HomeMy WebLinkAboutContract 53445-PM2REcr-:vi=r
APR -7 2020
Cl1Y OF FO RT WORTH
CllY SECRETARY
FORT WORTH
~
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
CITY SECRETARY.53 ,ttL 5 pi..A"'
CONTR ACTNO . --r,; -l"'lo--
WATER, SANITARY SEWER AND STORM DRAINAGE
IMPROVEMENTS TO SERVE
RAINBOW RIDGE PHASE 1-A
City Project No. 100931
Water Project No. 56008-0600430-100931-001580
Sanitary Sewer Project No. 56008-0700430-1000931-001380
X-24284
Betsy Price
Mayor
FILE# W-2482
Christopher P. Harder, P.E.
Director, Water Department
William Johnson
David Cooke
City Manager
Director, Transportation and Public Works Department
Prepared for
The City of Fort Worth
January 2020
~DUNAWAY
DUNAWAY ASSOCIATES, L.P.
550 Bailey A venue, Suite 400
Ft. Worth, TX 76107
Office : 817-335-1121 /Fax: 817-429 -1370
TXREG.F-1114
www .dun away-assoc .com
DA Project# B003090.001
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page I of 4
SECTION 00 0010
TABLE OF CONTENTS
DEVELOPER AWARDED PROJECTS
Division 00 - General Conditions
00 42 43 Proposal Form Unit Price
0(� 3-13 Bid -Band
0045 11 Bidders Prequalification's
00 45 12 Prequalification Statement
00 45 26 Contractor Compliance with Workers' Compensation Law
00 52 43 Agreement
00 61 25 Certificate of Insurance
00 62 13 Performance Bond
00 62 14 Payment Bond
00 62 19 Maintenance Bond
00 72 00 General Conditions
0073 10 Standard City Conditions of the Construction Contract for Developer Awarded
Projects
Division 01- General Requirements
01 11 00
Summary of Work
01 25 00
Substitution Procedures
01 31 19
m3i xO
Preconstruction Meeting
- Project Meetiap
0432 33
Preeenstpaetion VWee
Submittals
01 33 00
0135 13
Special Project Procedures
014523
Testing and Inspection Services
01 50 00
Temporary Facilities and Controls
01 55 26
Street Use Permit and Modifications to Traffic Control
0157 13
Storm Water Pollution Prevention Plan
0158 13
Temporary Project Signage
01 60 00
Product Requirements
01 66 00
Product Storage and Handling Requirements
A i 7 i 23�„s#uetion-Staking
Cleaning
01 74 23
01 77 19
Closeout Requirements
01 78 23
Operation and Maintenance Data
01 78 39
Project Record Documents
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project's Contract Documents
None
CITY OF FORT WORTH Rainbow Ridge —Phase 1 A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 2 of 4
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's Buzzsaw site at:
hht s://nraiectpoint.buzzsaw.conVelient/fortworthgov/Resources_/02%20-
%20Construction%20Documents/Specifications
Division 02 - Existing Conditions
0241 13 Selective Site F1o. alifie
0241 14 Unlit., ri a.... eyaV A�deament
0241 15 Paying Removal
Division 03 — Concrete
03 30 00 Cast -In -Place Concrete
03-34 13Ge t.tsed raw Stfan th?Wer-W (G ear
Division 26 - Electrical
Division 31- Earthwork
31 1000 site Cie
31-23- 6 U.Relass=fBd E*eavafie
31 23 23
31 24 90 x.''...1. a;. ..,a..tr
3i 25 00 l lesion and Sediment _Cent l
3 i 3-t nn xa i. rap
Division 32 - Exterior Improvements
3201 1a r7 PeFina eat Asphalt PayingRepair-
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32 Q! 29 Cenerete Paving Repai
321123 Fleydble Bas r9eufses
1 l 32 29 r i
�L ...
321-1-33 Cemeatat
32 112 16 Asphalt Pwffifig
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33 W C@Rcmte P 2 '
32 1329
32 i3 73 Gonerete Paving joint Sealants
32 M 4 B
r^i
ck Unit Paving
3321 L 1 '1 1/6'tffeo-Curb and Cutters afad Valley 'ude
32123 Pavement Markings
3231-26 Wire Fences and GaW
323129 Wood Fenees aad Gates
CITY OF FORT WORTH Rainbow Ridge -Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No, 100931
B003090.001
0000 10-3
TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 3 of 4
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329213
Hydra MWehiag, Seeding, and Sodding
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3293 43
T-fees aad S ubs
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Division 33
- Utilities
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33 01 30
Sewer and Manhole Testing
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33 01 31
Closed Circuit Television (CCTV) Inspection
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330i1r-11
Ceffesien central Test stags,
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3304 30
'T..,,,,,...,ary Water-
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33 04 40
Cleaning and Acceptance Testing of Water Mains
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3305 10
Utility Trench Excavation, Embedment, and Backfill
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3305 12
Water Line Lowering
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3305 13
Frame, Cover and Grade Rings
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3305 14
Adjusfing Manholes, Other- StFuetufeq to Gfa4a
, and
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3305 16
ConereteWmeter Vaults
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33-05 17
rr.,,, rote GD ars
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339620
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330521
-r�i7�z`ri�-racer
Tiffi el Line . elate
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33 05 23
Hand Tunnefing
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33-05-26
Utility Ma-ke'siLeeatm
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33 11 10
Ductile Iron Pipe
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33 11 11
Ductile Iron Fittings
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33 11 12
Polyvinyl Chloride (PVC) Pressure Pipe
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3311 13
Gen e_P .1s
Pins, Bar- _WFap.eStet Gy4indef Typ
feSSUFe
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33 11 5
Pre stEessed C.,,,erete C .,rode, Pip
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33 1210
Water Services 1-inch to 2-inch
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33 1220
Resilient Seated Gate Valve
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33 1225
Connection to Existing Water Mains
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33-12 50
Wester Sample Sty
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33 1260
Blow -off Valves
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33112
Cured i place Pipe (CIPP-)
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33 31 15
HOPE Pipe For- 8 F), Sewer-s (GF&�* and Fame Mains)
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33 31 20
Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe
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33 31 21
n lyyi Chteide Closed _Profile _r m,it gaa;f�, SeweF4�s
*4 (PVC_)
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333122
Sanitary Sewer Slip Lllqlin�
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1ne
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CITY OF FORT WORTH Rainbow Ridge -Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
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TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS
Page 4 of 4
3339 10 Cast -in -Place Concrete Manholes
33 39 20 Precast Concrete Manholes
333930 Fiber -glass Manholes
33 39 60 Epoxy Liners for Sanitary Sewer Structures
3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts
33 4600 Sub dfainW
33_46 01 Slotted Staf
33 4602 „eh Dr-akls 49 10 Cast -in -Place Manholes and Junction Boxes
33 49 20 Curb and Drop Inlets
33 49 40 Storm Drainage Headwalls and Wingwalls
Division 34 — Transportation
34 41�20 Read&in Assofa'
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Appendix
GC-4.01
Availability of Lands
GC-4.02
Subsurface and Physical Conditions
GC-4.04
Underground Facilities
GC 7
Wfte Rates
Permits and Utilities
GC-6.09
GC-6.24
Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
Page 1 of 2
1 3312.0117 Connect to Existing 4"-12" Water Main 33 12 25 EA 2 $2,540.00 $5,080.00
2 3311.0241 8" Water Pipe 33 11 10, 33 11 12 LF 1428 $29.00 $41,412.00
3 3305.0109 Trench Safety 33 05 10 LF 1428 $0.10 $142.80
4 3312.2003 1" Water Service 33 12 10 EA 50 $980.00 $49,000.00
5 3312.3003 8" Gate Valve 33 12 20 EA 3 $1,500.00 $4,500.00
6 3305.0003 8" Water Line Lowering 33 05 12 EA 1 $1,960.00 $1,960.00
7 3305.0005 12" Water Line Lowering 33 05 12 EA 1 $3,900.00 $3,900.00
8 3312.0001 Fire Hydrdant 33 12 40 EA 2 $4,100.00 $8,200.00
9 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 1.45 $4,100.00 $5,945.00
10 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 1244 $38.00 $47,272.00
11 3331.3101 4" Sewer Service 33 31 50 EA 38 $840.00 $31,920.00
12 3331.3101 4" Sewer Service on EX15" SS 33 31 50 EA 11 $1,925.00 $21,175.00
11 3339.1003 4' Extra Depth Manhole (Over 6' Depth) 33 39 10, 33 39 20 VF 8 $150.00 $1,200.00
13 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 4 $3,430.00 $13,720.00
14 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $2,400.00 $2,400.00
12 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 LF 20 $51.30 $1,026.00
15 3339.1001 Warren Manhole Liner 33 39 60 VF 14 $265.00 $3,710.00
16 3305.0109 Trench Safety 33 05 10 LF 1244 $1.00 $1,244.00
13 3301.0002 Post-CCTV Inspection 33 01 31 LF 1244 $2.20 $2,736.80
17 3301.0101 Manhole Vacuum Testing 33 01 30 EA 4 $110.00 $440.00
RAINBOW RIDGE PH 1A PUBLIC IMPROVEMENTS
QUANTITY MATRIX
Bidder's Proposal
Bidlist Item
No.
$126,843.80
Bid Qty.
$120,139.80
Project Item Information
Bid ValueSpecification Section No. UnitsDescription
TOTAL UNIT I: WATER IMPROVEMENTS
SEWER IMPROVEMENTS
TOTAL UNIT I: SEWER IMPROVEMENTS
WATER IMPROVEMENTS
Unit Price
\\ftworth\file system\Production500\003000\3090\001\Civil\Drawings-Phase1A\Submittals\20-0128 Distribution Package\00 42 43_Bid
Proposal_DAP_Utilities.xls
CP#100931
Page 2 of 2
RAINBOW RIDGE PH 1A PUBLIC IMPROVEMENTS
QUANTITY MATRIX
Bidder's Proposal
Bidlist Item
No.Bid Qty.
Project Item Information
Bid ValueSpecification Section No. UnitsDescription Unit Price
18 3349.5001 10' Curb Inlet 33 49 20 EA 4 $3,800.00 $15,200.00
19 0241.4401 Remove Headwall/SET 02 41 14 EA 1 $1,800.00 $1,800.00
20 0241.3023 Remove 48" Storm Line 02 41 14 LF 112 $30.00 $3,360.00
21 3349.2003 24" Parallel Headwall, 1 Pipe 33 49 40 EA 1 $3,700.00 $3,700.00
22 9999.0001 4x2 Parallel Headwall 2 Pipes 00 00 00 EA 1 $11,000.00 $11,000.00
23 3349.1003 24" Parallel Headwall, 1 Pipes 33 49 40 EA 1 $3,200.00 $3,200.00
24 9999.0002 7'x2' Parallel Headwall, 1 Pipe 00 00 00 EA 1 $11,000.00 $11,000.00
25 3341.1104 4x2 Box Culverts 33 41 10 LF 199 $221.00 $43,979.00
26 3341.0203 21" RCP, Class III 33 41 10 LF 48 $112.60 $5,404.80
27 3341.0205 24" RCP, Class III 33 41 10 LF 55 $89.00 $4,895.00
28 3341.0207 24" CL V RCP 33 41 10 LF 59 $101.00 $5,959.00
29 3349.5003 20' Curb Inlet 33 49 20 EA 1 $6,900.00 $6,900.00
30 9999.0001 7x2 Box Culvert, 1 Pipe 00 00 00 LF 736 $525.00 $386,400.00
31 3349.0004 7' Storm Junction Box 33 49 10 EA 1 $11,100.00 $11,100.00
32 3137.0104 Medium Stone Rip Rap, Dry 33 37 00 SY 150 $50.00 $7,500.00
33 3305.0109 Trench Safety 33 05 10 LF 1134 $4.00 $4,536.00
34 3471.0001 Traffic Control 34 71 13 LS 1 $9,000.00 $9,000.00
-$781,917.40
Title:
Company:
Address:
Contractor agrees to complete WORK for FINAL ACCEPTANCE within 180 calendar days after the date when the
CONTRACT commences to run as provided in the General Conditions.
$534,933.80TOTAL DRAINAGE IMPROVEMENTS
DRAINAGE IMPROVEMENTS
TOTAL CONSTRUCTION COST
\\ftworth\file system\Production500\003000\3090\001\Civil\Drawings-Phase1A\Submittals\20-0128 Distribution Package\00 42 43_Bid
Proposal_DAP_Utilities.xls
004511-1
BIDDERS PREQUALIFICATIONS
Page 1 of 3
1 SECTION 00 4511
2 BIDDERS PREQUALIFICATIONS
4 1. Summary. All contractors are required to be prequalified by the City prior to submitting
5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification
6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is
7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder
8 Prequalification Application in accordance with the requirements below.
9
10 The prequalification process will establish a bid limit based on a technical evaluation and
11 financial analysis of the contractor. The information must be submitted seven (7) days prior
12 to the date of the opening of bids. For example, a contractor wishing to submit bids on
13 projects to be opened on the 7th of April must file the information by the 31st day of March
14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's
15 Prequalification Application, the following must accompany the submission.
16 a. A complete set of audited or reviewed financial statements.
17 (1) Classified Balance Sheet
18 (2) Income Statement
19 (3) Statement of Cash Flows
20 (4) Statement of Retained Earnings
21 (5) Notes to the Financial Statements, if any
22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles
23 of Incorporation, Articles of Organization, Certificate of Formation, LLC
24 Regulations, Certificate of Limited Partnership Agreement).
25 c. A completed Bidder Prequalification Application.
26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas
27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification
28 number visit the Texas Comptroller of Public Accounts online at the
29 following web address www.window.state.tx.us/taxpermit/ and fill out the
30 application to apply for your Texas tax ID.
31 (2) The firm's e-mail address and fax number.
32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number
33 is used by the City for required reporting on Federal Aid projects. The DUNS
34 number may be obtained at www.dnb.com.
35 d. Resumes reflecting the construction experience of the principles of the firm for firms
36 submitting their initial prequalification. These resumes should include the size and
37 scope of the work performed.
38 e. Other information as requested by the City.
39
40 2. Prequalification Requirements
41 a. Financial Statements. Financial statement submission must be provided in
42 accordance with the following:
43 (1) The City requires that the original Financial Statement or a certified copy
44 be submitted for consideration.
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
0045 11 - 2
BIDDERS PREQUALIFICATIONS
Page 2 of 3
I
(2)
To be satisfactory, the financial statements must be audited or reviewed
2
by an independent, certified public accounting firm registered and in
3
good standing in any state. Current Texas statues also require that
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accounting firms performing audits or reviews on business entities within
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the State of Texas be properly licensed or registered with the Texas State
6
Board of Public Accountancy.
7
(3)
The accounting firm should state in the audit report or review whether
8
the contractor is an individual, corporation, or limited liability company.
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(4)
Financial Statements must be presented in U.S. dollars at the current rate
10
of exchange of the Balance Sheet date.
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(5)
The City will not recognize any certified public accountant as
€ 2
independent who is not, in fact, independent.
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(6)
The accountant's opinion on the financial statements of the contracting
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company should state that the audit or review has been conducted in
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accordance with auditing standards generally accepted in the United
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States of America. This must be stated in the accounting firm's opinion.
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It should: (1) express an unqualified opinion, or (2) express a qualified
18
opinion on the statements taken as a whole.
19
(7)
The City reserves the right to require a new statement at any time.
20
(8)
The financial statement must be prepared as of the last day of any month,
21
not more than one year old and must be on file with the City 16 months
22
thereafter, in accordance with Paragraph 1.
23
(9)
The City will determine a contractor's bidding capacity for the purposes
24
of awarding contracts. Bidding capacity is determined by multiplying the
25
positive net working capital (working capital = current assets — current
26
liabilities) by a factor of 10. Only those statements reflecting a positive
27
net working capital position will be considered satisfactory for
28
prequalification purposes.
