER AWARDED PROJECTS
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Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City 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 prograrns 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 fiom damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal,relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
CITY OF FORT WORTH
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
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5.15 Lazard Communication P1,ogianas
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.
Z. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and Si€�iilar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the inforiliation for the limited purposes required by Paragraph 5.1 G.C.
I 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 shalt not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers,
the use for which intended.and other data as City may require to enable City to review the
submittal for the limited p>-u-Poses required by Paragraph 5.16.C.
B. Where a Submittal is requited by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the.pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's-Revieiti,:
I. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City,s review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
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STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS
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Page 23 oF35
2. City's review and acceptance will not extend to mearis, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section Ql 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 fiat relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Conn-actor's General Wai-i-anty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee,
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of}]Nark that is
not in accordance with the Contract Documents or a release of Contractor's obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City Or any payment related thereto by
City;
4. use Or occupancy of the Work or any part thereof by City,
5. any review and acceptance of a Submittal by City;
h. any inspection,test, or approval by others; or
CITY OF FORT WORTH
STANDARD CITY CONDITIONS--DEVELOPER AWARDED PROJECTS
Rcvise&January 10,2013
Standard City Conditions of The Construction Contract For Developer Awarded Projects
Page 24 o£35
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reason able.promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indernilify, 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, of-
alleged to arise out of the work and services to be pet-formed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY
ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without Iimitation, indemnity for casts, 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 AT 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 Pr ofessional Design Services
A. Contractor will not be. required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, inethods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all perforiTiance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
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C. City 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 confortnance 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 5.1 b.C.
5.20 Right to Audit.•
A. The City reserves the right to audit all projects utilizing City funds
B. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents,papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall ]lave 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 face, color, or national
oilgin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
CITY OF FORT WORTH
STANDARD CITY CONDITTONS—DEVELOPER ANVARDED PROJEC'rS
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ARTICLE G---OTHER WORK AT THE SITE
6.01 Related TVorh at Site
A. City may perform tither 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 wi I be affected,
C, If the proper execution or results of any part of Contractor's Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other- work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects in the work provided by others.
ARTICLE 7—CITY'S RESPONSIBILITIES
7.01 Inspections, Tests, a71d Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Lhnitations on Citv'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 CONDTTIONS—DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 27 of35
7.03 Conipharace 11°itfr Safety Pr•ogr'arn
While at tine 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 CiVs Project Representative
City will provide one or more Project Representative(s) during
set forth in the Contract Documents, the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
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 oil
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 greaten- degree of confidence that the completed Work
will confonrr 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 TVor k
City's Project Representative may authorize mirror 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 shalt perform the Work involved promptly.
8.03 Rejecting Defective iYoric
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.
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8.04 Determinations fog• Work Performed
Contractor will determine the actual quantities and classifications of Work performed, City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data),
ARTICLE 9—CHANGES IN THE WORK
9.01 Authorized Changes in the TVork
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 Conlract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Thne
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
I0.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
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STANDARD CITY CONDITIONS—DEVELOPER AwARDFD PROJECTS
Revised:January 10,2013.
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ARTICLE 11 —TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of'Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected,corrected, or accepted as provided in this Article 13.
11.02 Access to Wo1 k
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their obsel-vation, 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 Jnspeetion.7
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 leaving 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 Conti-actor's purchase thereof for incorporation in the Work.
Such inspections, tests, re-tests, or approvals shalt be perfonned 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 possib..le, with Contractor;
2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City wilt forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. if any Work (or the work of others) that is to be inspected, tested, or approved is covered. by
Contractor without written concurrence of City, Contractor shalt, if requested by City, uncover
such Work for observation.
11.04 Uncovering l'Iroi*
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 Mcry Stop the Wark
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 Removed of De ective 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 retnovat (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work skull not constitute acceptance of such
Work.
13, 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 athetivise 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 teiTns of any applicable special guarantee required by the Contract
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Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
I. repair such defective laud or areas; or
2. correct such defective WorIc; 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 terns of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement(including
but not limited to all costs of repair or replacement of work of others)will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period, City shall provide 30 days written notice to Contractor and
Developer-should such additional warranty coverage be required. Contractor's obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.0G.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor-but which are
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stored elsewhere_ Contractor shall allow City, City's representatives, agents, Consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. Ali claims, costs, losses, and darnages (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 shalt 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 tinder this
Paragraph 11.09.
ARTICLE 12—COMPLETION
12.01 Contractor;s Warranty of Title
Contractor warrants and guarantees that title to all Work, irraterials, 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 detennines 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 reasoinable time after notification as enumerated in Paragraph 14.05.A•1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
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I. 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 t11at
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:
I. All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City)of all Lien rights arising out of or Liens filed in connection with the Work.
S. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been repotted 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 I
13.01 City Mav Suspend Work
A. At any time and without cause, City may suspend die 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 teinporary suspension of the Work covered
by these Contract Documents, for- any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or Negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
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available within a reasonable period of time, Contractor inay request an extension in Contract
Time,directly attributable to any such suspension.
C. If it should became 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 darnaged in any way, and lie shall take every precaution to prevent damage or
deterioration of file 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 deerned 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 Iast 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 deerned sufficient upon confirmation of'receipt by the receiving party.
14.02 Computation af'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 Iast day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day ir€ade a legal holiday the next Working Day shall become the last
day of the period.
14.03 CUMulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in.addition to, and are not to be construed in any way as
a limitation of any rights and remedies available to any or all of there which are otherwise unposed
or available by Laws or Regulations, by special. warrality 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.
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STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS
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14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CITY CONDITIONS W DEVELOPER AWARDED PROJECTS
Revised:January 10,2013
4
of 11 00-1
DAP SUMMARY OF WORK
Paee 1 of 3
l SECTION 01 1100
2 SUMMARY OF WORK
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Summary of Work to be performed in accordance with the Contract Documents
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include,but are not.necessarily limited to:
10 1. Division 0 Bidding Requirements,Contract Forms, and Conditions of the Contract
11 2. Division 1 -General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various items bid.
i5 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 A. Work Covered by Contract Documents
I9 1. Work is to include furnishing all labor,materials,and equipment,and performing
20 all Work necessary for this Construction project as detailed in the Drawings and
21 Specifications.
22 B. Subsidiary Work
23 1. Any and all Work specifically governed by documentary requirements for the
24 project,such as conditions imposed by the.Drawings or Contract Documents in
25 which no specific item for bid has been provided for in the Proposal and the item is
26 not a typical unit bid item included on the standard bid item list, then the item shall
27 be considered as a subsidiary item of Work,the cost of which shall be included in
28 the price bid in the Proposal for various bid items.
29 C. Use of Premises
30 1. Coordinate uses of premises under direction of the City.
31 2. Assume fuII responsibility for protection and safekeeping of materials and
32 equipment stored on the Site.
33 3. Use and occupy only portions of the public streets and alleys,or other public places
34 or other rights-of-way as provided for in the ordinances of the City, as shown in the
35 Contract Documents, or as may be specifically authorized in writing by the City.
36 a. A reasonable amount of tools, materials,and equipment for construction
37 purposes may be stored in such space, but no more than is necessary to avoid
3.9 delay in the construction operations.
CITY OF FORT WORTH Cabela's Sanitary Sever Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—Developer Awarded Projects [Insert Project Number]
Revised December 20,2012
of 1100-2
DAP SUMMARY OF WORK
Page 2 of 3
1 b. Excavated and waste materials shall be stored in such a way as not to interfere
2 with the use of spaces that may designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property,
4 C. If the street is occupied by railroad tracks, the Work shall be carried on in such.
5 manner as not to interfere with the operation of the railroad.
5 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 4 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
11 2. Do not store equipment or material on private property unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of
15 obstructions which.must be removed to make possible proper prosecution of the
16 Work as a part of the project construction operations.
17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,plants,
Is lawns, fences,culverts,curbing, and all other types of structures or improvements,
19 to all water, sewer, and gas lines,to all conduits,overhead pole lines,or
24 appurtenances thereof,including the construction of temporary fences and to all
21 other public or private property adjacent to the Work,
22 5. Notify the proper-representatives of the owners or occupants of the public or private
23 lands of interest in lands which might be affected by the Work.