29
(10)
In the case that a bidding date falls within the time a new financial
30
statement is being prepared, the previous statement shall be updated with
31
proper verification.
32
b. Bidder Prequalification Application. A Bidder Prequalification Application must be
33
submitted along with audited or reviewed financial statements by firms wishing to be
34
eligible to bid on all classes of construction and maintenance projects. Incomplete
35
Applications will be rejected.
36
(1)
In those schedules where there is nothing to report, the notation of
37
"None" or "N/A" should be inserted.
38
(2)
A minimum of five (5) references of related work must be provided.
39
(3)
Submission of an equipment schedule which indicates equipment under
40
the control of the Contractor and which is related to the type of work for
41
which the Contactor is seeking prequalification. The schedule must
42
include the manufacturer, model and general common description of
43
each piece of equipment. Abbreviations or means of describing
44
equipment other than provided above will not be accepted.
45
46 3. Eligibility to Bid
47 a. The City shall be the sole judge as to a contractor's prequalification.
48 b. The City may reject, suspend, or modify any prequalification for failure by the
49 contractor to demonstrate acceptable financial ability or performance.
50 c. The City will issue a letter as to the status of the prequalification approval.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
004511-3
BIDDERS PREQUALIFICATIONS
Page 3 of 3
1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid
2 the prequalified work types until the expiration date stated in the letter.
3
8 END OF SECTION
CITY OF FORT WORTH Rainbow Ridge — Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
0045 12
DAP PREQUALIFICATION STATEMENT
Page 1 of 1
SECTION 00 45 12
DAP — PREQUALIFICATION STATEMENT'
Each Bidder is required to complete the information below by identifying the prequalified contractors
and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work
Tyre" box provide the complete major work type and actual description as provided by the Water
Department for water and sewer and TPW for_paving.
Major Work Type
Water and Wastewater New
Development, Rehabilitation, and
Redevelopment Open Cut and
Trenches (all sizes)
Water and Wastewater New
Development, Rehabilitation, and
Redevelopment Open Cut and
Trenches (all sizes)
Water and Wastewater New
Development, Rehabilitation, and
Redevelopment Open Cut and
Trenches (all sizes)
Contractor/Subcontractor Company Name Prequalification
Expiration Date
Burnsco Contracting, Inc. I (0 :5r/AVat>
Burnsco Contracting, Inc.
(o/$ c/,2oao
Burnsco Contracting, Inc.
4,/yo/an as
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above
are currently prequalified for the work types listed.
BIDDER:
Burnsco Contracting, Inc.
6331 Southwest Boulevard
Benbrook, Texas 76132
817-738-3200
BY:
( gnature)
TITLE:s• n �.
DATE:
END OF SECTION
CITY OF FORT WORTH Rainbow Ridge— Phase 1-A
STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS City Project No. 100931
Form Version September 1, 2015 B003090.001
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00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
provides worker's compensation insurance coverage for all of its employees employed on City
Project No. 100424. Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
px>ira�sCO �e�se__fi_, the By:
Company
/rr,43 / �I.W4 zii/
Address
Sigr
gee"k _ C Title:
City/State/Zip
THE STATE OF TEXAS §
COUNTY OF TARRANT §
JA,ee251.0 e, ,
(Please Print)
BEFORE ME, the undersigned authority, on this day personally appeared
—1y,&H AV-"-s , known to me to be the person whose name is
subscribed to the foregoing ins ent and cknvwledged to me that he/she executed the same as
the act and deed of , ,m�T 14; 0 Aire for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVE�1 UNDER MY HAND AND SEAL OF OFFICE this � �� day of
jfir►w , 20-W
�a er CESILIA CANALES
Notary ID M131652996
My Commission Expires Notary Public in and for the State of Texas
Fr,•: t" July 24, 2022
END OF SECTION
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
CP#100931
7
Tx2' PARALLEL HEADWALL, 1 PIPE
EA
1.00
$11,000.00
$11,000.00
8
4x2 BOX CULVERT
LF
199.00
$221.00
$43,979.00
9
21" CL III RCP
LF
48.00
$112.60
$5,404.80
10
24" CL III RCP
LF
55.00
$89.00
$4,895.00
11
24" CL V RCP
LF
59.00
$101.00
$5,959.00
12
20' CURB INLET
EA
1.00
$6,900.00
$6,900.00
13
7x2 BOX CULVERT
LF
736.00
$525.00
$386,400.00
14
T STORM JUNCTION BOX
EA
1.00
$11,100.00
$11,100.00
15 1
MEDIUM STONE RIPRAP, DRY
SY
150.00
$50,00
$7,500.00
16
TRENCH SAFETY
LF
1134.001
$4.00
$4,536.00
17 1
TRAFFIC CONTROL
LS
1.001
$9,000.00
$9,000.00
$534,933.80
BID SUMMARY
TOTAL WATER $ 220,139,80
TOTAL SANITARY SEWER $126,843.80
TOTAL DRAINAGE $534,933.80
PAYMENT, PERFORMANCE & MAINTENANCE BONDS $15,500.00
GRAND TOTAL I $797,417.40
NOTES:
1. Burnsco's bid is based on one move -in for all work quoted in this proposal.
2. Burnsco does not include AGC dues, permit fees, inspection fees, franchise utilities, Staking or Layout
irrigation conduits, sleeves, street signs, clearing or grubbing, grade to drain,seeding, sodding,
density and material testing, concrete removal/replacement, imported material for backfill, Raven 405 lining,
cost of flushing water for testing.
3. Burnsco's bid is based on local readily available materials.
4. Burnsco does not include sales taxes on materials incorporated into this project.
5. All pipe spoils to be stockpiled on -site.
6. Burnsco does not include clean-up of parkways, etc. after franchise utility companies.
7. This proposal shall remain good for 15 days.
8. Burnsco will submit monthly pay applications for work complete though the end of the month. Payment
shall be due on the 10th of the following month.
9. Burnsco reserves the right to approve Owner's credit prior to executing an agreement.
10. Burnsco does not include the cost of exposing or relocating franchise utilities.
11. SWPPP plan, implementation and inpections by owner.
12. This proposal shall be made a part of any contract documents between Owner and Contractor.
Burnsco Construction, Inc.
Ab Grantges
Estimator
Page 2 of 2
00 52 43 -1
Developer Awarded Project Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on ZD is made by and between the Developer,
5 Rainbow Ridge, L.L.C., authorized to do business in Texas ("Developer"), and Bumsco
6 Construction, Inc., authorized to do business in Texas, acting by and through its duly authorized
7 representative, ("Contractor").
8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 Rainbow Ridge —Phase 1-A
17 City Project No. 100931
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 150 calendar days after the date
24 when the Contract Time commences to run as provided in Paragraph 2.04 of the Standard
25 City Conditions of the Construction Contract for Developer Awarded Projects.
26 3.3 Liquidated damages
27 Contractor recognizes that time is of the essence of this Agreement and that Developer
28 will suffer financial loss if the Work is not completed within the times specified in
29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of
30 the Standard City Conditions of the Construction Contract for Developer Awarded
31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in
32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not
33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees
34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay
35 Developer Zero Dollars ($0.00) for each day that expires after the time specified in
36 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No 100931
B003090.001
005243-2
Developer Awarded Project Agreement
Page 2 of 4
37 Article 4. CONTRACT PRICE
38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract
39 Documents an amount in current funds of Seven Hundred Nine -Seven Thousand Four Hundred
40 Seventeen and 401100 Dollars ($7971417.40).
41 Article 5. CONTRACT DOCUMENTS
42 5.1 CONTENTS:
43
A. The Contract Documents which comprise the entire agreement between Developer and
44
Contractor
concerning the Work consist of the following:
45
1.
This Agreement.
46
2.
Attachments to this Agreement:
47
a. Bid Form (As provided by Developer)
48
1) Proposal Form (DAP Version)
49
2) Prequalification Statement
50
3) State and Federal documents (project specific)
51
b. Insurance ACORD Form(s)
52
c. Payment Bond (DAP Version)
53
d. Performance Bond (DAP Version)
54
e. Maintenance Bond (DAP Version)
55
f. Power of Attorney for the Bonds
56
g. Worker's Compensation Affidavit
57
h. MBE and/or SBE Commitment Form (If required)
58
3.
Standard City General Conditions of the Construction Contract for Developer
59
Awarded Projects.
60
4.
Supplementary Conditions.
61
5.
Specifications specifically made a part of the Contract Documents by attachment
62
or, if not attached, as incorporated by reference and described in the Table of
63
Contents of the Project's Contract Documents.
64
6.
Drawings.
65
7.
Addenda.
66
8.
Documentation submitted by Contractor prior to Notice of Award.
67
9.
The following which may be delivered or issued after the Effective Date of the
68
Agreement and, if issued, become an incorporated part of the Contract Documents:
69
a. Notice to Proceed.
70
b. Field Orders.
71
c. Change Orders.
72
d. Letter of Final Acceptance.
73
74
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No 100931
B003090.001
005243-3
Developer Awarded Project Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of, or alleged to arise out of, the work and services to be
79 performed by the contractor, its officers, agents, employees, subcontractors, licenses
80 or invitees under this contract. This indeninitication provision is specifically
81 intended to ollerate and be effective_ even_ if it is alleged or proven that all or some: of
82 the damages being sought were caused. in whole or in part. by any act, omission or
83 negligence of the city. This indemnity provision is intended to include, without
84 limitation, indemnity for costs, expenses and legal fees incurred by the city in
85 defending against such claims and causes of actions.
86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
88 the city, its officers, servants and employees, from and against any and all loss, damage
89 or destruction of property of the city, arising out of, or alleged to arise out of, the work
90 and services to be performed by the contractor, its officers, agents, employees,
91 subcontractors, licensees or invitees under this contract. This indemnification
92 provision is specifically intended to operate and he effective even if it is alleged or
93 proven that all or some of the dams es heirs sought were caused, in whole or in part
94 by anv act. omission or neEhEence of the city.
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of
99 the Construction Contract for Developer Awarded Projects.
100 7.2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the Developer.
103 7.3 Successors and Assigns.
104 Developer and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon DEVELOPER and
111 CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
00 52 43 - 4
Developer Awarded Project Agreement
Page 4 of 4
116
117 7.6 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duly
119 authorized signatory of the Contractor.
120
121
122
123
124
125
126
IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple
counterparts.
This Agreement is effective as of the last date signed by the Parties ("Effective Date").
Contractor:
Developer:
sco Construction, Inc. Rainbow Ridge, L.L.C.
BV: By: j;�;?,l , I/
(Signature) (Signs
(-Q c ^-e-!%
(Printed Name) (Printed Name)
Burnsco Construction, Inc.
6331 Southwest Boulevard
Benbrook, Texas 76132
817-738-3200
Date
Rainbow Ridge, L.L.C.
420 Carroll Avenue
Southlake, Texas 76092
817-991-5800
2,14I -,7 0z0
Date
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090 001
1
2
3
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006125-1
CERTIFICATE OF INSURANCE
Page 1 of 1
SECTION 00 6125
CERTIFICATE OF INSURANCE
[Assembler: For Contract Document execution, remove this page and replace with standard
ACORD Certificate of Insurance form.]
a. END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Rainbow Ridge —Phase 1-A
City Project No. 100931
B003090.001
Bond #022226656
0062 13- 1
PERFORMANCE BOND
Page 103
1 SECTION 00 62 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Burnsco Construction, Inc. , known as
9 "Principal" herein and Liberty Mutual Insurance Company , a corporate
10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Rainbow
12 Ridge, L.L.C., authorized to do business in Texas ("Developer") and the City of Fort Worth, a
13 Texas municipal corporation ("City"), in the penal sum of, Seven Hundred NineV Seven
14 Thousand Four Hundred Seventeen and 40/100 Dollars ($797,417.40), lawful money of the
15 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum
16 well and truly to be made jointly unto the Developer and the City as dual obligees, we bind
17 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
18 firmly by these presents.
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, CIA 17-079; and
22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded
23 the day of , 20_J.,P which Contract is hereby referred to and made a
24 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
25 and other accessories defined by law, in the prosecution of the Work, including any Change
26 Orders, as provided for in said Contract designated as RAINBOW RIDGE — PHASE 1-A.
27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
28 shall faithfully perform it obligations under the Contract and shall in all respects duly and
29 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
30 specifications, and contract documents therein referred to, and as well during any period of
31 extension of the Contract that may be granted on the part of the Developer and/or City, then this
32 obligation shall be and become null and void, otherwise to remain in full force and effect.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
006213-2
PERFORMANCE BOND
Page 2 of 3
1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
3 Worth Division.
4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
6 accordance with the provisions of said statue.
7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
8 this instrument by duly authorized agents and officers on this the AW_ day of
9 , 20,i
10
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23
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ATTEST;
V
/J..
(Principal) S
jj/ 1--
Witness as to Principa
Witness as to Surety
PRINCIPAL:
Burnsc on uction, Inc.
BY:
5i ature
John Burns, President
Name and Title
Address: 6331 Southwest Blvd.
Benbrook, TX 76132
SURETY:
Liberty Mutual Insurance Company___
y 1
BY:
Signature
Sophinie Hunter, Attorney -In -Fact
Name and Title
Address: 2200 Renaissance Blvd #400
King of Prussia, PA 19406
Telephone Number: 214-989-0000
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
CITY OF FORT WORTH Rainbow Ridge —Phase 1 A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Projecl No. 100931
B003090.001
006213-3
PERFORMANCE BOND
Page 3 of 3
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
Bond #022226656
006214-1
PAYMENT BOND
Page 1 of 2
1 SECTION 00 6214
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we, Burnsco Construction, Inc. known as
9 "Principal" herein, and Liberty Mutual Insurance Company _ a
10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of
11 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the
12 Developer, Rainbow Ridge, L.L.C., authorized to do business in Texas "(Developer"), and the
13 City of Fort Worth, a Texas municipal corporation ("City"), in the penal sum of Seven Hundred
14 Nine Seven Thousand Four Hundred Seventeen and 401100 Dollars ($797,417.40), lawful
15 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of
16 which sum well and truly be made jointly unto the Developer and the City as dual obligees, we
17 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
18 firmly by these presents:
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, CIA 17-079; and
22 WHEREAS, Principal has entered into a certain written Contract with Developer,
23 awarded the _day of 20,,,Z-O , which Contract is hereby
24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all
25 materials, equipment, labor and other accessories as defined by law, in the prosecution of the
26 Work as provided for in said Contract and designated as RAINBOW RIDGE — PHASE 1-A.
27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
28 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
30 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
31 force and effect.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
00 62 14 - 2
PAYMENTBOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statute.
4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the `'�°day of
G j., 20.
7
S
9
10
11
12
13
14
PRINCIPAL:
Burnsco Construction, Inc.
ATTEST: BY: L 41/
Signa e
}. John Burns, President
(Principal) S r Name and Title
Address: 6331 Southwest Blvd.
Benbrook, TX 76132
Witness as to Principal
SURETY:
Liberty Mutual Insurance Company
ATTEST:
(Surety) Secretary
Witness as to Surety
Ez.
Sophinie Hunter, Attorney -In -Fact
Name and Title
Address: 2200 Renaissance Blvd #400
King of Prussia, PA 19406
Telephone Number: 214-989-0000
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
END OF SECTION
CITY OF FORT WORTH Rainbow Ridge -Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS City Projeci No. 100931
B003090.001
Bond #022226656
00 62 19 - 1
MAINTENANCE BOND
Page 1 of 3
1 SECTION 00 62 19
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we Burnsco Construction, Inc. , known as
9 "Principal" herein and Liberty Mutual Insurance Company _ a corporate surety
10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as
11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Rainbow
12 Ridge, L.L.C., authorized to do business in Texas ("Developer") and the City of Fort Worth, a
13 Texas municipal corporation ("City"), in the sum of Seven Hundred Ninety Seven Thousand Four
14 Hundred Seventeen and 401100 Dollars ($797,417.40), lawful money of the United States, to be
15 paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made
16 jointly unto the Developer and the City as dual obligees and their successors, we bind ourselves,
17 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
18 presents.