24 a. Such notice shall be made at least 48 hours in advance of the beginning of the
25 Work.
25 b. Notices shall be applicable to both public and private utility companies and any
27 corporation,company, individual, or other,either as owners or occupants,
.28 whose land or interest in land might be affected by the Work.
29 c. Be responsible for all damage or injury to property of any character resulting
30 from any act, omission, neglect,or misconduct in the manner-or method or
31 execution of the Work, or at any time due to defective work, material,.or-
32 equipment.
33 G. Fence
34 a. Restore all fences encountered and removed during construction of the Project
35 to the original or a better than original condition.
36 b. Erect temporary fencing in place of the fencing removed whenever the Work is
37 not in progress and when the site is vacated overnight, and/or at all tirnes to
38 provide site security.
39 c. The cost for all fence work within easements, including removal, temporary
40 closures and replacement, shall be subsidiary to the various items bid in the
41 project proposal,unless a bid item is specifically provided in the proposal.
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CO11'MUCTrON SPCC'IFICATION DOCUMENTS—I3evcloper Awarded Projects [insert Project Ntimberl
Revised Dixember 20,2012
01 11 00-3
DAP SUMMARY OF WORK
Page 3 of
I 1.5 SUBMITTALS [NOT USEDI
2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED[
3 1.7 CLOSEOUT SUBMITTALS [NOT USED[
4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDI
5 1.9 QUALITY ASSURANCE [NOT USED]
6 1.10 ❑ELIVERY, STORAGE,AND HANDLING [NOT USED]
7 1.11 FIELD [SITEI CONDITIONS [NOT USEDI
S 1.12 WARRANTY INOT USED]
9 PART 2- PRODUCTS [NOT USEDI
10 PART 3- EXECUTION [NOT USEDI
1 I END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
�3
CITY OF FORT WORTH Cab.cla's Sanitary Sewer Extension
STANDARD CONSTRUMOI SPECIFICATION DOCUMENTS—Developer Awarded Projects [Insert Project Number]
Revised December 20,2012
01 31 19- 1
DAP PRF.COINSTRUCTION MEETING
Page 1 of'3
1 SECTION 41 31 19
2 PRECONSTRUCTION MEETING
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes.
6 1. Provisions fax-the preconstruction meeting to be held prior to the start of Work to
7 clarify construction contract administration procedures
8 B. Deviations from this City of Fort Worth Standard Specification
9 1- No construction schedule required unless requested by the City.
10 C. Related Specification Sections include, but are not necessarily limited to:
1 1 I. Division a— Bidding Requirements,Contract Forms and Conditions of the Contract
12 2. Division l —General Requirements
13 I.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
I5 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item,
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Coordination
20 1. Attend preconstruction meeting.
21 2. Repl-esentatives of Contractor, subcontractors and suppliers attending meetings
22 shall be qualified and authorized to act on behalf of the entity each represents.
23 3. Meeting administered by City may be tape recorded.
24 a. If recorded,-tapes will be used to prepare minutes and retained by City for
25 future reference.
26 B. Preconstruction Meeting
27 1. A preconstruction meeting will be held within 14 days after the delivery of the
28 distribution package to the City.
�9 a. The meeting will be scheduled and administered by the City.
30 2. The Project Representative will preside at the meeting,prepare the notes of the
31 meeting and distribute copies of same to all participants who so request by fully
32 completing the attendance form to be circulated at the beginning of the meeting.
33 3. Attendance shall include:
34 a. Developer and Consultant
35 b. Contractor's project manager
36 c. Contractor's superintendent
37 d. Any subcontractor or Stipp]ier representatives whom the Contractor may desire
38 to invite OF the City may request
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION'DOCUMFNTS—DEVELOPER AWARDED PROJECTS aheia's Sanitary n� E Number]
Revised August 30,2013
QI 31 19-2
DAP PRECONSTRUCTION MEETING
Page 2 of 3
1 e. Other City representatives
2 f. Others as appropriate
3 4. Preliminary Agenda may include:
4 a. Introduction of Project Personnel
5 b. General Description of Project
6 c. Status of right-of-way,utility clearances, easements or other pertinent permits
7 d. Contractor's work plan and schedule
8 e. Contract Time
9 f. Notice to Proceed
10 g. Construction Staking
1 I h. Progress Payments
12 i. Extra Work and Change Order Procedures
13 j. Field Orders
14 k. Disposal Site Letter for Waste Material
15 1. Insurance Renewals
16 m. Payroll Certification
17 n. Material Certifications and Quality Control Testing
18 o. Public Safety and Convenience
19 p. Documentation of Pre-Construction Conditions
20 q. Weekend Work Notification
21 r. Legal Bolidays
22 s. Trench Safety Plans
23 t. Confined Space Entry Standards
24 u. Coordination with the City's representative for operations of existing water
25 systems
26 v. Storm Water Pollution Prevention Plan
27 w. Coordination with other Contractors
28 x. Early Walling System
29 y. Contractor Evaluation
30 z. Special Conditions applicable to the project
31 aa. Damages Clailrts
32 bb. Submittal Procedures
33 cc. Substitution Procedures
34 dd. Correspondence Routing
35 ee. Record Drawings
36 ff. Temporary construction facilities
37 gg. MBEISBE procedures
38 hh. Final Acceptance
39 ii. Final Payment
40 J. Questions or Comments
I
CITY OF PORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEV.EWPER AWARDED PROJECTS [Inseat Project Number]
Revised August 30,2013
01 31 19-3
DAP PRECONSTRUCTION MEETING
Paae 3 of 3
1 1.5 SUBMITTALS [NOT USED]
2 1.6 ACTION SUBMITTALSIINFORMATI.ONAL SUBMITTALS [NOT USED}
3 1.7 CLOSEOUT SUBMITTALS [NOT USED]
4 1.8 MAINTENANCE MATERIAL SUBMITTALS INOT USED]
S 1.9 QUALITY ASSURANCE [NOT USEDI
b 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USEDI
7 1.11 FIELD [SITE] CONDITIONS (NOT USEDI
8 1.12 WARRANTY [NOT USED]
9 PART 2- PRODUCTS [NOT USED]
10 PART 3- EXECUTION [NOT USED]
I 1 END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30,2013
01 33 00- I
DAP SUBMITTALS
Page 1 of 8
1 SECTION 0133 00
2 DAP SUBMITTALS
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A- Section Includes;
G 1- General methods and requirements of submissions applicable to the following
7 Work-related submittals:
s a. Shop Drawings
9 b. Product Data(including,Standard. Product.List submittals)
10 c. Samples
11 d. Mock Ups
12 13. Deviations from this City of Fort Wol-tl3 Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 .1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division I —General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
Is A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES jNOT USED
22 1.4 ADMINISTRATIVE REQUIREMENTS
73 A. Coordination
24 1. Notify the City in writing,at the time of submittal, of any deviations in the
25 submittals from the requirements of the Contract Documents.
26 2. Coordination of Submittal Times
27 a. Prepare,prioritize and transmit each submittal sufficiently in advance of
28 performing the related Work.or other applicable activities,or within the time
29 specified in the individual Work Sections,of the Specifications,
34 b. Contractor is responsible such that the installation will not be delayed by
31 processing times including, but not limited to:
32 a) Disapproval and resubmittal (if required)
33 b) Coordination with other submittals
34 e) Testing
35 d) Purchasing
35 e) Fabrication
37 f) Delivery
38 g) Similar sequenced activities
39 c. No extension of time will be authorized because of the Contractor's failure to
40 transmit submittals sufficiently in advance of tilt Work.
CITY OF FORT WORTH
STANDARD CONSTRUCTIONF SPECIFICATION DOCUMENTS—DEVELOPF,R AWARDED PROJFCTS
Revised August 30,20I3 abcla's S Ins rt P oject Number]
01 3300-2
DAP SUBMITTALS
Page 2 of 8
1 d. Make submittals promptly in accordance with approved schedule,and in such
2 sequence as to cause no delay in the Work or in the work of any other
3 contractor.
4 B. Submittal Numbering
5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross-
6 reference identification numbering system in the following manner:
7 a. Use the first 6 digits of the applicable Specification Section Number.
8 b. For the next 2 digits number use numbers 0 1-99 to sequentially number each
9 initial separate item or drawing submitted'under each specific Section number.
10 c. Last use a letter, A-Z,indicating the resubmission of the same drawing(i.e.