19
20 WHEREAS, Developer and City have entered into an Agreement for the construction of
21 community facilities in the City of Fort Worth by and through a Community Facilities
22 Agreement, CFA 17-079; and
23 WHEREAS, the Principal has entered into a certain written contract with the Developer
24 awarded the 4 "day of , 20AP, which Contract is
25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all
26 materials, equipment labor and other accessories as defined by law, in the prosecution of the
27 Work, including any Work resulting from a duly authorized Change Order (collectively herein,
28 the "Work") as provided for in said Contract and designated as RAINBOW RIDGE — PHASE 1-
29 A; and
30
31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
32 accordance with the plans, specifications and Contract Documents that the Work is and will
33 remain free from defects in materials or workmanship for and during the period of two (2) years
34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
006219-2
MAINTENANCE BOND
Page 2 of 3
1
2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
3 upon receiving notice from the Developer and/or City of the need thereof at any time within the
4 Maintenance Period.
5
6 NOW THEREFORE, the condition of this obligation is such that if Principal shall
7 remedy any defective Work, for which timely notice was provided by Developer or City, to a
8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to
9 remain in full force and effect.
10
11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
12 noticed defective Work, it is agreed that the Developer or City may cause any and all such
13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne
14 by the Principal and the Surety under this Maintenance Bond; and
15
16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
18 Worth Division; and
19
20 PROVIDED FURTHER, that this obligation shall be continuous in nature and
21 successive recoveries may be had hereon for successive breaches.
22
23
24
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
006219-3
MAINTENANCE BOND
Page 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 �'� day of
3 20 a&.
IF
5
6
7
8
9
10
11 ATTEST: r
12 k
13
j(__
14 (Principal) Sec
15
16
17
18 A)
19
20 Witness as to Principal
21
22
23
24
25
26
27
28
29 ATTEST:
30
31
32 (Surety) Secretary,
33
34
35 Witness as to Surety
36
37 *Note:
38
39
40
41
42
PRINCIPAL:
Burnp6o_CZNstruction, Inc.
B .
S ature
John Burns President
Name and Title
Address: 6331 Southwest Blvd.
Benbrook. TX 76132
SURETY:
Liberty Mutual Insurance Company
RunW_FfrIl
_
J1.
So hinie Hunter Attorney -In -Fact
Name and Title
Address: 2200 Renaissance Blvd #400
King of Prussia PA 19406
Telephone Number: 214-989-0000
If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
�d)
oW
N
N N
W 'rn
O
Ili O
0 N
cM
OLiberty
_Wmutuil.
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
POWER OF ATTORNEY
Certificate No: 8200743
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized
under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,
Robbi Morales, Don E. Cornell, Sophinie Hunter, Tina McEwan, Tonie Petranek, Ricardo J Reyna, Joshua Saunders, Kelly A. Westbrook
all of the city of Dallas state of TX each individually if there be more than one named, its true and lawful attomey-in-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as ils act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 19th day of March 1 2019 .
Liberty Mutual Insurance Company
Pv tNSr/RggY rNgV INst�Rq The Ohio Casualty Insurance Company
�o�°�, 4aRP°�er�Fy �4 �oRPe^k} West American Insurance Company
Z Fa m y °a
1912 0 0 1919�0 1991 0
Y4,jl �a-r u .aa �0 0/AMV, da �S �'y°IA1NA
s77 By:
David M. Carey, Assistant Secretary
Slate of PENNSYLVANIA
County of MONTGOMERY ss
On this 19th day of March , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = N
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. w
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
sp, PAsr,
k. nHyy t`{ COMMONWEALTH OF PENNBYLVANIA
Notarial
OF Teresa Pastelle, Notary Public
F--y
er MenonTwp., Montgomery County By:
VSPZCommission Expires March 28, 2021eresa Pastella, Notary Public
Member, Pennsylvania Associatlon or Notaries
ARy
m This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12. Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of
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SURETY
TEXAS
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call toll -free for information or to
make a complaint at
1-877-751-2640
You may also write to:
2200 Renaissance Blvd., Ste. 400
King of Prussia, PA 19406-2755
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
Consumer Protection (I I I-1A)
P. O. Box 149091
Austin, TX 78714-9091
FAX: (512) 490-1007
Web: http://www.tdi.texas.aov
E-mail: ConsumerProtection a.tdi.texas.gov
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should first
contact the agent or call 1-800-843-6446.
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.
TEXAS
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede llamar al numero de telefono gratis
para informacion o para someter una queja al
1-877-751-2640
Usted tambien puede escribir a:
2200 Renaissance Blvd., Ste. 400
King of Prussia, PA 19406-2755
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion
acerca de companias, coberturas, derechos o
quejas al
1-800-252-3439
Puede escribir al Departamento de Seguros
de Texas Consumer Protection (I I I-1A)
P. O. Box 149091
Austin, TX 78714-9091
FAX # (512) 490-1007
Web: http://www.tdi.texas.gov
E-mail: ConsumerProtection@a..tdi.texas.ggv
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiena una disputa concerniente a su prima o a
un reclamo, debe comunicarse con el agente o
primero. Si no se resuelve la disputa, puede
entonces comunicarse con el departamento (TDI)
UNA ESTE AVISO A SU POLIZA.
Este aviso es solo para proposito de informacion
y no se convierte en parte o condicion del
documento adjunto.
NP70680901
LMS-15292 10/15
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: Dovx xr21, 2012 B003090.001
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 — Definitions and Terminology.......................................................................................................... ]
1.01 Defined Terms...............................................................................................................................1
1.02 Tenninology..................................................................................................................................6
Article2 —
Preliminary Matters.....................................................................................................................
7
2.01
Copies of Documents....................................................................................................................
7
2.02
Commencement of Contract Time; Notice to Proceed
................................................................ 7
2.03
Starting the Work..........................................................................................................................
8
2.04
Before Starting Construction .............. - —.....................................................................................
8
2.05
Preconstruction Conference..........................................................................................................8
2.06
Public Meeting..............................................................................................................................
8
2.07
Initial Acceptance of Schedules....................................................................................................
8
Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards......................................................................................................................9
3.03 Reporting and Resolving Discrepancies....................................................................................... 9
3.04 Amending and Supplementing Contract Documents................................................................. 10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................1 i
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands................................................................................................................1.11
4.02 Subsurface and Physical Conditions..........................................................................................12
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities...............................................................................................................13
4.05 Reference Points.........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article5 — Bonds and Insurance............,........................................................................................................16
5.01 Licensed Sureties and Insurers...................................................................................................16
5.02 Performance, Payment, and Maintenance Bonds.......................................................................16
5.03 Certificates of Insurance.............................................................................................................16
5.04 Contractor's Insurance................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19
Article 6 — Contractor's Responsibilities ........
6.01 Supervision and Superintendence
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision: Dwmixr 21, 2012
..........................................................19
...............................................................................................19
Rainbow Ridge - Phase 1-A
City Project No. 100930
13003090.001
6.02 Labor; Working Hours ............. , ... , . , ,........................................................................................... 20
6.03 Services, Materials, and Equipment........................................................................................... 20
6.04 Project Schedule..........................................................................................................................21
6.05 Substitutes and "Or-Equals"....................................................................................................... 21
6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24
6.07 Wage Rates.................................................................................................................................. 25
6.08 Patent Fees and Royalties........................................................................................................... 26
6.09 Permits and Utilities.................................................................................................................... 27
6.10 Laws and Regulations................................................................................................................. 27
6.11 Taxes........................................................................................................................................... 28
6.12 Use of Site and Other Areas....................................................................................................... 28
6.13 Record Documents......................................................................................................................29
6.14 Safety and Protection.................................................................................................................. 29
6.15 Safety Representative.................................................................................................................. 30
6.16 Hazard Communication Programs............................................................................................. 30
6.17 Emergencies and/or Rectification............................................................................................... 30
6.18 Submittals....................................................................................................................................31
6.19 Continuing the Work...................................................................................,............................... 32
6.20 Contractor's General Warranty and Guarantee.......................................................................... 32
6.21 Indemnification .................... ..................................................................................................... 33
6.22 Delegation of Professional Design Services.............................................................................. 34
6.23 Right to Audit.............................................................................................................................. 34
6.24 Nondiscrimination.......................................................................................................................35
Article7 - Other Work at the Site................................................................................................................... 35
7.01 Related Work at Site................................................................................................................... 35
7.02 Coordination................................................................................................................................36
Article8 - City's Responsibilities............................................................. ,.................................... ................. 36
8.01
Communications to Contractor...................................................................................................36
8.02
Furnish Data................................................................................................................................
36
8.03
Pay When Due............................................................................................................................
36
8.04
Lands and Easements; Reports and Tests...................................................................................
36
8.05
Change Orders.............................................................................................................................36
8.06
Inspections, Tests, and Approvals..............................................................................................
36
8.07
Limitations on City's Responsibilities.......................................................................................
37
8.08
Undisclosed Hazardous Environmental Condition....................................................................
37
8.09
Compliance with Safety Program...............................................................................................
37
Article 9 - City's Observation Status During Construction........................................................................... 37
9.01 City's Project Representative..................................................................................................... 37
9.02 Visits to Site................................................................................................................................ 37
9.03 Authorized Variations in Work.................................................................................................. 38
9.04 Rejecting Defective Work.......................................................................................................... 38
9.05 Deternunations for Work Performed.......................................................................................... 38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: DcccsnTer21, 2012 B003090.001
Article 10 - Changes in the Work; Claims; Extra Work ......
10.01 Authorized Changes in the Work .....................
10.02 Unauthorized Changes in the Work .................
10.03 Execution of Change Orders .............................
10.04 Extra Work ........................................................
10.05 Notification to Surety........ ................................
10.06 Contract Claims Process ...................................
.......................................................................... 38
.......................................................................... 38
.......................................................................... 39
...................................................................... 39
.......................................................................... 39
......................................................................1... 39
......... ........................... .................... -. 40
Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41
11.01 Cost of the Work........ ......... ....................................................................................................... 41
11.02 Allowances.................................................................................................................................. 43
11.03 Unit Price Work..... ........... ......................................................................................................... 44
11.04 Plans Quantity Measurement...................................................................................................... 45
Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Time............................................................................................................ 47
12.03 Delays..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48
13.01 Notice of Defects..........................................................---...........................................................48
13.02 Access to Work........................................................................................................................... 48
13.03 Tests and Inspections.................................................................................................................. 48
13.04 Uncovering Work........................................................................................................................ 49
13.05 City May Stop the Work............................................................................................................. 49
13.06 Correction or Removal of Defective Work................................................................................ 50
13.07 Correction Period........................................................................................................................ 50
13.08 Acceptance of Defective Work................................................................................................... 51
13.09 City May Correct Defective Work............................................................................................. 51
Article 14 - Payments to Contractor and Completion.................................................................................... 52
14.01 Schedule of Values...................................................................................................................... 52
14.02 Progress Payments...................................................................................................................... 52
14.03 Contractor's Warranty of Title................................................................................................... 54
14.04 Partial Utilization........................................................................................................................ 55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment.............................................................................................................................. 56
14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56
14.09 Waiver of Claims........................................................................................................................ 57
Article 15 - Suspension of Work and Termination........................................................................................ 57
15.01 City May Suspend Work............................................................................................................. 57
15.02 City May Terminate for Cause................................................................................................... 58
15.03 City May Terminate For Convenience....................................................................................... 60
Article16 - Dispute Resolution...................................................................................................................... 61
16.01 Methods and Procedures............................................................................................................. 61
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: Do nbcr21, 2012 B003090.001
Article17 — Miscellaneous.............................................................................................................................. 62
17.01 Giving Notice.............................................................................................................................. 62
17.02 Computation of Times................................................................................................................ 62
17.03 Cumulative Remedies................................................................................................................. 62
17.04 Survival of Obligations............................................................................................................... 63
17.05 Headings...................................................................................................................................... 63
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: I k-A=iber21, 2012 B003090.001
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General Conditions
Pagel of 63
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda- Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement —The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment —The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. 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.
5. Award — Authorization by the City Council for the City to enter into an Agreement.
6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder —The individual or entity who submits a Bid directly to City.
8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. 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.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: FkcoT&--r 21, 2012 B003090.001
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General Conditions
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13. Change Order —A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City-- The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third parry is not a Contract Claim.
19. Contract —The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents —Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price —The moneys payable by City to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor —The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: Dwmiber 21, 2012
B003090.001
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General Conditions
Page 3 of 63
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings- -That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order — A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: F)c=Tbcr21, 2012 B003090.001
007200-1
General Conditions
Page 4 of 63
38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements —Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone —A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award —The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs Polychlorinated biphenyls.
49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
50. Plans — See definition of Drawings.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
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General Conditions
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51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project —The Work to be performed under the Contract Documents.
53. Project Representative —The authorized representative of the City who will be assigned to
the Site.
54. Public Meeting — An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
57. Samples —Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. 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.
59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights -of -way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. 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.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
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General Conditions
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63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions —That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition.
70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work —The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATTON DOCUMENTS City Project No. 100930
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Page 7 of 63
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. 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.
D. Furnish, Install, Perform, Provide.
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. 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.
ARTICLE 2 — PRELE IINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
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General Conditions
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline 'Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 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.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
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section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
Contractor's Review of Contract Documents Before Starting Work. Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required for
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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4.04
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated.-
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Papvgi-aph 4.06.G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual's or entity's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
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ARTICLE 5 — BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.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 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary 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.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. 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.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. 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%.
10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maiittaitied through insurance pools or risk
retention groups, must also be approved by City.
11. 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.
12. 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.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
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
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
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 (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
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 requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 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 City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
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
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
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.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 0132 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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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
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
deter -nine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 0125 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) 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:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.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 (or in the
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
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. 1.
G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and
equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business
Diversity Ordinance (as amended) by the following:
1. Contractor shall, upon request by the City, provide complete and accurate information
regarding actual work performed by a MBE and/or SBE on the Contract and payment
therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MBE 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 MBE and/or SBE. Material misrepresentation of any nature may be grounds
for termination of the Contract in accordance with Paragraph 15.02.A. 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.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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6.07
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.
F. 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.
G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any
of the Work shall communicate with City through Contractor.
H. 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 the Contract
Documents for the benefit of City.
Wage Rates
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
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D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the I Ith day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
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the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding pen -nits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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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 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. hM://www.window.state.tx.us/taxinfo/taxforms/93-forins.html
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
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
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.
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3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, 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 the costs of such direct action, plus 25 % of
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 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
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.
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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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
other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.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.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
l . observations by City;
2. recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
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
5.02.13. The City will give notice of observed defects with reasonable promptness.
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. )E N IS PE IFI AIINTENDE12 TO
OPERATE AND BE EFEECTIVE FVEN JE ITI' ALLEGED OR PROVEN 1
Og SOME Oy -rgE nAMAGES BEING SOUGHT WFRE CAUSED --IN WHOLE QR IN
PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF' THE, CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. TRIS MEMNIFICATION PROVISION
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II 1�411 III I
IMM / 11
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
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 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
B. 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
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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.
C. 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.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
City in writing any delays, defects, or deficiencies in such other work that render it unavailable
or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so
report will constitute an acceptance of such other work as fit and proper for integration with
Contractor's Work except for latent defects in the work provided by others.
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7.02 Coordination
A. If City intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
9.05 Determinations for Work Per
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).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a 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, a Field
Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 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.
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10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14.09, shall be referred to the City for decision. A decision by City shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
resolution of the Contract Claim, such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.013, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.013, and shall
include but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include;
a. salaries with a 55% markup, or
b. salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor's fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0LAA, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City.