1 1 A=2nd submission, 13=3rd submission,C=4th submission,etc.). A typical
12 submittal number would be as follows.
13
14 03 30 00-08-.B
15
16 1) 03 30 00 is the Specification Section for Concrete
17 2) 08 is the eighth initial submittal under this Specification Section
Is 3) B is the third submission(second resubmission)of that particular shop
19 drawing
20 C. Contractor Certification
21 1. Review shop drawings, product data and samples, including those by
22 subcontractors,prior to submission to determine and verify the following:
23 a. Field measurements
24 b. Field construction criteria
25 c. Catalog numbers and similar data
26 d, Confor7mance with the Contract Documents
27 2. Provide each shop drawing, sample and product data submitted by the Contractor
28 with.a Certification Statement affixed including;
29 a. The Contractor's Company name
30 b. Signature of submittal reviewer
31 c. Certification Statement
32 1) "By this submittal, I hereby represent that I have determined and verified
33 field measurements, field construction criteria,materials,dimensions,
34 catalog numbers and similar data and I have checked and coordinated each
35 item with other applicable approved shop drawings."
36 D. Submittal Format
37 1. Fold shop drawings larger than 8 t/z inches x I 1 inches to 8 1/2 incises x 1 1 inches.
38 2. Bind shop drawings and product data sheets together.
39 3. Order
40 a. Cover Sheet
41 1) Description of Packet
42 2) Contractor Certification
43 b. List of items/Table of Contents
44 c. Product Data/Shop Drawings/Samples/Calculatio.ns
45 E. Submittal Content
46 1. The date of submission and the dates of any previous submissions
CITY OF FORT WORTI I C'abf la's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPEC[FICATIONI DOCUMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30,2013
01 33 00-3
DAP SUBMITTALS
Pa.ae 3 of S
1 2. The Project title and number
2 3. Contractor identification
3 4. The names of.
4 a. Contractor
5 b. Supplier
6 c. Manufacturer
7 5. Identification of the product,with the Specification Section number,page and
8 paragraph(s)
9 6. Field dimensions,clearly identified as such
10 7. Relation to adjacent or critical features of the Work or materials
11 8. Applicable standards,such as ASTM or Federal Specification numbers
12 9. Identification by highlighting of deviations from Contract Documents
13 10. Identification by highlighting of revisions on resubmittals
14 11. An 8-inch x 3-inch blank space for Contractor and City stamps
15 F. Shop Drawings
16 1. As specified in individual Work Sections includes,but is not necessarily limited to;
17 a. Custom-prepared data such as fabrication and erectionlinstallation (working)
18 drawings
19 b. Scheduled information
20 c. Setting diagrams
21 d. Actual shopwork manufacturing instructions
22 e. Custom templates
23 f Special wiring diagrams
24 g. Coordination drawings
25 h. Individual system or equipment inspection and test reports including:
26 1) Performance curves and certifications
27 L As applicable to the Work
28 2, Details
29 a. Relation of the various parts to the main members and lines of the structure
30 b.. Where correct fabrication of the Work depends upon field measurements
31 1) Provide such measurements and note on the drawings prior to submitting
32 for approval.
33 G. Product Data
34 1. For submittals.of product data for products included on the City's Standard Product
35 List,clearly identify each item selected for use on the Project.
36 2. For submittals of product data for products not included on the City's Standard
37 Product List,submittal data may include, but is not necessarily limited to:
38 a. Standard prepared data for manufactured products(sometimes referred to as
39 catalog data)
40 1) Such as the manufacturer's product specification and installation
41 instructions
42 2) Availability of colors and patterns
43 3) Manufacturer's printed statements of compliances and applicability
44 4) Roughing-in diagrams and templates
45 5) Catalog cuts
46 6) Product photographs
i
CITY Or FORT WORTH Cabela's Sarii lary Sewer El MIST oil
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS--DEVELOPER AWARDED PROJECTS [Insect Prej&t Number]
Revised.August 30,2013
01 33 00-4
DAP SUBMIT`rAr.S
Page 4 of 8
1 7) Standard wiring diagrams
2 $) Printed performance curves and operational-range diagrams
3 9) Production or quality control inspection and test reports and certifications
4 10) M i 11 reports
5 11) Product operating and maintenance instructions and recommended
6 spare-parts listing and printed product warranties
7 12) As applicable to the Work
8 H. Samples
9 1. As specified in individual Sections, include, but are not necessarily limited to:
10 a. Physical examples of the Work such as:
1 1 1) Sections of manufactured or fabricated Work
12 2) Small cuts or containers of materials
13 3) Complete units of repetitively used products color/texture/pattern swatches
14 and range sets
15 4) Specimens for coordination of visual effect
16 5) Graphic symbols and units of Work to be used by the City for independent
17 inspection and testing, as applicable to the Work
l8 1. Do not start Work requiring a shop drawing, sample or product data nor-any material to
19 be fabricated oI-installed prior to the approval or qualified approval of such item.
20 1. Fabrication performed,materials pureliased or on-site construction accorop I i shed
21 whicli does not conform to approved shop drawings and data is at the Contractor's
22 risk.
23 2. The City will not be liable for any expense or delay due to corrections or remedies
24 required to accomplish conforrrrity.
25 3. Complete project Work, materials,fabrication, and installations in conformance
26 with approved shop drawings,applicable samples, and product data.
27 J. Submittal Distribution
28 1. Electronic Distribution
29 a. Confirm development of Project directory for electronic submittals to be
30 uploaded to City's Buzzsaw site, or another external FTP site approved by the
31 City.
32 b. Shop Drawings
33 1) Upload submittal to designated project directory and notify appropriate
34 City representatives via email of submittal posting.
35 2) Hard Copies
36 a) 3 copies for all.submittals
37 b) if Contractor requires more than I hard copy of Shop Drawings
38 returned, Contractor shall submit more than the number of copies listed
39 above.
40 c. Product Data
41 1) Upload submittal to designated project directory and notify appropriate
42 City representatives via email of submittal posting.
43 2) Hard Copies
44 a) 3 copies for all submittals
45 d. Samples
46 1) Distributed to the Project Representative
47 2. Hard Copy Distribution (if required in lieu of electronic distribution)
CITY OF FORT LVORTi I Cahela's SaF�itary Sewn Gxt,sin,
STANDARD CONSTRUCTION SPLCIFTCATION DOCUMENTS—DF..vCLOPPR AWARDED PROJECTS [Inscri Project Numberl
Revised August 30,2013
Or3300-5
DAP SUBMITTALS
Page 5 of 8
I a. Shop Drawings
2 I) Distributed to the City
3 2) Copies
4 a) 8 copies for mechanical submittals
5 b) 7 copies for all other submittals
6 c) If Contractor requires more than 3 copies of Shop Drawings returned,
7 Contractor shall submit more than the number of copies listed above.
8 b. Product Data
9 1) Distributed to the City
10 2) Copies
11 a) 4 copies
12. c. Samples
13 1.) Distributed to the Project Representative
14 2) Copies
15. a) Submit the number stated in the respective Specification Sections,
16 3. Distribute reproductions of approved shop drawings and.copies of approved
17 product data and samples,where required,to the job site file and elsewhere as
18 directed by the City,
19 a. Provide number of copies as directed by the City but.not exceeding the number
20 previously specified.
2I K. Submittal Review
22 1. The review of shop drawings, data and samples will be for general conformance
23 with the design concept and Contract Documents, This is not to be construed as:
24 a. Permitting any departure from the Contract requirements
25 b. Relieving the Contractor of responsibility for any errors, including details,
26 dimensions, and materials
27 c. Approving departures from details furnished by the City, except as otherwise
28 provided herein
29 2. The review and approval of shop drawings, samples or product data by the City
30 does not relieve the Contractor from his/her responsibility with regard to the
31 fulfillment of the terms of the Contract.
32 a. All risks of error and omission are assumed by the Contractor, and t€le City will
33 have no responsibility therefore.
34 3. The Contractor remains responsible for details and accuracy, for coordinating the
35 Work with all other associated work and trades, for selecting fabrication processes,
36 for techniques of assembly and for performing Work in a safe manner.
37 4. If the shop drawings, data or samples as submitted describe variations and show a
38 departure from the Contract requirements whicil City finds to be in the interest of
39 the City and to be so minor as not to involve a change:in Contract Price or time for
40 performance, the City Inay return the reviewed drawings without noting an
41 exception.