B. Pre -bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre -bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be
made at the unit price bid for that Item, except as provided for in Article 10.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost
of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work;
or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum or unit price is not reached under Paragraph 12.0l.B.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.0l.A.I, 11.01.A.2. and 11.01.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipinent using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.0l .A.4 and 11.0l .A.5, the Contractor's fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and
12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and
11.01.13;
d. the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. 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.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 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.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 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 13.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay 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 uncovering, exposure, observation, inspection, and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
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 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, 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 should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay 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) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 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
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, 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
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05,
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retainage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
a. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of
such Liens;
b. there are other items entitling City to a set-off against the amount recommended; or
c. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A.
2. If City refuses to make payment of the amount requested, City will give Contractor written
notice stating the reasons for such action and pay Contractor any amount remaining after
deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or
any adjustment thereto agreed to by City and Contractor, when Contractor remedies the
reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and egtiipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
the time of payment free and clear of all Liens.
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14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use:
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
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.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. 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.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5.02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERNIINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
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
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under
Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
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obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.023, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
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15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
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D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within 45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other parry to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or ,
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if.
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving parry.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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17.04 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.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH Rainbow Ridge - Phase 1-A
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS City Project No. 100930
Revision: fkvxiv1x-i 21, 2012 B003090.001
STANDARD CITY CONDITIONS
OF THE CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
STANDARD CITY CONDITIONS OF THE
CONSTRUCTION CONTRACT
FOR DEVELOPER AWARDED PROJECTS
TABLE OF CONTENTS
Page
Article 1 — Definitions and Terminology..........................................................................................................1
1.01 Defined Terms...............................................................................................................................1
1.02 Terminology..................................................................................................................................5
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
Article4 — Bonds and Insurance....................................................................................................................... 7
4.01 Licensed Sureties and Insurers..................................................................................................... 7
4.02 Performance, Payment, and Maintenance Bonds........................................................................ 7
4.03 Certificates of Insurance............................................................................................................... 7
4.04 Contractor's Insurance .................................. _............................................................................. 9
4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12
Article 5 — Contractor's Responsibilities........................................................................................................12
5.01 Supervision and Superintendent.................................................................................................12
5.02 Labor; Working Hours................................................................................................................13
5.03 Services, Materials, and Equipment...........................................................................................13
5.04 Project Schedule..........................................................................................................................14
5.05 Substitutes and "Or-Equals".......................................................................................................14
5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors).....................................16
5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16
5.08 Wage Rates..................................................................................................................................18
5.09 Patent Fees and Royalties...........................................................................................................19
5.10 Laws and Regulations.................................................................................................................19
5.11 Use of Site and Other Areas.......................................................................................................19
5.12 Record Documents...................................................................................................................... 20
5.13 Safety and Protection.................................................................................................................. 21
5.14 Safety Representative................................................................................................................. 21
5.15 Hazard Communication Programs............................................................................................. 22
5.16 Submittals....................................................................................................................................22
5.17 Contractor's General Warranty and Guarantee.......................................................................... 23
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
5.18 Indemnification........................................................................................................................... 24
5.19 Delegation of Professional Design Services.............................................................................. 24
5.20 Right to Audit: ....... ..................... ................................................................................................ 25
5.21 Nondiscrimination.......................................................................................................................25
Article6 - Other Work at the Site................................................................................................................... 26
6.01 Related Work at Site................................................................................................................... 26
Article7 - City's Responsibilities................................................................................................................... 26
7.01 Inspections, Tests, and Approvals.............................................................................................. 26
7.02 Limitations on City's Responsibilities....................................................................................... 26
7.03 Compliance with Safety Program............................................................................................... 27
Article 8 -
City's Observation Status During Construction........................................................................... 27
8.01
City's Project Representative ........................... ..........................................................................
27
8.02
Authorized Variations in Work..................................................................................................
27
8.03
Rejecting Defective Work..........................................................................................................
27
8.04
Determinations for Work Performed..........................................................................................28
Article9 -
Changes in the Work.....................................................................................................................28
9.01
Authorized Changes in the Work...............................................................................................28
9.02
Notification to Surety.................................................................................................................. 28
Article 10 - Change of Contract Price; Change of Contract Time................................................................ 28
10.01 Change of Contract Price............................................................................................................28
10.02 Change of Contract Time............................................................................................................ 28
10.03 Delays..........................................................................................................................................28
Article I I - 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
Article12 - Completion.................................................................................................................................. 32
12.01 Contractor's Warranty of Title................................................................................................... 32
12.02 Partial Utilization........................................................................................................................ 32
12.03 Final Inspection ........................................... --.............................................................................. 32
12.04 Final Acceptance......................................................................................................................... 33
Article13 - Suspension of Work.................................................................................................................... 33
13.01 City May Suspend Work............................................................................................................ 33
Article14 - Miscellaneous.............................................................................................................................. 34
14.01 Giving Notice.............................................................................................................................. 34
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CrrY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
14.02 Computation of Times................................................................................................................ 34
14.03 Cumulative Remedies................................................................................................................. 34
14.04 Survival of Obligations............................................................................................................... 35
14.05 Headings......................................................................................................................................35
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
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ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
Agreement - The written instrument which is evidence of the agreement between Developer
and Contractor covering the Work
2. Asbestos —Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
3. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
4. Buzzsaw — City's on-line, electronic document management and collaboration system.
5. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight.
6. City— The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by,
its governing body through its City Manager, his designee, or agents authorized pursuant to
its duly authorized charter on his behalf.
7. Community Facilities Agreement (CFA) A Contract between the Developer and the City
for the Construction of one or more following public facilities within the City public right-of-
way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs.
A CFA may include private facilities within the right-of-way dedicated as private right-of-
way or easement on a recorded plat.
8. Contract —The entire and integrated written document incorporating the Contract
Documents between the Developer, Contractor, and/or City concerning the Work. The
Contract supersedes prior negotiations, representations, or agreements, whether written or
oral.
9. Contract Documents —Those items that make up the contract and which must include the
Agreement, and it's attachments such as standard construction specifications, standard City
Conditions, other general conditions of the Developer, including:
a. An Agreement
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
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b. Attachments to the Agreement
i. Bid Form
ii. Vendor Compliance with State Law Non -Resident Bidder
iii. Prequalification Statement
C. Current Prevailing Wage Rates Table (if required by City)
d. Insurance Accord Form
C. Payment Bond
£ Performance Bond
g. Maintenance Bond
h. Power of Attorney for Bonds
i. Workers Compensation Affidavit
j. MWBE Commitment Form( If required by City)
k. General Conditions
1. Supplementary Conditions
In. The Standard City Conditions
n. Specifications specifically made part of the Contract Documents by attachment, if
not attached, as incorporated by reference and described in the Table of Contents of
the Project's Contract Documents
o. Drawings
A Documentation submitted by contractor prior to Notice of Award.
q. The following which may be delivered or issued after the effective date if the
Agreement and, if issued become an incorporated part of the Contract Documents
i. Notice to Proceed
ii. Field Orders
iii. Change Orders
IV. Letters of Final Acceptance
r. Approved Submittals, other Contractor submittals, and the reports and drawings of
subsurface and physical conditions are not Contract Documents.
10. Contractor —The individual or entity with whom Developer has entered into the Agreement.
11. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
12. Developer — An individual or entity that desires to make certain improvements within the
City of Fort Worth
13. Drawings —That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
14. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the Developer.
15. Final Acceptance — The written notice given en by the City to the Developer and/or Contractor
that the Work specified in the Contract Documents has been completed to the satisfaction of
the City.
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Standard City Conditions Of The Construction Contract For Developer Awarded Projects
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16. Final Inspection — Inspection carried out by the City to verb that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
17. General Requirements —A part of the Contract Documents between the Developer and a
Contractor.
18. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
19. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
20. Milestone —A principal event specified in the Contract Documents relating to an
intermediate Contract Time prior to Final Acceptance of the Work.
21. Non -Participating Change Order —A document, which is prepared for and reviewed by the
City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
22. Participating Change Order —A document, which is prepared for and approved by the City,
which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or
revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on
or after the Effective Date of the Agreement.
23. Plans — See definition of Drawings.
24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
25. Project —The Work to be performed under the Contract Documents.
26. Project Representative —The authorized representative of the City who will be assigned to
the Site.
27. Public Meeting — An announced meeting conducted by the Developer to facilitate public
participation and to assist the public in gaining an informed view of the Project.
28. Regular Working Hours — Hours beginning at 7: 00 a.m. and ending at 6:00 p.m., Monday
thru Friday (excluding legal holidays).
29. Samples —Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
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30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or
Developer upon which the Work is to be performed, including rights -of -way, permits, and
easements for access thereto, and such other lands furnished by City or Developer which are
designated for the use of Contractor.
32. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
Specifications may be specifically made a part of the Contract Documents by attachment or,
if not attached, may be incorporated by reference as indicated in the Table of Contents
(Division 00 00 00) of each Project.
33. Standard City Conditions — That part of the Contract Documents setting forth requirements
of the City.
34. Subcontractor An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of apart of the Work at the Site.
35. Submittals All drawings, diagrums, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
36. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and/or Developer and to act for the Contractor.
37. Supplementary Conditions —That part of the Contract Documents which amends or
supplements the General Conditions.
38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having
a direct contract with Contractor or with any Subcontractor to furnish materials or
equipment to be incorporated in the Work by Contractor or Subcontractor.
39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to, those that convey
electricity, gases, steam, liquid petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or
other control systems.
40. Weekend Working Hours — Hours beginning at 9: 00 a.m. and ending at 5: 00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
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41. Work —The entire construction or the various separately identifiable parts thereof required
to be provided under the Contract Documents. Work includes and is the result of performing
or providing all labor, services, and documentation necessary to produce such construction
including any Participating Change Order, Non -Participating Change Order, or Field
Order, and furnishing, installing, and incorporating all materials and equipment into such
construction, all as required by the Contract Documents.
42. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or
legal holidays authorized by the City for contract purposes, in which weather or other
conditions not under the control of the Contractor will permit the performance of the
principal unit of work underway for a continuous period of not less than 7 hours between 7
a.m. and 6 p. m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
C. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
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ARTICLE 2 — PRELIMINARY MATTERS
2.01 Before Starting Construction
Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting
the Work. New schedules will be submitted to City when Participating Change Orders or Non -
Participating Change Orders occur.
2.02 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.03 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
ARTICLE 3 — CONTRACT DOCUMENTS AND AMENDING
3.01 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision or instruction shall be effective to assign to City, or any of its officers,
directors, members, partners, employees, agents, consultants, or subcontractors, any duty or
authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
3.02 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Participating Change Order or a
Non -Participating Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
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1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or
2. City's written interpretation or clarification.
ARTICLE 4 — BONDS AND INSURANCE
4.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverage so required.
Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided Section 4.04.
4.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in
accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount
equal to the Contract Price as security for the faithful performance and payment of all of
Contractor's obligations under the Contract Documents.
B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount
equal to the Contract Price as security to protect the City against any defects in any portion of the
Work described in the Contract Documents. Maintenance bonds shall remain in effect for two
(2) years after the date of Final Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 4.01 and 4.02.C.
4.03 Certificates of Insurance
Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee
identified in these Standard City Conditions certificates of insurance (and other evidence of
insurance requested by City or any other additional insured) which Contractor is required to
purchase and maintain.
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The certificate of insurance shall document the City, an as "Additional Insured" on all
liability policies.
2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in these Standard City
Conditions. Failure of the City to demand such certificates or other evidence of full
compliance with the insurance requirements or failure of the City to identify a deficiency
from evidence that is provided shall not be construed as a waiver of Contractor's obligation
to maintain such lines of insurance coverage.
6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
9. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first -dollar basis, must be acceptable to and approved by the City.
11. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
12. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
13. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
4.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
3. The limits of liability for the insurance shall provide the following coverages for not less
than the following amounts or greater where required by Laws and Regulations
a. Statutory limits
b. Employer's liability
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1) $100,000 each accident/occurrence
2) $100,000 Disease - each employee
3) $500,000 Disease - policy limit
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance
Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the City. The Commercial General
Liability policy, shall have no exclusions by endorsements that would alter of nullify
premises/operations, products/completed operations, contractual, personal injury, or advertising
injury, which are normally contained with the policy, unless the City approves such exclusions
in writing.
1. For construction projects that present a substantial completed operation exposure, the City
may require the contractor to maintain completed operations coverage for a minimum of no
less than three (3) years following the completion of the project
2. Contractor's Liability Insurance under this Section which shall be on a per project basis
covering the Contractor with minimum limits of:
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance)
making the General Aggregate Limits apply separately to each job site.
4. The Commercial General Liability Insurance policies shall provide "X", "C", and "U"
coverage's. Verification of such coverage must be shown in the Remarks Article of the
Certificate of Insurance.
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in
an amount not less than the following amounts:
a. Automobile Liability - a commercial business policy shall provide coverage on "Any
Auto", defined as autos owned, hired and non -owned.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
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1) $1, 000, 000 each accident on a combined single limit basis. Split limits are
acceptable if limits are at least:
2) $250,000 Bodily Injury per person
3) $500,000 Bodily Injury per accident /
4) $100,000 Property Damage
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the following requirements:
The Contractor's construction activities will require its employees, agents, subcontractors,
equipment, and material deliveries to cross railroad properties and tracks owned and
operated by:
Write the name of the railroad company. (If none, then write none)
2. The Contractor shall conduct its operations on railroad properties in such a manner as not to
interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use
or operation of its/their trains or other property. Such operations on railroad properties may
require that Contractor to execute a "Right of Entry Agreement" with the particular railroad
company or companies involved, and to this end the Contractor should satisfy itself as to the
requirements of each railroad company and be prepared to execute the right -of -entry (if any)
required by a railroad company. The requirements specified herein likewise relate to the
Contractor's use of private and/or construction access roads crossing said railroad company's
properties.
3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions
shall provide coverage for not less than the following amounts, issued by companies
satisfactory to the City and to the Railroad Company for a term that continues for so long as
the Contractor's operations and work cross, occupy, or touch railroad property:
a. General Aggregate:
b. Each Occurrence: :
Enter limits provided by Railroad Company (If none, write none)
Enter limits provided by Railroad Company (If none, write none)
4. With respect to the above outlined insurance requirements, the following shall govern:
a. Where a single railroad company is involved, the Contractor shall provide one insurance
policy in the name of the railroad company. However, if more than one grade separation
or at -grade crossing is affected by the Project at entirely separate locations on the line or
lines of the same railroad company, separate coverage may be required, each in the
amount stated above.
b. Where more than one railroad company is operating on the same right-of-way or where
several railroad companies are involved and operated on their own separate rights -of -
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way, the Contractor may be required to provide separate insurance policies in the name
of each railroad company.
c. If, in addition to a grade separation or an at -grade crossing, other work or activity is
proposed on a railroad company's right-of-way at a location entirely separate from the
grade separation or at -grade crossing, insurance coverage for this work must be included
in the policy covering the grade separation.
d. If no grade separation is involved but other work is proposed on a railroad company's
right-of-way, all such other work may be covered in a single policy for that railroad, even
though the work may be at two or more separate locations.
No work or activities on a railroad company's property to be performed by the Contractor
shall be commenced until the Contractor has furnished the City with an original policy or
policies of the insurance for each railroad company named, as required above. All such
insurance must be approved by the City and each affected Railroad Company prior to the
Contractor's beginning work.
6. The insurance specified above must be carried until all Work to be performed on the railroad
right-of-way has been completed and the grade crossing, if any, is no longer used by the
Contractor. In addition, insurance must be carried during all maintenance and/or repair work
performed in the railroad right-of-way. Such insurance must name the railroad company as
the insured, together with any tenant or lessee of the railroad company operating over tracks
involved in the Project.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured. There shall be no time credit for days not worked pursuant to this section.