42 5. Submittals will be returned to the Contractor under 1 of the following codes:
43 a. Code I
44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
45 comments on the submittal.
46 a) When returned cinder this code the Contractor may release the
47 equipment and/or material for manufacture.
48 b. Code 2
CITY OF FORT IMORTH Cal)cla's Sunilary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMFNT5—DEVELOPER AWARDED PROJECTS (insert Project Number)
Revised August 30,2013
013300-6
DAP SUBMrlTALS
Page 6 of 8
1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of
2 the notations and comments IS NOT required by the Contractor.
3 a) The Contractor-may release the equipment or material for manufacture;
4 however,all notations and comments must be incorporated into the
5 final product.
6 c. Code 3
7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is
8 assigned when notations and comments are extensive enough to require a
9 resubmittal of the package.
10 a) The Contractor-may release the equipment or-materiat for manufacture;
l 1 however,all notations and comments must be incorporated into the
12 final product.
13 b) This resubrnittal is to address all comments, omissions and
14 non-conforming items that were noted.
15 c) Resubmittal is to be received by the City within 15 Calendar Days of
16 the date of the City's transmittal requiring the resubmittal.
17 d. Code 4
18 l) "NOT APPROVED" is assigned when the submittal does not meet the
19 intent of the Contract Documents.
20 a) The Contractor must resubmit the entire package revised to bring the
21 submittal into conformance.
22 b) It may be necessary to resubmit using a different rnanufacturerlvendor
23 to meet the Contract Documents.
24 6. Resubmittals
25 a. Handled in the same manner as first submittals
26 1) Corrections other than requested by the City
27 2) Marked with revision triangle or other similar method
28 a) At Contractor's risk if not marked
29 b. Submittals for each item will be reviewed no more than twice at the City's
30 expense.
31 1) All subsequent reviews wilt be performed at times convenient to the City
32 and at the Contractor's expense,based on the City's or City
33 Representative's then prevailing rates.
34 2) Provide Contractor reimbursernent to the City within 30 Calendar Days for
35 al I such fees invoiced by the City.
36 c. The need for more than I resubmission or any other delay in obtaining City's
37 review of submittals,will not entitle the Contractor to an extension of Contract
38 Time.
39 7. Partial Submittals
40 a. City reserves the right to not review submittals deemed partial, at the City's
41 discretion.
42 b. Submittals deemed by the City to be not complete will be returned to the
43 Contractor-, and will be considered "Not Approved"until resubmitted.
44 c. The City may at its option provide a list or mark the submittal directing the
45 Contractor to the areas that are incomplete,
46 S. If the Contractor considers any correction indicated on the shop drawings to
47 constitute a change to the Contract Documents,then written notice must be
48 provided thereof to the Developer at least 7 Calendar Days prior to release for
49 manufacture.
CITY Of FORT WORTH Cabela's Sanitary Sever Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DFVFLOPER AWARDED PROJECTS [Insert Project Number]
Revised August 30,2013
013300-7
DAP SUBMITTALS
Page 7 of S
1 9. When the shop drawings have been completed to the satisfaction of the City,the
2 Contractor may carry out the construction in accordance therewith and no further
3 changes therein except upon written instructions from the City.
4 10. Each submittal,appropriately coded,will be returned within 30 Calendar Days
5 following receipt of submittal by the City.
6 L. Mock ups
7 1. Mock Up units as specified in individual Sections, include, but are.not necessarily
8 limited to,complete units of the standard of acceptance for that type of Work to be
9 used on the Project. Remove at the completion of the Work or when directed.
10 M. Qualifications
I 1 1. If specificaI€y required in other-Sections of these Specifications,submit a P.E.
12 Certification for each item required.
13 N. Request for Information(Ri~I)
14 1. Contractor Request for additional information
15 a. Clarification or interpretation of the contract documents
16 b. When the Contractor believes there is a conflict between Contract Documents
17 c. When the Contractor believes there is a conflict between the Drawings and
18 Specifications
19 1) Identify the conflict and request clarification
20 2. Sufficient information shall be attached to permit a written response without further
21 information.
22
23
24
25
26 1.5 SUBMITTALS [NOT USED[
27 1.6 ACTION SUBMITTALSANI+ORMATIONAL SUBMITTALS [NOT USED]
28 1.7 CLOSEOUT SUBMITTALS [NOT USED]
29 .1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE [NOT USED]
31 1.10 ❑ELIVERV, STORAGE,AND HANDLING [NOT USED[
32 1.11 FIELD [SITE] CONDITIONS [NOT USED[
33 1.12 WARRANTY [NOT USED]
CITY OF FORT WORTI I CabeIa's Sanitary 5cwvcr Extcnsion
STANDARD CONSTRUCTION SPECIFICATION DOCui m1 NTS—DEVEL013ER AWARDED PROJECTS [Insert Project Number}
Revised August 30,2013
01 33 00-S
DAP SUBMITTALS
Page 8 of 8
l PART 2- PRODUCTS [NOT USEDI
2 PART 3- EXECUTION [NOT USEDI
3 END OF SECTION
4
Revision Lag
DATE NAME SUMMARY OF CHANGE
12/20/2012 D.Johnson I.4.K.S.Working Days modified to Calendar Days
S
CITY OF PORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTTON SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [h3sett Project Number)
Revised August 30,2013
01 45 23- 1
DAP TESTING AND INSPECTION SERVICES
Page I or2
I SECTION 0145 23
2 TESTING AND INSPECTION SERVICES
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes-
6 1. Testing and inspection services procedures and coordination
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not necessarily limited to:
10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 —General.Requirerrients
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A, Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid,
15 No separate payment Will be allowed for this Item.
16 a. Contractor is responsible for perforniing, coordinating, and payment of all
17 Quality Control testing,
18 b. City is responsible far-performing and payment for first set of Quality
19 Assurance testing.
20 1) If the first Quality Assurance test performed by the City fails,the
21 Contractor is responsible for payment of subsequent Quality Assurance
22 testing until a passing test occurs.
23 a) Final acceptance will not be issued by City until all required payments
24 for testing by Contractor have been paid in full.
25 1.3 REFERENCES [NOT USED]
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Testing
28 1. Conip[etc testing in accordance With the Contract Documents,
29 2. Coordination
30 a. When testing is required to be performed by the City, notify City,sufficiently
31 in advance,when testing is needed.
32 b. When testing is required to be completed by the Contractor, notify City,
33 sufficiently in advance., that testing Will be performed.
34 3. Distribution of Testing Reports
35 a. Electronic Distribution
36 1) Confirm development of Project directory for electronic submittals to be
37 uploaded to City's Buzzsaw site; or another-foram of distribution approved
38 by the City.
CITY OF FORT WORTH Cabela's Sanitary Sewier Extension
STANDARD CONSTRUCTION T SPECIFICATION Dpt UMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Number]
RiMsed August 30,2013
1
01 45 23-2
DAP TESTING AND rNSP.ECTION SERWCES
Page 2 of 2
1 2) Upload test reports to designated project directory and notify appropriate
2 City representatives via email of submittal posting.
3 3) Hard Copies
4 a) I copy for all submittals submitted to the Project Representative
5 b. Hard Copy Distribution(if required in lieu of electronic distribution)
G 1) Tests performed by City
7 a) Distribute 1 hard copy to the Contractor
8 2) Tests performed by the Contractor
9 a) Distribute 3 hard copies to City's Project Representative
10 4. Provide City's Project Representative With trip tickets for each delivered load of
1 i Concrete or Lime material including the following information;
12 a. Name of pit
13 b. Date of delivery
14 c. Material delivered
15 B. Inspection
16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to
17 perform work in accordance With the Contract Docurnerits.
18 1.5 SUBMITTALS [NOT USED]
19 1.6 ACTION SUB MITTALSIINFORNIATIONAL SUBMITTALS [NOT USED]
20 1.7 CLOSEOUT SUBMITTALS [NOT USED]
21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
22 1.9 QUALITY ASSURANCE [NOT USED]
23 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED]
24 1.11 FIELD [SITE] CONDITIONS [NOT USED]
25 1.12 WARRANTY [NOT USED]
26 PART 2- PRODUCTS [NOT USED[
27 PART 3- EXECUTION INOT USED]
28 END OF SECTION
29
Revision Lob
DATE NAME SUMMARY OF C-lANI GE
30
CITY OF FORT WORTH Cabela's Sanitary Sewer Extensiorn
STANDARD CONSTRUCTION SPECINCATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Inscii Projec[Numbeij
Revised August 34.2013
015713- I
DAP STORM WATER POLLUTION PRFVENTION
Page 1 of 3
1 SECTION 0157 13
2 STORM WATER POLLUTION PREVENTION
3 PA.RTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Procedures for Storm Water Pollution Prevention Plans
7 B. Deviations from this City of Fort Worth Standard Specification
S 1. None.
9 C. Related Specification Sections include,but are not necessarily limited to:
10 L Division 0— Bidding Requirements, Contract Forms and Conditions of the
l 1 Contract
12 2. Division l —General Requirements
13 3. Section 31 25 00— Erosion and Sediment Control
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
16 1. Construction Activities resulting in less than 1 acre of disturbance
17 a. Work associated with this Item is considered subsidiary to the various Items
18 bid. No separate payment will be allowed for this Item.
19 2. Construction Activities resulting in greater than l acre of disturbance
20 a. Measurement and Payment shall be in accordance with Section 3l 25 00.
21 1.3 REFERENCES
22 A. Abbreviations and Acronyms
23 1. Notice of Intent: NOI
24 2. Notice of Termination: NOT
25 3. Storm Water Pollution Prevention Plan: SWPPP
26 4. Texas Commission on.Environmental Quality. TCEQ
27 5. Notice of Change: NOC
28 A. Reference Standards
29 1. Reference standards cited in this Specification refer to the current reference
30 standard published at the time of the latest revision date logged at the end of this
31 Specification,sinless a date is specifically cited.
32 2. Integrated Storm Management(iSWM)Technical Manual for Construction j
33 Controls
34 €.4 ADNIINISTRATIVE REQUIREMENTS
35 A. General
36 .1. Contractor is responsible for resolution and payment of any fines issued associated
37 with compliance to Stor7mwater Pollution Prevention Plan.
CITY OF FORT WORTI I Cabe[a's Sanitary Sewer Extension
STANDARD CONSTRUCTION SP;CIFICATION DOCUNIENTS—DEVELOPER AWARDED PROJECTS [Insert Prn}ect Number]
Rcvised July I,201 I
D1 57 13-2
DAP STORM WATFR POLLUTION PREVENTION
Page 2 of 3
1 B. Construction Activities resulting in:
2 1. Less than l acre of disturbance
3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and
4 Drawings.
5 2. 1 to less than 5 acres of disturbance
6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction
7 Permit is required
8 b. Complete SWPPP in accordance with TCEQ requirements
9 1) TCEQ Small Construction Site Notice Required under general permit
10 TX R 150000
I 1 a) Sign and post at jab site
12 b) Prior to Preconstruction Meeting,send i copy to City Department of
13 '1"ranspoitation and Public Works, Environmental Division,(817) 392-
14 60.88.
15 2) Provide erosion and sediment control in accordance with:
16 a) Section 31 25 00
17 b) The Drawings
18 c) TXR 150000 General Permit
19 d) SWPPP
20 e) TCEQ requirements
21 3. 5 acres or move of Disturbance
22 a. Texas Pollutant Discharge Elimination System (TPDES)General Construction
23 Permit is required
24 b. Complete SWPPP in accordance with TCEQ requirements
25 1) Prepare a TCEQ NGI form and submit to TCEQ along with requited fee
26 a) Sign and post at job site
27 b) Send copy to City Department of Transportation and Public Works,
28 Environmental Division,(817)392-6088.
29 2) TCEQ Notice of Change required if making changes or updates to NOl
30 3) Provide erosion and sediment control in accordance with:
31 a) Section 31 25 00
32 b) The Drawings
33 c) TXR 150000 General Permit
34 d) SWPPP
35 e) TCEQ requirements
36 4) Once the project has been completed and all the closeout requirements of
37 TCEQ have been met a TCEQ Notice of Termination can be submitted.
38 a) Send copy to City Department of Transportation and Public Works,
39 Environmental Division,(817) 392-6088.
40 1.5 SUBMITTALS
41 A. SWPPP
42 1. Submit in accordance with Section 01 33 00, except as stated herein.
43 a. Prior to the Preconstruction Meeting,submit a draft copy of SWPPP to the City
44 as follows:
45 l) 1 copy to the City Project Mariager
46 a) City Project Manager will forward to the City Department of
47 Transportation and Public Works, Environmental Division for review
CITY OF PORT WORTH Cahela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PRO]ECYS [Insert Project Number)
Revised July I,2011
01 57 13-3
DAP STORM WATER POLLUTION PREVENTION
Page 3 or3
1 B. Modified SWPPP
2 I. If the SWPPP is revised during construction, resubmit modified SWPPP to the City
3 in accordance With Section 01 33 00.
4 1.6 ACTION SUBMITTALSANFORMATCONAL SUBMITTALS [NOT USED]
5 €.7 CLOSEOUT SUBMITTALS [NOT USED]
G €.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT USED[
8 1.10 DELIVERY,STORAGE,AN❑ HANDLING [NOT USEDF
9 1.11 FIELD [SITE] CONDITIONS INOT USED]
10 €.12 WARRANTY [NOT USED[
1 i PART 2- PRODUCTS [NOT USED[
12 PART 3- EXECUTION [NOT USED[
13 END OF SECTION
14
Revision Log
DATE NAME SUMMARY OF CHANGE
15
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension STANDARD CONSTRUCTION SPECIFICATIOR'DOCUMENTS—DEVELOPER AWARDED PROJECTS [insen Project Number]
Revised July I,2011
016000-1
DAP PRODUCT REQUIREMENTS
Paee I of 2
1 SECTION 0160 00
2 PRODUCT REQUIREMENTS
3 PART1 - 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 l —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 Buzzsaw as follows:
16 1, Resources102-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 I. 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 resei-ves 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 SUBMITTALSANFORMATIONAL 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 Cabela's sanitary Saver Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS llnser[Project Numbed j
Revised April 7,2014
i
01 6000-2
DAP PRODUCT REQUIREMENTS
Page 2 of 2
1 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED]
2 1.11 FIELD [SITE] CONDITIONS [NOT USED]
3 11.12 WARRANTY [NOT USED]
4 PART 2- PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6 END OF SECTION
7
Revision Log
DATE ~TAME SUMMARY OF CHANGE
I0112/12 D.Johnson Modified Location of City's Standard Product List
4/7/2014 M.Domenech Revised for DAP application
CITY OF FORT WORTH Cabeia's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7,2014
01 74 23-1
DAP CLEANING
Page 1 of
1 SECTION 0174 23
2 CLEANING
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
G 1. l.ntermediate and final.cleaning for Work not including special cleaning of closed
7 systems specified elsewhere
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 C. Related Specification Sections include,but are not necessarily limited to:
I 1 1. Division d— Bidding Requirements,Contract Forms and Conditions of the Contract
12 2. Division i —General Requirements
13 3. Section 32 92 13— Hydro-Mulching, Seeding and Sodding
14 1.2 PRICE AND PAYMENT PROCEDURES
15 A. Measurement and Payment
lG 1. Work associated with this item is considered subsidiary to the various Items bid.
17 No separate payment will be allowed for this Item.
18 .1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Scheduling
21 1. Schedule cleaning operations so that dust and other contaminants disturbed by
22 cleaning process will not fail on newly painted surfaces.
23 2. Schedule final cleaning upon completion of Work and immediately prior-to final
24 inspection,
25 1.5 SUBMITTALS [NOT USED]
26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED1
27 1.7 CLOSEOUT SUBMITTALS ]NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS (NOT USED]
29 1.9 QUALITY ASSURANCE 1NOT USED]
30 1.14 STORAGE,AND HANDLING
31 A. Storage and Handling Requirements
32 1. Store cleaningpr•oducts and cleaning wastes in containers specifically designed for
33 those materials.