4.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the Developer and City shall so notify the
Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence
requested). Contractor shall provide to the City such additional information in respect of insurance
provided as the Developer or City may reasonably request. If Contractor does not purchase or
maintain all of the bonds and insurance required by the Contract Documents, the Developer or City
shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure
to maintain prior to any change in the required coverage.
ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES
5.01 Supervision and Superintendent
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
5.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
5.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other facilities and incidentals necessary for the
performance, Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
5.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and
the General Requirements) proposed adjustments in the Project Schedule.
2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 9. Adjustments in Contract Time
for projects with City participation shall be made by participating change orders.
5.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
"Or -Equal " Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
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2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 0125 00 and:
1) shall certify that the proposed substitute item will:
i. perform adequately the functions and achieve the results called for by the general
design;
ii. be similar in substance to that specified;
iii. be suited to the same use as that specified; and
2) will state:
i. the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
ii. whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
iii. whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
i. all variations of the proposed substitute item from that specified;
ii. available engineering, sales, maintenance, repair, and replacement services; and
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4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 5.05.A.2.
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute
shall be incorporated to the Contract by Participating Change Order.
5.06 Pre -Qualification of Bidders (Prime Contractors and Subcontractors)
A. The Contractor and any subcontractors are required to be prequalified for the work types
requiring pre -qualification
5.07 Concerning Subcontractors, Suppliers, and Others
A. Minority and Women Owned Business Enterprise Compliance:
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❑ Required for this Contract.
(Check this box if there is any City Participation)
❑ Not Required for this Contract.
It is City policy to ensure the full and equitable participation by Minority and Women Business
Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the
Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent
of the City's MWBE Ordinance (as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract. Any such misrepresentation may be grounds for disqualification
of Contractor to bid on future contracts with the City for a period of not less than three years.
B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between City and any such Subcontractor, Supplier or other
individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys
due any such Subcontractor, Supplier, or other individual or entity except as may otherwise
be required by Laws and Regulations.
C. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing
any of the Work shall communicate with City through Contractor.
E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract
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Documents, Contractor shall provide City contract numbers and reference numbers to the
Subcontractors and/or Suppliers.
5.08 Wage Rates
❑ Required for this Contract.
❑ Not Required for this Contract.
A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of
Chapter 2258, Texas Government Code (as amended), including the payment of not less than the
rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in
accordance with Chapter 2258. Such prevailing wage rates are included in these Contract
Documents.
B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage
shall, upon demand made by the City, pay to the City $60 for each worker employed for each
calendar day or part of the day that the worker is paid less than the prevailing wage rates
stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the
Contractor or Subcontractor and any affected worker of its initial determination. Upon the
City's determination that there is good cause to believe the Contractor or Subcontractor has
violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates,
such amounts being subtracted from successive progress payments pending a final determination
of the violation.
D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the 15th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
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occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
5.09 Patent Fees and Royalties
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from
the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
5.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.01.
5.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
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other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
3. Should any Damage Claim be made by any such owner or occupant because of the
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as
the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the
written notice (by letter or electronic communication), and shall be entitled to recover its cost in
doing so. The City may withhold Final Acceptance until clean-up is complete and cost are
recovered.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
5.12 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor
and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated
to show changes made during construction. These record documents together with all approved
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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 programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
5.14 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
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5.15 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or
among employers in accordance with Laws or Regulations.
5.16 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal
will be identified as required by City.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 5.16.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 5.16.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
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2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and
acceptance of a separate item as such will not indicate approval of the assembly in which the
item functions.
City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents.
5.17 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to
perform the Work in accordance with the Contract Documents:
1. observations by City;
2. recommendation or payment by City or Developer of any progress or final payment;
3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
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7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years
from the date of Final Acceptance of the Work unless a longer period is specified and shall
furnish a good and sufficient maintenance bond, complying with the requirements of Article
4.02.B. The City will give notice of observed defects with reasonable promptness.
5.18 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
City, its officers, servants and employees, from and against any and all claims arising out of, or
alleged to arise out of, the work and services to be performed by the Contractor, its officers,
agents, employees, subcontractors, licenses or invitees under this Contract. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE
AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME
OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY
ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is
intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by
the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its
officers, servants and employees, from and against any and all loss, damage or destruction of
property of the City, arising out of, or alleged to arise out of, the work and services to be
performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees
under this Contract. THIS INDEMNUICATION PROVISION IS SPECIFICALLY
INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR
PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE
CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF
THE CITY.
5.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified
by such professional, if prepared by others, shall bear such professional's written approval when
submitted to City.
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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 conformance with performance
and design criteria given and the design concept expressed in the Contract Documents. City's
review and acceptance of Submittals (except design calculations and design drawings) will be
only for the purpose stated in Paragraph 5.16.C.
5.20 Right to Audit:
A. The City reserves the right to audit all projects utilizing City funds
B. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
Subcontractor facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
5.21 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
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ARTICLE 6 — OTHER WORK AT THE SITE
6.01 Related Work at Site
A. City may perform other work related to the Project at the Site with City's employees, or other
City contractors, or through other direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Contract Documents, then written notice
thereof will be given to Contractor prior to starting any such other work; and
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and City, if City is performing other work with City's employees or other City
contractors, proper and safe access to the Site, provide a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work, and
properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of
the Work that may be required to properly connect or otherwise make its several parts come
together and properly integrate with such other work. Contractor shall not endanger any work of
others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of City and the others whose
work will be affected.
C. If the proper execution or results of any part of Contractor's Work depends upon work
performed by others under this Article 7, Contractor shall inspect such other work and promptly
report to City in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects in the work provided by others.
ARTICLE 7 — CITY'S RESPONSIBILITIES
7.01 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
11.03.
7.02 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
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7.03 Compliance with Safety P►vgram
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 5.13.
ARTICLE 8 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
8.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents.
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents.
8.02 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City Developer, and also on Contractor, who shall perform the Work involved promptly.
8.03 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or
completed.
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8.04 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
ARTICLE 9 — CHANGES IN THE WORK
9.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or
from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall
promptly proceed with the Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise specifically provided). Extra Work
shall be memorialized by a Participating Change Order which may or may not precede an order
of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a
project with City participation, a Field Order may be issued by the City.
9.02 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
10.01 Change of Contract Price
A. The Contract Price may only be changed by a Participating Change Order for projects with City
participation.
10.02 Change of Contract Time
A. The Contract Time may only be changed by a Participating Change Order for projects with City
participation.
10.03 Delays
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
0073 10- 29
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 29 of 35
ARTICLE 11— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
11.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
11.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
Contractor's safety procedures and programs so that they may comply therewith as applicable.
11.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations approved by
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
0073 10- 30
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 30 of 35
3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the
Testing Lab by Contractor. City will forward all invoices for retests to
Developer/Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance
until the Testing Lab is Paid
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
11.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
11.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent
of any of them.
11.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
11.07 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
00 73 10- 31
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 31 of 35
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 11.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end
of the initial correction period. City shall provide 30 days written notice to Contractor and
Developer should such additional warranty coverage be required. Contractor's obligations under
this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this
Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any
applicable statute of limitation or repose.
11.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such
deficiency.
B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
RAINBOW RIDGE - PHASE 1-A
CITY OF FORT WORTH
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT 1
Revised: January 10, 2013 B00303090.000.001
00 73 10- 32
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 32 of 35
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 11.09.
ARTICLE 12 — COMPLETION
12.01 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment will pass to City no later than the time of Final Acceptance and shall be
free and clear of all Liens.
12.02 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization will not constitute Final Acceptance by City.
12.03 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
0073 10- 33
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 33 of 35
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
12.04 Final Acceptance
A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the
Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction
of the following:
All documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
2. consent of the surety, if any, to Final Acceptance;
3. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to
City) of all Lien rights arising out of or Liens filed in connection with the Work.
5. after all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or
other requirements of the Contract Documents which specifically continue thereafter.
ARTICLE 13 — SUSPENSION OF WORK
13.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will stop contract time on City
participation projects.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
0073 10- 34
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 34 of 35
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
ARTICLE 14 — MISCELLANEOUS
14.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
14.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
14.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
0073 10- 35
Standard City Conditions Of The Construction Contract For Developer Awarded Projects
Page 35 of 35
14.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
14.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH RAINBOW RIDGE - PHASE 1-A
STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 100931
Revised: January 10, 2013 B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 011100
SUMMARY OF WORK
01 1100 -1
DAP SUMMARY OF WORK
Page 1 of 3
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.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
A. Work Covered by Contract Documents
1. Work is to include furnishing all labor, materials, and equipment, and performing
all Work necessary for this construction project as detailed in the Drawings and
Specifications.
B. Subsidiary Work
1. Any and all Work specifically governed by documentary requirements for the
project, such as conditions imposed by the Drawings or Contract Documents in
which no specific item for bid has been provided for in the Proposal and the item is
not a typical unit bid item included on the standard bid item list, then the item shall
be considered as a subsidiary item of Work, the cost of which shall be included in
the price bid in the Proposal for various bid items.
C. Use of Premises
1. Coordinate uses of premises under direction of the City.
2. Assume full responsibility for protection and safekeeping of materials and
equipment stored on the Site.
3. Use and occupy only portions of the public streets and alleys, or other public places
or other rights -of -way as provided for in the ordinances of the City, as shown in the
Contract Documents, or as may be specifically authorized in writing by the City.
a. A reasonable amount of tools, materials, and equipment for construction
purposes may be stored in such space, but no more than is necessary to avoid
delay in the construction operations.
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 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 be designated to be left free and unobstructed
3 and so as not to inconvenience occupants of adjacent property.
4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such
5 manner as not to interfere with the operation of the railroad.
6 1) All Work shall be in accordance with railroad requirements set forth in
7 Division 0 as well as the railroad permit.
8 D. Work within Easements
9 1. Do not enter upon private property for any purpose without having previously
10 obtained permission from the owner of such property.
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,
18 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
20 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.
26 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 6. 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 times 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 Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No 100931
B003090.001
011100-3
DAP SUMMARY OF WORK
Page 3 of 3
1 1.5
SUBMITTALS [NOT USED]
2 1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7
CLOSEOUT SUBMITTALS [NOT USED]
4 1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9
QUALITY ASSURANCE [NOT USED]
6 1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11
FIELD [SITE] CONDITIONS [NOT USED]
8 1.12
WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11
12
13
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
SECTION 0125 00
SUBSTITUTION PROCEDURES
PART1- GENERAL
1.1 SUMMARY
A. Section Includes:
012500-1
DAP SUBSTITUTION PROCEDURES
Page 1 of 4
The procedure for requesting the approval of substitution of a product that is not
equivalent to a product which is specified by descriptive or performance criteria or
defined by reference to 1 or more of the following:
a. Name of manufacturer
b. Name of vendor
c. Trade name
d. Catalog number
2. Substitutions are not "or -equals".
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various items bid. No
separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Request for Substitution - General
1. Within 30 days after award of Contract (unless noted otherwise), the City will
consider formal requests from Contractor for substitution of products in place of
those specified.
2. Certain types of equipment and kinds of material are described in Specifications by
means of references to names of manufacturers and vendors, trade names, or catalog
numbers.
a. When this method of specifying is used, it is not intended to exclude from
consideration other products bearing other manufacturer's or vendor's names,
trade names, or catalog numbers, provided said products are "or -equals," as
determined by City.
3. Other types of equipment and kinds of material may be acceptable substitutions
under the following conditions:
a. Or -equals are unavailable due to strike, discontinued production of products
meeting specified requirements, or other factors beyond control of Contractor;
or,
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised August 30, 2013 Rainbow Ridge - Phase 1-A
City Project No. 100930
B003090.001
012500-2
DAP SUBSTITUTION PROCEDURES
Page 2 of 4
b. Contractor proposes a cost and/or time reduction incentive to the City.
1.5 SUBMITTALS
A. See Request for Substitution Form (attached)
B. Procedure for Requesting Substitution
1. Substitution shall be considered only:
a. After award of Contract
b. Under the conditions stated herein
2. Submit 3 copies of each written request for substitution, including:
a. Documentation
1) Complete data substantiating compliance of proposed substitution with
Contract Documents
2) Data relating to changes in construction schedule, when a reduction is
proposed
3) Data relating to changes in cost
b. For products
1) Product identification
a) Manufacturer's name
b) Telephone number and representative contact name
c) Specification Section or Drawing reference of originally specified
product, including discrete name or tag number assigned to original
product in the Contract Documents
2) Manufacturer's literature clearly marked to show compliance of proposed
product with Contract Documents
3) Itemized comparison of original and proposed product addressing product
characteristics including, but not necessarily limited to:
a) Size
b) Composition or materials of construction
c) Weight
d) Electrical or mechanical requirements
4) Product experience
a) Location of past projects utilizing product
b) Name and telephone number of persons associated with referenced
projects knowledgeable concerning proposed product
c) Available field data and reports associated with proposed product
5) Samples
a) Provide at request of City.
b) Samples become the property of the City.
c. For construction methods:
1) Detailed description of proposed method
2) Illustration drawings
C. Approval or Rejection
1. Written approval or rejection of substitution given by the City
2. City reserves the right to require proposed product to comply with color and pattern
of specified product if necessary to secure design intent.
3. In the event the substitution is approved, if a reduction in cost or time results, it will
be documented by Change Order.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised August 30, 2013 Rainbow Ridge - Phase 1-A
City Project No. 100930
13003090.001
012500-3
DAP SUBSTITUTION PROCEDURES
Page 3 of 4
4. Substitution will be rejected if:
a. Submittal is not through the Contractor with his stamp of approval
b. Request is not made in accordance with this Specification Section
c. In the Developer's opinion, acceptance will require substantial revision of the
original design
d. In the City's or Developer's opinion, substitution will not perform adequately
the function consistent with the design intent
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.7 CLOSEOUT SUBMITTALS [NOT USED]
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.9 QUALITY ASSURANCE
A. In making request for substitution or in using an approved product, the Contractor
represents that the Contractor:
1. Has investigated proposed product, and has determined that it is adequate or
superior in all respects to that specified, and that it will perform function for which it
is intended
2. Will provide same guarantee for substitute item as for product specified
3. Will coordinate installation of accepted substitution into Work, to include building
modifications if necessary, making such changes as may be required for Work to be
complete in all respects
4. Waives all claims for additional costs related to substitution which subsequently
arise
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.11 FIELD [SITE] CONDITIONS [NOT USED]
1.12 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
PART 3 - EXECUTION [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised August 30, 2013 Rainbow Ridge - Phase 1-A
City Project No. 100930
B003090.001
012500-4
DAP SUBSTITUTION PROCEDURES
Page 4 of 4
EXHIBIT A
REQUEST FOR SUBSTITUTION FORM:
TO:
PROJI:CT: DATE:
We hereby submit for your consideration the following product instead of the specified item for
the above project:
SECTION PARAGRAPH SPECIFIED ITEM
Proposed Substitution:
Reason for Substitution:
Include complete information on changes to Drawisigs and/or Specifications which proposed
substitution will require for its proper installation.
Fill in Blanks Below:
A. Will the undersigned contractor pay for changes to the building design, including engineering
and detailing costs caused by the requested substitution?
B. What effect does substitution have on other trades?
C. Differences between proposed substitution and specified item?
D. Differences in product cost or product delivery time?
E. Manufacturer's guarantees of the proposed and specified items are:
Equal Better (explain on attachment)
The undersigned states that the function, appearance and quality are equivalent or superior to the
specified item.
Submitted By: For Use by City
Signature
as noted
Firm _
Address
Date
Telephone
For Use by City:
Approved
City
Recommended Recommended
_ Not recommended _Received late
By
Date
Remarks
Date
Rejected
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS
Revised August 30, 2013 Rainbow Ridge - Phase 1-A
City Project No. 100930
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 013119
PRECONSTRUCTION MEETING
01 31 19 - 1
DAP PRECONSTRUCTION MEETING
Page 1 of 3
5 A. Section Includes:
6 1. Provisions for 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:
11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 — General Requirements
13 1.2 PRICE AND PAYMENT PROCEDURES
14 A. Measurement and Payment
15 1. Work associated with this Item is considered subsidiary to the various items bid.
16 No separate payment will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19
A. Coordination
20
1.
Attend preconstruction meeting.
21
2.
Representatives 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.
29
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 supplier representatives whom the Contractor may desire
38
to invite or the City may request
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
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Page 2 of 3
e. Other City representatives
f. Others as appropriate
4. Preliminary Agenda may include:
a. Introduction of Project Personnel
b. General Description of Project
c. Status of right-of-way, utility clearances, easements or other pertinent permits
d. Contractor's work plan and schedule
e. Contract Time
f. Notice to Proceed
g. Construction Staking
h. Progress Payments
i. Extra Work and Change Order Procedures
j. Field Orders
k. Disposal Site Letter for Waste Material
1. Insurance Renewals
m. Payroll Certification
n. Material Certifications and Quality Control Testing
o. Public Safety and Convenience
p. Documentation of Pre -Construction Conditions
q. Weekend Work Notification
r. Legal Holidays
s. Trench Safety Plans
t. Confined Space Entry Standards
u. Coordination with the City's representative for operations of existing water
systems
v. Storm Water Pollution Prevention Plan
w. Coordination with other Contractors
x. Early Warning System
y. Contractor Evaluation
z. Special Conditions applicable to the project
aa. Damages Claims
bb. Submittal Procedures
cc. Substitution Procedures
dd. Correspondence Routing
ee. Record Drawings
ff. Temporary construction facilities
gg. MBE/SBE procedures
hh. Final Acceptance
ii. Final Payment
J. Questions or Comments
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
013119-3
DAP PRECONSTRUCTION MEETING
Page 3 of 3
1 1.5
SUBMITTALS [NOT USED]
2 1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3 1.7
CLOSEOUT SUBMITTALS [NOT USED]
4 1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5 1.9
QUALITY ASSURANCE [NOT USED]
6 1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
7 1.11
FIELD [SITE] CONDITIONS [NOT USED]
8 1.12
WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11
12
13
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0133 00
DAP SUBMITTALS
013300-1
DAP SUBMITTALS
Page 1 of 8
5 A. Section Includes:
6 1. General methods and requirements of submissions applicable to the following
7 Work -related submittals:
8 a. Shop Drawings
9 b. Product Data (including Standard Product List submittals)
10 c. Samples
11 d. Mock Ups
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1— General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. 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.
30 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 c) Testing
35 d) Purchasing
36 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 the Work.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Projeui No. 100931
B003090.001
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d. Make submittals promptly in accordance with approved schedule, and in such
sequence as to cause no delay in the Work or in the work of any other
contractor.
B. Submittal Numbering
1. When submitting shop drawings or samples, utilize a 9-character submittal cross-
reference identification numbering system in the following manner:
a. Use the first 6 digits of the applicable Specification Section Number.
b. For the next 2 digits number use numbers 01-99 to sequentially number each
initial separate item or drawing submitted under each specific Section number.
c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e.
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical
submittal number would be as follows:
03 30 00-08-B
1) 03 30 00 is the Specification Section for Concrete
2) 08 is the eighth initial submittal under this Specification Section
3) B is the third submission (second resubmission) of that particular shop
drawing
C. Contractor Certification
1. Review shop drawings, product data and samples, including those by
subcontractors, prior to submission to determine and verify the following:
a. Field measurements
b. Field construction criteria
c. Catalog numbers and similar data
d. Conformance with the Contract Documents
2. Provide each shop drawing, sample and product data submitted by the Contractor
with a Certification Statement affixed including:
a. The Contractor's Company name
b. Signature of submittal reviewer
c. Certification Statement
1) `By this submittal, I hereby represent that I have determined and verified
field measurements, field construction criteria, materials, dimensions,
catalog numbers and similar data and I have checked and coordinated each
item with other applicable approved shop drawings."
D. Submittal Format
1. Fold shop drawings larger than 8 'h inches x 11 inches to 8 '/z inches x 11 inches.
2. Bind shop drawings and product data sheets together.
3. Order
a. Cover Sheet
1) Description of Packet
2) Contractor Certification
b. List of items / Table of Contents
c. Product Data /Shop Drawings/Samples /Calculations
E. Submittal Content
1. The date of submission and the dates of any previous submissions
CITY OF FORT WORTH Rainbow Ridge — Phase 1 A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
013300-3
DAP SUBMITTALS
Page 3 of 8
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 erection/installation (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
i. 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
CITY OF FORT WORTH Rainbow Ridge —Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
013300-4
DAP SUBMITTALS
Page 4 of 8
1 7) Standard wiring diagrams
2 8) Printed performance curves and operational -range diagrams
3 9) Production or quality control inspection and test reports and certifications
4 10) Mill 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:
11 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
18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to
19 be fabricated or installed prior to the approval or qualified approval of such item.
20 1. Fabrication performed, materials purchased or on -site construction accomplished
21 which 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 conformity.
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 1 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 WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
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013300-5
DAP SUBMITTALS
Page 5 of 8
a. Shop Drawings
1) Distributed to the City
2) Copies
a) 8 copies for mechanical submittals
b) 7 copies for all other submittals
c) If Contractor requires more than 3 copies of Shop Drawings returned,
Contractor shall submit more than the number of copies listed above.
b. Product Data
1) Distributed to the City
2) Copies
a) 4 copies
c. Samples
1) Distributed to the Project Representative
2) Copies
a) Submit the number stated in the respective Specification Sections.
3. Distribute reproductions of approved shop drawings and copies of approved
product data and samples, where required, to the job site file and elsewhere as
directed by the City.
a. Provide number of copies as directed by the City but not exceeding the number
previously specified.
K. Submittal Review
1. The review of shop drawings, data and samples will be for general conformance
with the design concept and Contract Documents. This is not to be construed as:
a. Permitting any departure from the Contract requirements
b. Relieving the Contractor of responsibility for any errors, including details,
dimensions, and materials
c. Approving departures from details furnished by the City, except as otherwise
provided herein
2. The review and approval of shop drawings, samples or product data by the City
does not relieve the Contractor from his/her responsibility with regard to the
fulfillment of the terms of the Contract.
a. All risks of error and omission are assumed by the Contractor, and the City will
have no responsibility therefore.
3. The Contractor remains responsible for details and accuracy, for coordinating the
Work with all other associated work and trades, for selecting fabrication processes,
for techniques of assembly and for performing Work in a safe manner.
4. If the shop drawings, data or samples as submitted describe variations and show a
departure from the Contract requirements which City finds to be in the interest of
the City and to be so minor as not to involve a change in Contract Price or time for
performance, the City may return the reviewed drawings without noting an
exception.
5. Submittals will be returned to the Contractor under 1 of the following codes:
a. Code 1
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or
comments on the submittal.
a) When returned under this code the Contractor may release the
equipment and/or material for manufacture.
b. Code 2
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
013300-6
DAP SUBMITTALS
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 material for manufacture;
11
however, all notations and comments must be incorporated into the
12
final product.
13
b) This resubmittal 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
1) "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 manufacturer/vendor
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 will 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 reimbursement to the City within 30 Calendar Days for
35 all such fees invoiced by the City.
36 c. The need for more than 1 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 8. 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 Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
013300-7
DAP SUBMITTALS
Page 7 of 8
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
11 1. If specifically required in other Sections of these Specifications, submit a P.E.
12 Certification for each item required.
13 N. Request for Information (RFI)
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 SUBMITTALSANFORMATIONAL 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 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1 PART 2 - PRODUCTS [NOT USED]
2 PART 3 - EXECUTION [NOT USED]
3
4
5
DATE NAME
12/20/2012 D. Johnson
013300-8
DAP SUBMITTALS
Page 8 of 8
END OF SECTION
Revision Log
SUMMARY OF CHANGE
1.4.K.8. Working Days modified to Calendar Days
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
0135 13- 1
DAP SPECIAL PROJECT PROCEDURES
Page 1 of 7
SECTION 013513
SPECIAL PROJECT PROCEDURES
5 A. Section Includes:
6 1. The procedures for special project circumstances that includes, but is not limited to:
7 a. Coordination with the Texas Department of Transportation
8 b. Work near High Voltage Lines
9 c. Confined Space Entry Program
10 d. Air Pollution Watch Days
11 e. Use of Explosives, Drop Weight, Etc.
12 f. Water Department Notification
13 g. Public Notification Prior to Beginning Construction
14 h. Coordination with United States Army Corps of Engineers
15 i. Coordination within Railroad permits areas
16 j. Dust Control
17 k. Employee Parking
18 1. (Coordination with North Central Texas Council of Governments Clean
19 Construction Specification [remove if not required])
20 B. Deviations from this City of Fort Worth Standard Specification
21 1. None.
22 C. Related Specification Sections include, but are not necessarily limited to:
23 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
24 2. Division 1— General Requirements
25 3. Section 33 12 25 — Connection to Existing Water Mains
26
27 1.2 REFERENCES
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, unless a date is specifically cited.
32 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752.
33 High Voltage Overhead Lines.
34 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction
35 Specification
36 1.3 ADMINISTRATIVE REQUIREMENTS
37 A. Coordination with the Texas Department of Transportation
38 1. When work in the right-of-way which is under the jurisdiction of the Texas
39 Department of Transportation (TxDOT):
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
0135 13 -2
DAP SPECIAL PROJECT PROCEDURES
Page 2 of 7
1 a. Notify the Texas Department of Transportation prior to commencing any work
2 therein in accordance with the provisions of the permit
3 b. All work performed in the TxDOT right-of-way shall be performed in
4 compliance with and subject to approval from the Texas Department of
5 Transportation
6 B. Work near High Voltage Lines
7 1. Regulatory Requirements
8 a. All Work near High Voltage Lines (more than 600 volts measured between
9 conductors or between a conductor and the ground) shall be in accordance with
10 Health and Safety Code, Title 9, Subtitle A, Chapter 752.
11 2. Warning sign
12 a. Provide sign of sufficient size meeting all OSHA requirements.
13 3. Equipment operating within 10 feet of high voltage lines will require the following
14 safety features
15 a. Insulating cage -type of guard about the boom or arm
16 b. Insulator links on the lift hook connections for back hoes or dippers
17 c. Equipment must meet the safety requirements as set forth by OSHA and the
18 safety requirements of the owner of the high voltage lines
19 4. Work within 6 feet of high voltage electric lines
20 a. Notification shall be given to:
21 1) The power company (example: ONCOR)
22 a) Maintain an accurate log of all such calls to power company and record
23 action taken in each case.
24 b. Coordination with power company
25 1) After notification coordinate with the power company to:
26 a) Erect temporary mechanical barriers, de -energize the lines, or raise or
27 lower the lines
28 c. No personnel may work within 6 feet of a high voltage line before the above
29 requirements have been met.
30 C. Confined Space Entry Program
31 1. Provide and follow approved Confined Space Entry Program in accordance with
32 OSHA requirements.
33 2. Confined Spaces include:
34 a. Manholes
35 b. All other confined spaces in accordance with OSHA's Permit Required for
36 Confined Spaces
37 D. Use of Explosives, Drop Weight, Etc.
38 1. When Contract Documents permit on the project the following will apply:
39 a. Public Notification
40 1) Submit notice to City and proof of adequate insurance coverage, 24 hours
41 prior to commencing.
42 2) Minimum 24 hour public notification in accordance with Section 0131 13
43 E. Water Department Coordination
CITY OF FORT WORTH Rainbow Ridge —Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
0135 13 -3
DAP SPECIAL PROJECT PROCEDURES
Page 3 of 7
1 1. During the construction of this project, it will be necessary to deactivate, for a
2 period of time, existing lines. The Contractor shall be required to coordinate with
3 the Water Department to determine the best times for deactivating and activating
4 those lines.
5 2. Coordinate any event that will require connecting to or the operation of an existing
6 City water line system with the City's representative.
7 a. Coordination shall be in accordance with Section 33 12 25.
8 b. If needed, obtain a hydrant water meter from the Water Department for use
9 during the life of named project.
10 c. In the event that a water valve on an existing live system be turned off and on
11 to accommodate the construction of the project is required, coordinate this
12 activity through the appropriate City representative.
13 1) Do not operate water line valves of existing water system.
14 a) Failure to comply will render the Contractor in violation of Texas Penal
15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor
16 will be prosecuted to the full extent of the law.
17 b) In addition, the Contractor will assume all liabilities and
18 responsibilities as a result of these actions.
19 F. Public Notification Prior to Beginning Construction
20 1. Prior to beginning construction on any block in the project, on a block by block
21 basis, prepare and deliver a notice or flyer of the pending construction to the front
22 door of each residence or business that will be impacted by construction. The notice
23 shall be prepared as follows:
24 a. Post notice or flyer 7 days prior to beginning any construction activity on each
25 block in the project area.
26 1) Prepare flyer on the Contractor's letterhead and include the following
27 information:
28 a) Name of Project
29 b) City Project No (CPN)
30 c) Scope of Project (i.e. type of construction activity)
31 d) Actual construction duration within the block
32 e) Name of the contractor's foreman and phone number
33 f) Name of the City's inspector and phone number
34 g) City's after-hours phone number
35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit
36 A.
37 3) Submit schedule showing the construction start and finish time for each
38 block of the project to the inspector.
39 4) Deliver flyer to the City Inspector for review prior to distribution.
40 b. No construction will be allowed to begin on any block until the flyer is
41 delivered to all residents of the block.
42 G. Public Notification of Temporary Water Service Interruption during Construction
43 1. In the event it becomes necessary to temporarily shut down water service to
44 residents or businesses during construction, prepare and deliver a notice or flyer of
45 the pending interruption to the front door of each affected resident.
46 2. Prepared notice as follows:
47 a. The notification or flyer shall be posted 24 hours prior to the temporary
48 interruption.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 35 13 - 4
DAP SPECIAL PROJECT PROCEDURES
Page 4 of 7
1 b. Prepare flyer on the contractor's letterhead and include the following
2 information:
3 1) Name of the project
4 2) City Project Number
5 3) Date of the interruption of service
6 4) Period the interruption will take place
7 5) Name of the contractor's foreman and phone number
8 6) Name of the City's inspector and phone number
9 c. A sample of the temporary water service interruption notification is attached as
10 Exhibit B.
11 d. Deliver a copy of the temporary interruption notification to the City inspector
12 for review prior to being distributed.
13 e. No interruption of water service can occur until the flyer has been delivered to
14 all affected residents and businesses.
15 f. Electronic versions of the sample flyers can be obtained from the Project
16 Construction Inspector.
17 H. Coordination with United States Army Corps of Engineers (USACE)
18 1. At locations in the Project where construction activities occur in areas where
19 USACE permits are required, meet all requirements set forth in each designated
20 permit.
21 I. Coordination within Railroad Permit Areas
22 1. At locations in the project where construction activities occur in areas where
23 railroad permits are required, meet all requirements set forth in each designated
24 railroad permit. This includes, but is not limited to, provisions for:
25 a. Flagmen
26 b. Inspectors
27 c. Safety training
28 d. Additional insurance
29 e. Insurance certificates
30 f. Other employees required to protect the right-of-way and property of the
31 Railroad Company from damage arising out of and/or from the construction of
32 the project. Proper utility clearance procedures shall be used in accordance
33 with the permit guidelines.
34 2. Obtain any supplemental information needed to comply with the railroad's
35 requirements.
36 J. Dust Control
37 1. Use acceptable measures to control dust at the Site.
38 a. If water is used to control dust, capture and properly dispose of waste water.
39 b. If wet saw cutting is performed, capture and properly dispose of slurry.