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS Ilnseit Project Number)
Revised April 7,20I4
f
01 7423-2
RAP CLEANING
Page 2 of 4
l 1.11 FIELD [SITE] CONDITIONS [NOT USE,
2 1.12 WARRANTY [NOT USED]
3 PART 2- PRODUCTS
4 2.1 OWNER-I+URNISHED [olz] OWNER-SUPPLIEDPRODUCTS [NOT USED]
5 2.2 MATERIALS
6 A. Cleaning Agents
7 1. Compatible with surface being cleaned
8 2. New and uncontaminated
9 3. For manufactured surfaces
10 a. Material recommended by manufacturer
11 2.3 ACCESSORIES [NOT USED]
12 2.4 SOURCE QUALITY CONTROL [NOT USED]
13 PART 3- EXECUTION
14 3.1 INSTALLERS [NOT USED]
15 3.2 EXAMINATION [NOT USED]
16 3.3 PREPARATION [NOT USED]
17 3.4 APPLICATION [NOT USEDI
18 3.5 REPAIR 1 RESTORATION [NOT USEDI
19 3.6 RE-INSTALLATION [NOT USEDI
20 3.7 FIELD 1oRl SITE QUALITY CONTROL [NOT USED[
21 3.8 SYSTEM STARTUP [NOT USEDI
22 3.9 ADJUSTING [NOT USED]
23 3.10 CLEANING
24 A. Generai
25 1. Prevent accumulation of wastes that create hazardous conditions.
26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of
27 governing authorities.
28 3. Do not dispose of volatile wastes such as mineral spirits, ail ❑r paint thinner in
29 storm or sanitary drains or sewers.
30 4. Dispose of degradable debris at an approved solid--waste disposal site. 1
31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
32 alternate manner approved by City and regulatory agencies,
CITY OF FORT WOIZT14 Cabeia's Sanitary Scwzx Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Inseil Project Number]
Revised April 7,2014
I
01 7423-3
DAP CLEANING
Page 3 oF4
1 6. Handle materials in a controlled manner with as few handlings as possible.
2 7. Thoroughly clean, sweep,wash and polish all Work and equipment associated Nvith
3 this project.
4 8. Remove all signs of temporary construction and activities incidental to construction
5 of required permanent Work.
6 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to
7 have the cleaning completed at the expense of the Contractor.
8 10. Do not burn on-site.
9 B. Intermediate Cleaning during Construction
10 1. Keep Work areas clean so as not to hinder health, safety or convenience of
I 1 personnel in existing facility operations.
12 2. At maximum weekly intervals, dispose of waste materials,debris and rubbish.
13 3. Confine construction debris daily in strategically located containers):
14 a. Cover to prevent blowing by wind
15 b. Store debris away from construction or operational activities
16 c. Haul from site at a minimum of once per week
17 4. Vacuum clean interior areas when ready to receive finish painting.
18 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance.
19 5. Prior to storm events,thoroughly clean site of all loose or unsecured items,w}r ich
20 may become airborne or transported by flowing water during the storm.
21 C. Exterior(Site or Right of Way)Final Cleaning
22 1. Remove trash and debris containers from site.
23 a. Re-seed areas disturbed by location of trash and debris containers in accordance
24 with Section 32 92 13.
25 2. Sweep roadway to remove all rocks,pieces of asphalt,concrete or any other object
26 that may hinder or disrupt the flow of traffic along the roadway.
27 3. Clean any interior-areas including, but not limited to,vaults,manholes, structures,
28 junction boxes and inlets.
29 4. If no longer-required for maintenance of erosion facil ities,and upon approval by
30 City, remove erosion control from site.
31 5. Clean signs, lights,signals, etc.
32 3.11 CLOSEOUT ACTIVITIES [NOT USED]
33 3.12 PROTECTION [NOT USED]
34 3.13 MAINTENANCE [NOT USED1
35 3.14 ATTACHMENTS {NOT USEDI
36
37
38
39
40
CITY Or FORT WORT[-i Cabcla's Sanitary Scwu Extension
STANDARD CONSTPUCT[ON SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Inseif Project Number]
Revised April 7,2414
i
0I 74 23-4
DAP CLEANING
Page 4 oF4
i END OF SECTION
2
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.IDomeneeh Revised For DAP application
3
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTR=ION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7,2Q 14
01 77 19-1
DAP CLOSEOUT REQUIREMENTS
Page I of3
I SECTION 01 77 19
2 CLOSEOUT REQUIREMENTS
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. The procedure for closing out a contract
7 B. Deviations from this City of Fort Warty Standard Specification
8 1. None.
9 C. Related Specification Sections include, but are not Necessarily limited to:
10 1. Division 0-- Bidding Requirements, Contract Forms and Conditions of the Contract
11 2. Division 1 —General Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate paymentwill be allowed for this Item,
16 1.3 REFERENCES (NOT USED)
17 1.4 ADMINISTRATIVE REQUIREMENTS
Is A. Guarantees, Bonds and Affidavits
19 1. No application for final payment will be accepted until all guarantees,bonds,
20 certificates, licenses and affidavits required for Work or equipment as specified are
21 satisfactorily.tiled with the City.
22 B. Release of Liens or Claims
23 1. No application for final payment will be accepted until satisfactory evidence of
24 release of liens has been submitted to the City.
25 1.5 SUBMITTALS
26 A. Submit all required documentation to City's Project Representative.
CITY OF FORT WORTH Cabcla's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMFN'T5—DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised Api-il 7,2014
017719-2
DAP Ci.OSEOUT REQUIREMENTS
Page 2 of 3
1 11.6 INFORMATIONAL SUBMITTALS [NOT USED]
2 1.7 CLOSEOUT SUBMITTALS [NOT USED]
3 PART 2.- PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1 INSTALLERS [NOT USED]
G 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8 3.4 CLOSEOUT PROCEDURE
9 A- Prior to requesting Final Inspection, submit:
10 1. Project Record Documents in accordance with.Section 01 78 39
11 2. Operation and Maintenance Data, if required,in accordance with Section 01 78 23
12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section
13 01 74 23.
14 C. Final Inspection
15 1. lifter final cleaning,provide notice to the City Project Representative that the Work
16 is completed.
17 a. The City will snake an initial Final Inspection with the Contractor present.
I8 b. Upon completion of this inspection, the City will notify the Contractor, in
19 writing within 10 business days,of any particulars in which this inspection
20 reveals that the Work is defective or incomplete.
21 2. Upon receiving written notice from the City, immediately undertake the Work
22 required to remedy deficiencies and complete the Work to the satisfaction of the
23 City.
24 3. Upon cornpletion of Work associated with the items listed in the City's written
25 notice, inform the City,that the required Work has been completed. Upon receipt
26 of this notice, the City, in the presence of the Contractor•,will make a subsequent
27 Final Inspection of the project.
28 4. Provide all special accessories required to place each item of equipment in full
29 operation. These special accessory items include,but are not limited to.:
30 a. Specified spare parts
31 b. Adequate oil and grease as required for the first lubrication of the equipment
32 c. Initial fill up of all chemical tanks and fuel tanks
33 d. Light bulbs
34 e. Fuses
35 F. Vault keys
36 g. Handwheels
37 h. Other expendable items as required for initial start-up and operation of all
38 equipment
39 D. Notice of Project Completion
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DLVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7,2014
01 77 19-3
DAP CLOSEOUT RFQUIREMENTS
Page 3 o0
1 I. Once the City Project Representative finds the Work subsequent to Final Inspection
2 to be satisfactory, the City will issue a Notice of Project Completion(Green Sheet).