40 K. Employee Parking
41 1. Provide parking for employees at locations approved by the City.
42 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean
43 Construction Specification [if required for the project]
44 1. Comply with equipment, operational, reporting and enforcement requirements set
45 forth in NCTCOG's Clean Construction Specification. }
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3
4
5
6
7
8
9
013513-5
DAP SPECIAL PROJECT PROCEDURES
Page 5 of 7
1.4 SUBMITTALS [NOT USED]
1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
1.6 CLOSEOUT SUBMITTALS [NOT USED]
1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
1.8 QUALITY ASSURANCE [NOT USED]
1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED]
1.10 FIELD [SITE] CONDITIONS [NOT USED]
1.11 WARRANTY [NOT USED]
PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11
12
DATE NAME
8/31/2012 D. Johnson
END OF SECTION
Revision Log
SUMMARY OF CHANGE
1.3.B - Added requirement of compliance with Health and Safety Code, Title 9.
Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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19
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23
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28
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013513-6
DAP SPECIAL PROJECT PROCEDURES
Page 6 of 7
EXHIBIT A
(To be printed on Contractor's Letterhead)
Date:
CPN No.:
Project Name:
Mapsco Location:
Limits of Construction:
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT
WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR
PROPERTY.
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE
OF THIS NOTICE.
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER
ISSUE, PLEASE CALL:
Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.>
m
Mr. <CITY INSPECTOR> AT < TELEPHONE NO.>
AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
2
3
4
013513-7
DAP SPECIAL PROJECT PROCEDURES
Page 7 of 7
EXHIBIT B
FORT WORTH
Dom:
DOS NO. Xl=
name
NOTICE OF TEMPORARY WATER SERVICE
INTERRUPTION
DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR
WATER SERVICE WILL BE INTERRUPTED ON
BETWEEN THE HOURS OF AND
IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL:
MR. AT
(CONTRACTORS SUPERINTENDENT)
OR
MR.
(CITY INSPECTOR)
AT
(TELEPHONE NUMBER)
(TELEPHONE NUMBER)
THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE.
THANK YOU,
CONTRACTOR
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 45 23 - 1
DAP TESTING AND INSPECTION SERVICES
Page 1 of 2
1 SECTION 0145 23
2 TESTING AND INSPECTION SERVICES
3 PART1- 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 Requirements
12 1.2 PRICE AND PAYMENT PROCEDURES
13 A. Measurement and Payment
14 1. Work associated with this Item is considered subsidiary to the various Items bid.
15 No separate payment will be allowed for this Item.
16 a. Contractor is responsible for performing, coordinating, and payment of all
17 Quality Control testing.
18 b. City is responsible for 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. Complete 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 form of distribution approved
38 by the City.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
014523-2
DAP TESTING AND INSPECTION SERVICES
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) 1 copy for all submittals submitted to the Project Representative
5 b. Hard Copy Distribution (if required in lieu of electronic distribution)
6 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
11 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 Documents.
18 1.5 SUBMITTALS [NOT USED]
19 1.6 ACTION SUBMITTALS/INFORMATIONAL 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 [NOT USED]
28
29
30
END OF SECTION
i Revision Log
DATE T NAME I SUMMARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 50 00 - 1
DAP TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
1 SECTION 0150 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provide temporary facilities and controls needed for the Work including, but not
7 necessarily limited to:
8 a. Temporary utilities
9 b. Sanitary facilities
10 c. Storage Sheds and Buildings
11 d. Dust control
12 e. Temporary fencing of the construction site
13 B. Deviations from this City of Fort Worth Standard Specification
14 1. None.
15 C. Related Specification Sections include, but are not necessarily limited to:
16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
17 2. Division 1 — General Requirements
18 1.2 PRICE AND PAYMENT PROCEDURES
19 A. Measurement and Payment
20 1. Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Temporary Utilities
25 1. Obtaining Temporary Service
26 a. Make arrangements with utility service companies for temporary services.
27 b. Abide by rules and regulations of utility service companies or authorities
28 having jurisdiction.
29 c. Be responsible for utility service costs until Work is approved for Final
30 Acceptance.
31 1) Included are fuel, power, light, heat and other utility services necessary for
32 execution, completion, testing and initial operation of Work.
33 2. Water
34 a. Contractor to provide water required for and in connection with Work to be
35 performed and for specified tests of piping, equipment, devices or other use as
36 required for the completion of the Work.
37 b. Provide and maintain adequate supply of potable water for domestic
38 consumption by Contractor personnel and City's Project Representatives.
39 c. Coordination
CITY OF FORT WORTH Rainbow Ridge —Phase 1-4
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
015000-2
DAP TEMPORARY FACILITIES AND CONTROLS
Page 2 of 4
1 1) Contact City 1 week before water for construction is desired
2 d. Contractor Payment for Construction Water
3 1) Obtain construction water meter from City for payment as billed by City's
4 established rates.
5 3. Electricity and Lighting
6 a. Provide and pay for electric powered service as required for Work, including
7 testing of Work.
8 1) Provide power for lighting, operation of equipment, or other use.
9 b. Electric power service includes temporary power service or generator to
10 maintain operations during scheduled shutdown.
11 4. Telephone
12 a. Provide emergency telephone service at Site for use by Contractor personnel
13 and others performing work or furnishing services at Site.
14 5. Temporary Heat and Ventilation
15 a. Provide temporary heat as necessary for protection or completion of Work.
16 b. Provide temporary heat and ventilation to assure safe working conditions.
17
B. Sanitary Facilities
18
1.
Provide and maintain sanitary facilities for persons on Site.
19
a. Comply with regulations of State and local departments of health.
20
2.
Enforce use of sanitary facilities by construction personnel at job site.
21
a. Enclose and anchor sanitary facilities.
22
b. No discharge will be allowed from these facilities.
23
c. Collect and store sewage and waste so as not to cause nuisance or health
24
problem.
25
d. Haul sewage and waste off -site at no less than weekly intervals and properly
26
dispose in accordance with applicable regulation.
27
3.
Locate facilities near Work Site and keep clean and maintained throughout Project.
28
4.
Remove facilities at completion of Project
29
C. Storage Sheds and Buildings
30
1.
Provide adequately ventilated, watertight, weatherproof storage facilities with floor
31
above ground level for materials and equipment susceptible to weather damage.
32
2.
Storage of materials not susceptible to weather damage may be on blocks off
33
ground.
34
3.
Store materials in a neat and orderly manner.
35
a. Place materials and equipment to permit easy access for identification,
36
inspection and inventory.
37
4.
Equip building with lockable doors and lighting, and provide electrical service for
38
equipment space heaters and heating or ventilation as necessary to provide storage
39
environments acceptable to specified manufacturers.
40
5.
Fill and grade site for temporary structures to provide drainage away from
41
temporary and existing buildings.
42
6.
Remove building from site prior to Final Acceptance.
43
D. Temporary Fencing
44
1.
Provide and maintain for the duration or construction when required in contract
45
documents
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 50 00 - 3
DAP TEMPORARY FACILITIES AND CONTROLS
Page 3 of 4
1 E. Dust Control
2 1. Contractor is responsible for maintaining dust control through the duration of the
3 project.
4 a. Contractor remains on -call at all times
5 b. Must respond in a timely manner
6 F. Temporary Protection of Construction
7 1. Contractor or subcontractors are responsible for protecting Work from damage due
8 to weather.
9 1.5 SUBMITTALS [NOT USED]
10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
11 1.7 CLOSEOUT SUBMITTALS [NOT USED]
12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
13 1.9 QUALITY ASSURANCE [NOT USED]
14 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
15 1.11 FIELD [SITE] CONDITIONS [NOT USED]
16 1.12 WARRANTY [NOT USED]
17 PART 2 - PRODUCTS [NOT USED]
18 PART 3 - EXECUTION [NOT USED]
19 3.1 INSTALLERS [NOT USED]
20 3.2 EXAMINATION [NOT USED]
21 3.3 PREPARATION [NOT USED]
22 3.4 INSTALLATION
23 A. Temporary Facilities
24 1. Maintain all temporary facilities for duration of construction activities as needed.
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 50 00 - 4
DAP TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
1
3.5
[REPAIR] / [RESTORATION]
2
3.6
RE -INSTALLATION
3
3.7
FIELD loR] SITE QUALITY CONTROL [NOT USED]
4
3.8
SYSTEM STARTUP [NOT USED]
5
3.9
ADJUSTING [NOT USED]
6
3.10
CLEANING [NOT USED]
7
3.11
CLOSEOUT ACTIVITIES
8
A. Temporary Facilities
9
1. Remove all temporary facilities and restore area after completion of the Work, to a
10
condition equal to or better than prior to start of Work.
11
3.12
PROTECTION [NOT USED]
12
3.13
MAINTENANCE [NOT USED]
13
3.14
ATTACHMENTS [NOT USED]
14
15
16
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge —Phase 1 A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 55 26 - 1
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 1 of 3
1 SECTION 0155 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Administrative procedures for:
7 a. Street Use Permit
8 b. Modification of approved traffic control
9 c. Removal of Street Signs
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1— General Requirements
15 3. Section 34 71 13 — Traffic Control
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
21 A. Reference Standards
22 1. Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Traffic Control
28 1. General
29 a. When traffic control plans are included in the Drawings, provide Traffic
30 Control in accordance with Drawings and Section 34 71 13.
31 b. When traffic control plans are not included in the Drawings, prepare traffic
32 control plans in accordance with Section 34 71 13 and submit to City for
33 review.
34 1) Allow minimum 10 working days for review of proposed Traffic Control.
35 B. Street Use Permit
36 1. Prior to installation of Traffic Control, a City Street Use Permit is required.
37 a. To obtain Street Use Permit, submit Traffic Control Plans to City
38 Transportation and Public Works Department.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 55 26 - 2
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
1 1) Allow a minimum of 5 working days for permit review.
2 2) Contractor's responsibility to coordinate review of Traffic Control plans for
3 Street Use Permit, such that construction is not delayed.
4 C. Modification to Approved Traffic Control
5 1. Prior to installation traffic control:
6 a. Submit revised traffic control plans to City Department Transportation and
7 Public Works Department.
8 1) Revise Traffic Control plans in accordance with Section 34 71 13.
9 2) Allow minimum 5 working days for review of revised Traffic Control.
10 3) It is the Contractor's responsibility to coordinate review of Traffic Control
11 plans for Street Use Permit, such that construction is not delayed.
12 D. Removal of Street Sign
13 1. If it is determined that a street sign must be removed for construction, then contact
14 City Transportation and Public Works Department, Signs and Markings Division to
15 remove the sign.
16 E. Temporary Signage
17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control
19 Devices (MUTCD).
20 2. Install temporary sign before the removal of permanent sign.
21 3. When construction is complete, to the extent that the permanent sign can be
22 reinstalled, contact the City Transportation and Public Works Department, Signs
23 and Markings Division, to reinstall the permanent sign.
24 F. Traffic Control Standards
25 1. Traffic Control Standards can be found on the City's Buzzsaw website.
26 1.5 SUBMITTALS [NOT USED]
27 1.6 ACTION SUBMITTALSANFORMATIONAL 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 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
34 PART 2 - PRODUCTS [NOT USED]
35 PART 3 - EXECUTION [NOT USED]
36 END OF SECTION
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 55 26 - 3
DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge —Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Proiect No. 100931
B003090.001
015713-1
DAP STORM WATER POLLUTION PREVENTION
Page 1 of 3
1 SECTION 0157 13
2 STORM WATER POLLUTION PREVENTION
3 PART1- 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
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
11 Contract
12 2. Division 1 — General Requirements
13 3. Section 3125 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 1 acre of disturbance
20 a. Measurement and Payment shall be in accordance with Section 3125 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, unless a date is specifically cited.
32 2. Integrated Storm Management (iSWM) Technical Manual for Construction
33 Controls
34 1.4 ADMINISTRATIVE REQUIREMENTS
35 A. General
36 1. Contractor is responsible for resolution and payment of any fines issued associated
37 with compliance to Stormwater Pollution Prevention Plan.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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23
24
25
26
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28
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30
31
32
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34
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39
015713-2
DAP STORM WATER POLLUTION PREVENTION
Page 2 of 3
B. Construction Activities resulting in:
1. Less than 1 acre of disturbance
a. Provide erosion and sediment control in accordance with Section 3125 00 and
Drawings.
2. 1 to less than 5 acres of disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) TCEQ Small Construction Site Notice Required under general permit
TXR150000
a) Sign and post at job site
b) Prior to Preconstruction Meeting, send 1 copy to City Department of
Transportation and Public Works, Environmental Division, (817) 392-
6088.
2) Provide erosion and sediment control in accordance with:
a) Section 3125 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
3. 5 acres or more of Disturbance
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction
Permit is required
b. Complete SWPPP in accordance with TCEQ requirements
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee
a) Sign and post at job site
b) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
2) TCEQ Notice of Change required if making changes or updates to NOI
3) Provide erosion and sediment control in accordance with:
a) Section 3125 00
b) The Drawings
c) TXR150000 General Permit
d) SWPPP
e) TCEQ requirements
4) Once the project has been completed and all the closeout requirements of
TCEQ have been met a TCEQ Notice of Termination can be submitted.
a) Send copy to City Department of Transportation and Public Works,
Environmental Division, (817) 392-6088.
40 1.5 SUBMITTALS
4]
42
43
44
45
46
47
A. SWPPP
1. Submit in accordance with Section 0133 00, except as stated herein.
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City
as follows:
1) 1 copy to the City Project Manager
a) City Project Manager will forward to the City Department of
Transportation and Public Works, Environmental Division for review
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
015713-3
DAP STORM WATER POLLUTION PREVENTION
Page 3 of 3
1 B. Modified SWPPP
2 1. 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
5 1.7 CLOSEOUT SUBMITTALS [NOT USED]
6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
7 1.9 QUALITY ASSURANCE [NOT USED]
8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
9 1.11 FIELD [SITE] CONDITIONS [NOT USED]
10 1.12 WARRANTY [NOT USED]
11 PART 2 - PRODUCTS [NOT USED]
12 PART 3 - EXECUTION [NOT USED]
13
14
15
END OF SECTION
Revision Log
DATE NAME SUND ARY OF CHANGE
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0160 00
PRODUCT REQUIREMENTS
01 60 00 - 1
DAP PRODUCT REQUIREMENTS
Page 1 of 2
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 1— 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. Resources\02 - Construction Documents\Standard Products List
17 B. Only products specifically included on City's Standard Product List in these Contract
18 Documents shall be allowed for use on the Project.
19 1. Any subsequently approved products will only be allowed for use upon specific
20 approval by the City.
21 C. Any specific product requirements in the Contract Documents supersede similar
22 products included on the City's Standard Product List.
23 1. The City reserves the right to not allow products to be used for certain projects even
24 though the product is listed on the City's Standard Product List.
25 D. Although a specific product is included on City's Standard Product List, not all
26 products from that manufacturer are approved for use, including but not limited to, that
27 manufacturer's standard product.
28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's
29 Standard Product List.
30 1.5 SUBMITTALS [NOT USED]
31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
32 1.7 CLOSEOUT SUBMITTALS [NOT USED]
33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
34 1.9 QUALITY ASSURANCE [NOT USED]
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
016000-2
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 1.12 WARRANTY [NOT USED]
4 PART 2 - PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6
7
8
DATE I NAME
END OF SECTION
Revision Log
SUMMARY OF CHANGE
` 10/12/12 D. Johnson I Modified Location of City's Standard Product List
4/7/2014 M.Domenech Revised for DAP application
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 66 00 - 1
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 4
1 SECTION 0166 00
2 PRODUCT STORAGE AND HANDLING REQUIREMENTS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Scheduling of product delivery
7 2. Packaging of products for delivery
8 3. Protection of products against damage from:
9 a. Handling
10 b. Exposure to elements or harsh environments
11 B. Deviations from this City of Fort Worth Standard Specification
12 1. None.