3 E. Supporting Documentation
4 1. Coordinate with the City Project Representative to complete the following
5 additional forms:
6 a. Final Payment Request
7 b. Statement of Contract Time
S c. Affidavit of Payment and Release of Liens
9 d. Consent of Surety to Final Payment
10 e. Pipe Report(if required)
I I f. Contractor's Evaluation of City
12 g. Performance Evaluation of Contractor
13 F. Letter of Final Acceptance
14 1. Upon review and acceptance of Notice of Project Completion and Supporting
15 Documentation, in accordance with General Conditions, City will issue Letter of
16 Final Acceptance and release the Final Payment Request for payment.
17 3.5 REPAIR 1 RESTORATION [NOT USED]
t8 3.6 RE-INSTALLATION [NOT USED]
19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
20 3.8 SYSTEM STARTUP [NOT USED]
21 3.9 ADJUSTING [NOT USED]
22 3.10 CLEANING [NOT USED]
23 3.11 CLOSEOUT ACTIVITIES [NUT USED]
24 3.12 PROTECTION [NOT USEDI
25 3.13 ]MAINTENANCE [NOT USEDI
26 3.14 ATTACHMENTS [NOT USEDI
27 END OF SECTION
28
Revision Log
DATE NAME SUMMARY OF CHANGE
i
417120 14 M.Domenech Reviscd for DAP application
29
f
CITY OF FORT WORTI I Cabda's Sanitary Sev cr Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS--DEVELOPER AWARDED PROJECTS [Insert Project Number]
Reviscd April 7,2014
01 78 23-1
DAP OPERATION AND MAINTENANCE DATA
Page I of 5
I SECTION 01 78 23
2 OPERATION AND MAINTENANCE DATA
3 PART1 - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 l. Product data and related information appropriate for City's maintenance and
7 operation of products furnished under Contract
8 2. Such products may include,but are not limited to;
9 a. Traffic Controllers
10 b. Irrigation Controllers(to be operated by the City)
I I c. Butterfly Valdes
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract
16 2. Division I —General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. Schedule
24 1. Submit manuals in final form to the City within 30 calendar days of product
25 shipment to the project site.
26 1.5 SUBMITTALS
27 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be
28 approved by the City prior to delivery.
29 1.6 INFORMATIONAL SUBMITTALS
30 A. Submittal Forrn
31 1, Prepare data in form of an instructional manual for use by City personnel.
32 2. Format
33 a. Size: 8 '/z inches x I.l inches
34 b. Paper
35 1) 40 pound minimum, white, for typed pages
36 2) Holes reinforced with plastic, cloth or metal
37 c. Text: Manufacturer's printed data, or neatly typewritten
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [inscst Pmieet Nutnher]
Revised April 7,2D 14 j
01 78 23-2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
1 d. Drawings
2 1) Provide reinforced punched binder tab,hind in with text
3 2) Reduce larger drawings and fold to size of text pages.
4 e. Provide fly-leaf for each separate product, or each piece.of operating
5 equipment.
G 1) Provide typed description of product,and major component parts of
7 equipment.
8 2) Provide indexed tabs.
9 f. Covel-
lo 1) Identify each volume with typed or printed title "OPERATING AND
1 i MAINTENANCE INSTRUCTIONS".
12 2) List:
13 a) Title of Project
14 b) Identity of separate structure as applicable
15 c) Identity of general subject matter covered in the manual
16 3. Binders
17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers
l8 b. When multiple hinders are used,correlate the data into related consistent
19 groupings.
20 4. if available, provide an electronic form of the O&M Manual,
21 B, Manual Content
22 1. Neatly typewritten table of contents for each volume,arranged in systematic order
23 a. Contractor, name of responsible principal, address and telephone number
24 b. A list of each product required to be included, indexed to content of the volume
25 c. List,with each product:
26 1) The name, address and telephone number of the subcontractor or installer
27 2) A list of each product required to be included, indexed to content of the
28 volume
29 3) Identify area of responsibility of each
30 4) Local source of supply for parts and replacement
31 d. Identify each product by product name and other identifying symbols as set
32 forth in Contract Documents.
33 2. Product Data
34 a. Include only those sheets which are.pertinent to the specific product.
35 b. Annotate each sheet to:
3G 1) Clearly identify specific product or part installed
37 2) Clearly identify data applicable to installation
38 3) Delete references to inapplicable information
39 3. Drawings
40 a. Supplement product data with drawings as necessary to clearly illustrate:
41 1) Relations of component parts of equipment and systerns
42 2) Control and flow diagrams
43 b. Coordinate drawings with information in Project Record Documents to assure
44 correct illustration of completed installation.
45 c. Do not use Project Record Drawings as maintenance drawings.
46 4. Written text,as required to supplement product data for the particular installation;
47 a. Organize inconsistent format under separate headings for different procedures.
48 b. Provide logical sequence of instructions of each procedure.
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS [Insert Project Ntimbd]
Revised April 7,2014
01 78 23-3
DAP OPERATION AND MAINTENANCE DATA
Page 3 of 5
1 5. Copy of each warranty, bond and service contract issued
2 a. Provide information sheet for City personnel giving:
3 1) Proper procedures in event of failure
4 2) Instances which might affect validity of warranties or bonds
5 C. Manual for Materials and Finishes
6 1. Submit 5 copies of complete manual in final form.
7 2. Content, for architectural products, applied materials and finishes:
8 a. Manufacturer's data,giving full information on products
9 l) Catalog number, size, composition
10 2) Color and texture designations
1 1 3) Information required for reordering special manufactured products
12 b. Instructions for care and maintenance
13 1) Manufacturer's recommendation for types of cleaning agents and methods
14 2) Cautions against cleaning agents and methods which are detrimental to
I5 product
16 3) Recommended schedule for cleaning and maintenance
17 3. Content,for moisture protection and weather exposure products:
l8 a. Manufacturer's data, giving full information on products
19 1) Applicable standards
20 2) Chemical composition
21 3) Details of installation
22 b. Instructions for inspection, maintenance and repair
23 D. Manual for Equipment and Systems
24 1. Submit 5 copies of complete manual in final form.
25 2. Content,for each unit of equipment and system,as appropriate:
26 a. Description of unit and component parts
27 l) Function, normal operating characteristics and limiting conditions
28 2) Performance curves, engineering data and tests
29 3) Complete nomenclature and commercial number of replaceable parts
30 b. Operating procedures
31 1) Start-up,break-in, routine and normal operating instructions
32 2) Regulation,control,stopping, shut-down and emergency instructions
33 3) Summer and winter operating instructions
34 4) Special operating instructions
35 c. Maintenance procedures
36 1) Routine operations
37 2..) Grade to "trouble shooting"
38 3) Disassembly,repair and reassembly
39 4) Alignment, adjusting and checking
40 d. Servicing and lubrication schedule
41 1) List of lubricants required
42 e. Manufacturer's printed operating and maintenance instructions
43 f. Description of sequence of operation by control manufacturer
44 1) Predicted life ofparts subject to wear
45 2) Items recommended to be stocked as Spare parts
46 g. As installed control diagrams by controls manufacturer
47 [1. Each contractor's coordination drawings
48 1) As installed color coded piping diagrams
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFTCAT1ON DOCUMENTS--DEVELOPER AWARDED PROJECTS [Insert Project Dumber]
Reviscd April 7,20I4
017823-4
DAP OPERATION AND MAINTENANCE DATA
Page 4 or 5
1 i. Charts of valve tag numbers,with location and function of each valve
2 j. List of original manufacturer's spare parts, manufacturer's current prices,and
3 recommended quantities to be maintained in storage
4 k. Other data as required under pertinent Sections of Specifications
5 3. Content,for each electric and electronic system, as appropriate-
6 a. Description of system and component parts
7 1) Function,normal operating characteristics,and limiting conditions
8 2) Performance curves, engineering data and tests
9 3) Complete nomenclature and commercial number of replaceable parts
10 b. Circuit directories ofpanelboards
I 1 1) Electrical service
12 2) Controls
13 3) Communications
14 c. As installed color coded wiring diagrams
15 d. Operating procedures
16 1) Routine and normal operating instructions
17 2) Sequences required
18 3) Special operating instructions
19 e. Maintenance procedures
20 1) Routine operations
21 2) Guide to"trouble shooting"
22 3) Disassembly, repair and reassembly
23 4) Adjustment and checking
24 f. Manufacturer's printed operating and maintenance.instructions
25 g. List of original manufacturer's spare parts, manufacturer's current prices,and
26 recommended quantities to be maintained in storage
27 h. Other data as required under pertinent Sections of Specifications
28 4. Prepare and include additional data when the need for such data becomes apparent
29 during instruction of City's personnel.
30 1.7 CLOSEOUT SUBMITTALS {NOT USED]
31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED1
32 1.9 QUALITY ASSURANCE
33 A. Provide operation and maintenance data by personnel with the following criteria:
34 1. Trained and experienced in maintenance and operation of described products
35 2. Skilled as technical writer to the extent required to communicate essential data
36 3. Spilled as draftsman competent to prepare required drawings
i
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUM rNTS--DEVELOPER AWARDED PROJECTS [Insert Project Number]
Revised April 7,2D 14
01 78 23-5
DAP OPERATION AND MAINTENANCE DATA
Page 5 of 5
1 1.14 DELIVERY,STORAGE,AND HANDLING [NOT USED]
2 1.11 FIEL❑ jSITE] CONDITIONS (NOT USED]
3 1.12 WARRANTY [NOT USED
4 PART 2- PRODUCTS [NOT USEDI
5 PART 3- EXECUTION [NOT USEDI
6 END Or SECTION
7
Revision Lag
DATE NAME SUMMARY OF CHANGE
8J3112012 T3 Johnson 1.5.A.I—title of'section removed
4/7/2014 YI.Dnmenech Revised for DAP Application
8
CITY OF FORT WORTH Cabcla's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUh1ENTS—DEVELOPER AWARDED PROJECTS f insert Project Number]
Revised April.7,2014
OI 78 39- 1
DAP PROJECT RECORD DOCUMENTS
Page I oi'4
I SECTION 01 78 39
2 PROJECT RECORD DOCUMENTS
3 PARTI - GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents, including.
8 a. Record Drawings
9 b. Water Meter Set-vice Reports
10 c. Sanitary Sewer Sei-vice Reports
1 I d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division.q—Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division I —General Requirements
1.7 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item,
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
23 1.5 SUBMITTALS
24 A. Prior to submitting a request for Final Inspection,deliver Project Record Documents to
25 City's Project Representative.
26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED1
27 1.7 CLOSEOUT SUBMITTALS [NOT USED}
29 1.8 MAINTENANCE MATERIAL SUBMITTALS jNOT USED[
29 1.9 QUALITY ASSURANCE
30 A, Accuracy of Records
31 1. Thoroughly coordinate changes%within the Record Documents,malting adequate
32 and proper entries on each page of Specifications and each sheet of Drawings and
33 other Documents where such entry is required to show the change properly.
34 2. Accuracy of records shall be such that future search for items shown in the Contract
35 Documents may rely reasonably on information obtained from the approved Project
36 Record Documents.
CITY OF FORT WORTH Cabela's Sanitary Scwcr Extension
STANDARD CON5TRUCTTON SPECIFICATION DOCUMENTS--DEVELOPER AWARDED I'f OJVICTS [Insert Project Number]
Revised April 7,2R14
01 7839-2
DAP PROJECT RECORD DOCUMENTS
Page 2 of
I 3. To facilitate accuracy of records, make entries within 24 hours after receipt of
2 information that the change has occurred,
3 4. Provide factual information regarding all aspects of the Work, both concealed and
4 visible,to enable future modification of the Work to proceed without lengthy and
5 expensive site measurement, investigation and examination.
.6 1.10 STORAGE AND HANDLING
7 A. Storage and Handling Requirements
8 1. Maintain the job set of Record Documents completely protected from deterioration
9 and from loss and damage until completion of the Work and transfer of all recorded
10 data to the final Project Record Documents.
11 2. In the event of loss of recorded data,use means necessary to again secure the data
12 to the City's approval.
13 a. In such case,provide replacements.to the standards originally required by the
14 Contract Documents.
15 1.11 FIELD [SITE] CONDITIONS [NOT USED]
16 1.12 WARRANTY [NOT USED]
17 PART 2- PRODUCTS
18 2.1 OWNER-FURNISHED foul OWNER-SUPPLIED PRODUCTS [NOT USEDI
19 2.2 RECORD DOCUMENTS
20 A. Job set
21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
22 charge to the Contractor, 1 complete set of all Documents comprising the Contract.
23 B. Final Record Documents
24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide
25 the City I complete set of all Final Record Drawings in the Contract.
26 2.3 ACCESSORIES [NOT USED[
27 2.4 SOURCE QUALITY CONTROL [NOT USED]
28 PART 3- EXECUTION
29 3.1 INSTALLERS [NOT USED]
30 3.2 EXAMINATION [NOT USEDI
31 3.3 PREPARATION [NOT USED[
32 3.4 MAINTENANCE DOCUMENTS
33 A. Maintenance of Job Set
34 1, Immediately upon receipt of the job set,identify each of the Documents with the
35 title, "RECORD DOCUMENTS-JOB SET".
CITY OF FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMFN'TS—DEVELOPER AWARDDD PROJECTS [Insert Project Nuulherl
Revised April 7,2014
017839-3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 4
1 2. Preservation
2 a. Considering the Contract completion time,the probable number of occasions
3 upon which the job set must be taken out for new entries and for examination,
4 and the conditions under which these activities will be performed,devise a
5 suitable method for protecting the job set.
6 b. D❑not use the job set for any purpose except entry of new data and for review
7 by the City,until start of transfer of data to final Project Record Documents.
8 c. Maintain the job Set at the site of work.
9 3. Coordination with Construction Survey
10 a. At a minimum clearly mark any deviations from Contract Documents
l 1 associated with installation of the infrastructure.
12 4. Making entries on Drawings
13 a. Record any deviations from Contract Documents.
14 b. Use an erasable colored pencil (not inlc or indelible pencil),clearly describe the
I5 change by graphic line and note as required.
16 c. Date all entries.
17 d. Cali attention to the entry by a"cloud" drawn around the area or areas affected.
18 e. In the event of overlapping changes, use ditT'erent colors for the overlapping
19 changes.
20 5. Conversion of schematic layouts
21 a. In some cases on the Drawings,arrangements of conduits,circuits,piping,
22 ducts, and similar items; are shown schematically and are not intended to
23 portray precise physical layout.
24 1) Final physical arrangement is determined by the Contractor,subject to the
25 City's approval.
26 2) However,design of future modifications of the facility may require
27 accurate information as to the final physical layout of items which are
28 shown only schematically on the Drawings.
29 b. Show on the job set of Record Drawings,by dimension accurate to within 1
30 inch,the centerline of each run of items.
31 1) Final physical arrangement is detennined by the Contractor, subject to the
32 City's approval.
33 2) Show,by symbol or note,the vertical location of the Item("under slab","in
34 ceiling plenum", "exposed", and the like).
35 3) Make all identification sufficiently descriptive that it may be related
36 reliably to the Specifications.
37 c. The City may waive the requirements for conversion of schernatie layouts
38 where, in the City's judgment, conversion serves no useful purpose. However,
39 do not rely upon waivers being issued except as specifically issued in writing
40 by the City.
41 B. Final Project Record Documents
42 1. 'Transfer of data to Drawings
43 a. Carefully transfer change data shown on the job set of Record Drawings to the
44 corresponding final documents,coordinating the changes as required.
45 b. Clearly indicate at each affected detail and other Drawing a full description of
46 changes made during construction,and the.actual location of items.
47 c. Call attention to each entry by drawing a"cloud" around the area or areas
48 affected. j
CITY Of FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVEr.OPER AWARDED PROTFCTS [insert Project Number}
Revised Ap6l 7,2d I4
01 78 39-4
DAP PROJECT RECORD DOCUMENTS
Page 4 of 4
1. d. Make changes neatly, consistently and with the proper media to assure
2 longevity and clear reproduction.
3 2. Transfer of data to other Documents
4 a. If the Documents, other than Drawings, have been kept clean during progress of
5 the Work, and if entries thereon have been orderly to the approval of the City,
6 the job set of those Documents,other than Drawings, will be accepted as final
7 Record Documents.
8 b. If any such Document is not so approved by the City, secure a new copy of that
9 Document from the City at the City's usual charge for reproduction and
10 handling,and carefully transfer the change data to the new copy to the approval
1 I of the City.
12 3.5 REPAIR 1 RESTORATION [NOT USED[
13 3.5 RE-INSTALLATION [NOT USED[
14 3.7 FIELD loR[ SITE QUALITY CONTROL [NOT USED]
15 3.8 SYSTEM STARTUP (NOT USED]
16 3.9 ADJUSTING [NOT USED]
17 3.10 CLEANING [NOT USED}
18 3.11 CLOSEOUT ACTIVITIES [NOT USED]
19 3.12 PROTECTION [NOT USED]
20 3..13 MAINTENANCE [NOT USED]
21 3.14 ATTACHMENTS (NOT USED]
22 END OF SECTION
23
Revision Log
DATE NAME SUMMARY OF CHANGE
41712014 M.Domenech Revised for DAP Application
24
CITY or FORT WORTH Cabela's Sanitary Sewer Extension
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS (insert Project Nwnb;2r]
Revised April 7,2014