13 C. Related Specification Sections include, but are not necessarily limited to:
14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
15 2. Division 1— General Requirements
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES [NOT USED]
21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
22 1.5 SUBMITTALS [NOT USED]
23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
24 1.7 CLOSEOUT SUBMITTALS [NOT USED]
25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
26 1.9 QUALITY ASSURANCE [NOT USED]
27 1.10 DELIVERY AND HANDLING
28 A. Delivery Requirements
29 1. Schedule delivery of products or equipment as required to allow timely installation
30 and to avoid prolonged storage.
31 2. Provide appropriate personnel and equipment to receive deliveries.
32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site
33 for personnel or equipment to receive the delivery.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
016600-2
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 4
1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other
2 containers designed and constructed to protect the contents from physical or
3 environmental damage.
4 5. Clearly and fully mark and identify as to manufacturer, item and installation
5 location.
6 6. Provide manufacturer's instructions for storage and handling.
7
B. Handling Requirements
8
1.
Handle products or equipment in accordance with these Contract Documents and
9
manufacturer's recommendations and instructions.
10
C. Storage Requirements
11
1.
Store materials in accordance with manufacturer's recommendations and
12
requirements of these Specifications.
13
2.
Make necessary provisions for safe storage of materials and equipment.
14
a. Place loose soil materials and materials to be incorporated into Work to prevent
15
damage to any part of Work or existing facilities and to maintain free access at
16
all times to all parts of Work and to utility service company installations in
17
vicinity of Work.
18
3.
Keep materials and equipment neatly and compactly stored in locations that will
19
cause minimum inconvenience to other contractors, public travel, adjoining owners,
20
tenants and occupants.
21
a. Arrange storage to provide easy access for inspection.
22
4.
Restrict storage to areas available on construction site for storage of material and
23
equipment as shown on Drawings, or approved by City's Project Representative.
24
5.
Provide off -site storage and protection when on -site storage is not adequate.
25
a. Provide addresses of and access to off -site storage locations for inspection by
26
City's Project Representative.
27 6. Do not use lawns, grass plots or other private property for storage purposes without
28 written permission of owner or other person in possession or control of premises.
29 7. Store in manufacturers' unopened containers.
30 8. Neatly, safely and compactly stack materials delivered and stored along line of
31 Work to avoid inconvenience and damage to property owners and general public
32 and maintain at least 3 feet from fire hydrant.
33 9. Keep public and private driveways and street crossings open.
34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to
35 satisfaction of City's Project Representative.
36 a. Total length which materials may be distributed along route of construction at
37 one time is 1,000 linear feet, unless otherwise approved in writing by City's
38 Project Representative.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
016600-3
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5
3.1
INSTALLERS [NOT USED]
6
3.2
EXAMINATION [NOT USED]
7
3.3
PREPARATION [NOT USED]
8
3.4
ERECTION [NOT USED]
9
3.5
REPAIR / RESTORATION [NOT USED]
10
3.6
RE -INSTALLATION [NOT USED]
11
3.7
FIELD [OR] SITE QUALITY CONTROL
12 A. Tests and Inspections
13 1. Inspect all products or equipment delivered to the site prior to unloading.
14 B. Non -Conforming Work
15 1. Reject all products or equipment that are damaged, used or in any other way
16 unsatisfactory for use on the project.
17 3.8 SYSTEM STARTUP [NOT USED]
18 3.9 ADJUSTING [NOT USED]
19 3.10 CLEANING [NOT USED]
20 3.11 CLOSEOUT ACTIVITIES [NOT USED]
21 3.12 PROTECTION
22 A. Protect all products or equipment in accordance with manufacturer's written directions.
23 B. Store products or equipment in location to avoid physical damage to items while in
24 storage.
25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by
26 the manufacturer.
27 3.13 MAINTENANCE [NOT USED]
28 3.14 ATTACHMENTS [NOT USED]
29 END OF SECTION
30
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 66 00 - 4
DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 4 of 4
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP application
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
SECTION 0174 23
CLEANING
017423-1
DAP CLEANING
Page 1 of 4
6 1. Intermediate 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:
11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
12 2. Division 1 — 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
16 1. Work associated with this Item is considered subsidiary to the various Items bid.
17 No separate payment will be allowed for this Item.
18 1.3 REFERENCES [NOT USED]
19 1.4 ADMINISTRATIVE REQUIREMENTS
20 A. Scheduling
21 1. Schedule cleaning operations so that dust and other contaminants disturbed by
22 cleaning process will not fall 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
27 1.7 CLOSEOUT SUBMITTALS [NOT USED]
28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29 1.9 QUALITY ASSURANCE [NOT USED]
30 1.10 STORAGE, AND HANDLING
31 A. Storage and Handling Requirements
32 1. Store cleaning products and cleaning wastes in containers specifically designed for
33 those materials.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 74 23 - 2
DAP CLEANING
Page 2 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS
4 2.1 OWNER -FURNISHED [oR] 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 USED]
18
3.5
REPAIR / RESTORATION [NOT USED]
19
3.6
RE -INSTALLATION [NOT USED]
20
3.7
FIELD loR] SITE QUALITY CONTROL [NOT USED]
21
3.8
SYSTEM STARTUP [NOT USED]
22
3.9
ADJUSTING [NOT USED]
23
3.10
CLEANING
24 A. General
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, oil or paint thinner in
29 storm or sanitary drains or sewers.
30 4. Dispose of degradable debris at an approved solid waste disposal site.
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 WORTH Rainbow Ridge —Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 74 23 - 3
DAP CLEANING
Page 3 of 4
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 with
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
11
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 container(s):
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, which
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 facilities, 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 USED]
35 3.14 ATTACHMENTS [NOT USED]
36
37
38
39
40
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 74 23 - 4
DAP CLEANING
Page 4 of 4
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
4/7/2014
M.Domenech
Revised for DAP application
CITY OF FORT WORTH Rainbow Ridge — Phase ]-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 017719
CLOSEOUT REQUIREMENTS
017719-1
DAP CLOSEOUT REQUIREMENTS
Page 1 of 3
5 A. Section Includes:
6 1. The procedure for closing out a contract
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.
15 No separate payment will be allowed for this Item.
16 1.3 REFERENCES [NOT USED]
17 1.4 ADMINISTRATIVE REQUIREMENTS
18 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 filed 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 Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
017719-2
DAP CLOSEOUT REQUIREMENTS
Page 2of3
1 1.6 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]
6 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 0178 39
11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 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. After final cleaning, provide notice to the City Project Representative that the Work
16 is completed.
17 a. The City will make an initial Final Inspection with the Contractor present.
18 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 completion 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 Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3
4
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017719-3
DAP CLOSEOUT REQUIREMENTS
Page 3 of 3
1. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
E. Supporting Documentation
1. Coordinate with the City Project Representative to complete the following
additional forms:
a. Final Payment Request
b. Statement of Contract Time
c. Affidavit of Payment and Release of Liens
d. Consent of Surety to Final Payment
e. Pipe Report (if required)
f. Contractor's Evaluation of City
g. Performance Evaluation of Contractor
F. Letter of Final Acceptance
1. Upon review and acceptance of Notice of Project Completion and Supporting
Documentation, in accordance with General Conditions, City will issue Letter of
Final Acceptance and release the Final Payment Request for payment.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE
NAME
SUMMARY OF CHANGE
4/7/2014
M.Domenech
Revised for DAP application
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
017823-1
DAP OPERATION AND MAINTENANCE DATA
Page 1 of 5
I SECTION 0178 23
2 OPERATION AND MAINTENANCE DATA
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. 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)
11 c. Butterfly Valves
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 — General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18 A. Measurement and Payment
19 1. Work associated with this Item is considered subsidiary to the various Items bid.
20 No separate payment will be allowed for this Item.
21 1.3 REFERENCES [NOT USED]
22 1.4 ADMINISTRATIVE REQUIREMENTS
23 A. 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 0133 00. All submittals shall be
28 approved by the City prior to delivery.
29 1.6 INFORMATIONAL SUBMITTALS
30 A. Submittal Form
31 1. Prepare data in form of an instructional manual for use by City personnel.
32 2. Format
33 a. Size: 8 %2 inches x 11 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 Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
E003090.001
1
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01 78 23 - 2
DAP OPERATION AND MAINTENANCE DATA
Page 2 of 5
d. Drawings
1) Provide reinforced punched binder tab, bind in with text
2) Reduce larger drawings and fold to size of text pages.
e. Provide fly -leaf for each separate product, or each piece of operating
equipment.
1) Provide typed description of product, and major component parts of
equipment.
2) Provide indexed tabs.
f. Cover
1) Identify each volume with typed or printed title "OPERATING AND
MAINTENANCE INSTRUCTIONS".
2) List:
a) Title of Project
b) Identity of separate structure as applicable
c) Identity of general subject matter covered in the manual
3. Binders
a. Commercial quality 3-ring binders with durable and cleanable plastic covers
b. When multiple binders are used, correlate the data into related consistent
groupings.
4. If available, provide an electronic form of the O&M Manual.
B. Manual Content
1. Neatly typewritten table of contents for each volume, arranged in systematic order
a. Contractor, name of responsible principal, address and telephone number
b. A list of each product required to be included, indexed to content of the volume
c. List, with each product:
1) The name, address and telephone number of the subcontractor or installer
2) A list of each product required to be included, indexed to content of the
volume
3) Identify area of responsibility of each
4) Local source of supply for parts and replacement
d. Identify each product by product name and other identifying symbols as set
forth in Contract Documents.
2. Product Data
a. Include only those sheets which are pertinent to the specific product.
b. Annotate each sheet to:
1) Clearly identify specific product or part installed
2) Clearly identify data applicable to installation
3) Delete references to inapplicable information
3. Drawings
a. Supplement product data with drawings as necessary to clearly illustrate:
1) Relations of component parts of equipment and systems
2) Control and flow diagrams
b. Coordinate drawings with information in Project Record Documents to assure
correct illustration of completed installation.
c. Do not use Project Record Drawings as maintenance drawings.
4. Written text, as required to supplement product data for the particular installation:
a. Organize in consistent format under separate headings for different procedures.
b. Provide logical sequence of instructions of each procedure.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
1
2
3
4
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5. Copy of each warranty, bond and service contract issued
a. Provide information sheet for City personnel giving:
1) Proper procedures in event of failure
2) Instances which might affect validity of warranties or bonds
C. Manual for Materials and Finishes
1. Submit 5 copies of complete manual in final form.
2. Content, for architectural products, applied materials and finishes:
a. Manufacturer's data, giving full information on products
1) Catalog number, size, composition
2) Color and texture designations
3) Information required for reordering special manufactured products
b. Instructions for care and maintenance
1) Manufacturer's recommendation for types of cleaning agents and methods
2) Cautions against cleaning agents and methods which are detrimental to
product
3) Recommended schedule for cleaning and maintenance
3. Content, for moisture protection and weather exposure products:
a. Manufacturer's data, giving full information on products
1) Applicable standards
2) Chemical composition
3) Details of installation
b. Instructions for inspection, maintenance and repair
D. Manual for Equipment and Systems
1. Submit 5 copies of complete manual in final form.
2. Content, for each unit of equipment and system, as appropriate:
a. Description of unit and component parts
1) Function, normal operating characteristics and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Operating procedures
1) Start-up, break-in, routine and normal operating instructions
2) Regulation, control, stopping, shut -down and emergency instructions
3) Summer and winter operating instructions
4) Special operating instructions
c. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Alignment, adjusting and checking
d. Servicing and lubrication schedule
1) List of lubricants required
e. Manufacturer's printed operating and maintenance instructions
f. Description of sequence of operation by control manufacturer
1) Predicted life of parts subject to wear
2) Items recommended to be stocked as spare parts
g. As installed control diagrams by controls manufacturer
h. Each contractor's coordination drawings
1) As installed color coded piping diagrams
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No 100931
B003090.001
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i. Charts of valve tag numbers, with location and function of each valve
j. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
k. Other data as required under pertinent Sections of Specifications
3. Content, for each electric and electronic system, as appropriate:
a. Description of system and component parts
1) Function, normal operating characteristics, and limiting conditions
2) Performance curves, engineering data and tests
3) Complete nomenclature and commercial number of replaceable parts
b. Circuit directories of panelboards
1) Electrical service
2) Controls
3) Communications
c. As installed color coded wiring diagrams
d. Operating procedures
1) Routine and normal operating instructions
2) Sequences required
3) Special operating instructions
e. Maintenance procedures
1) Routine operations
2) Guide to "trouble shooting"
3) Disassembly, repair and reassembly
4) Adjustment and checking
f. Manufacturer's printed operating and maintenance instructions
g. List of original manufacturer's spare parts, manufacturer's current prices, and
recommended quantities to be maintained in storage
h. Other data as required under pertinent Sections of Specifications
4. Prepare and include additional data when the need for such data becomes apparent
during instruction of City's personnel.
30 1.7 CLOSEOUT SUBMITTALS [NOT USED]
31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
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. Skilled as draftsman competent to prepare required drawings
CITY OF FORT WORTH Rainbow Ridge — Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 78 23 - 5
DAP OPERATION AND MAINTENANCE DATA
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1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
2 1.11 FIELD [SITE] CONDITIONS [NOT USED]
3 1.12 WARRANTY [NOT USED]
4 PART 2 - PRODUCTS [NOT USED]
5 PART 3 - EXECUTION [NOT USED]
6 END OF SECTION
7
Revision Log
DATE
NAME
SUMMARY OF CHANGE
8/31/2012
D. Johnson
1.5.A.1 — title of section removed
4/7/2014
M.Domenech
Revised for DAP Application
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
01 78 39 - 1
DAP PROJECT RECORD DOCUMENTS
Page 1 of 5
1 SECTION 0178 39
2 PROJECT RECORD DOCUMENTS
3 PART1- 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 Service Reports
10 c. Sanitary Sewer Service Reports
11 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 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1— General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18
A. Measurement and Payment
19
1. Work associated with this Item is considered subsidiary to the various Items bid.
20
No separate payment will be allowed for this Item.
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1.3
REFERENCES [NOT USED]
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1.4
ADMINISTRATIVE REQUIREMENTS [NOT USED]
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1.5
SUBMITTALS
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A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
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City's Project Representative.
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1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
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1.7
CLOSEOUT SUBMITTALS [NOT USED]
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1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
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1.9
QUALITY ASSURANCE
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A. Accuracy of Records
31
1. Thoroughly coordinate changes within the Record Documents, making 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.
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
017839-2
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Page 2 of 5
1 2. Accuracy of records shall be such that future search for items shown in the Contract
2 Documents may rely reasonably on information obtained from the approved Project
3 Record Documents.
4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of
5 information that the change has occurred.
6 4. Provide factual information regarding all aspects of the Work, both concealed and
7 visible, to enable future modification of the Work to proceed without lengthy and
8 expensive site measurement, investigation and examination.
9 1.10 STORAGE AND HANDLING
10 A. Storage and Handling Requirements
11 1. Maintain the job set of Record Documents completely protected from deterioration
12 and from loss and damage until completion of the Work and transfer of all recorded
13 data to the final Project Record Documents.
14 2. In the event of loss of recorded data, use means necessary to again secure the data
15 to the City's approval.
16 a. In such case, provide replacements to the standards originally required by the
17 Contract Documents.
18 1.11 FIELD [SITE] CONDITIONS [NOT USED]
19 1.12 WARRANTY [NOT USED]
20 PART 2 - PRODUCTS
21 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED]
22 2.2 RECORD DOCUMENTS
23 A. Job set
24 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
25 charge to the Contractor, 1 complete set of all Documents comprising the Contract.
26 B. Final Record Documents
27 1. At a time nearing the completion of the Work and prior to Final Inspection, provide
28 the City 1 complete set of all Final Record Drawings in the Contract.
CITY OF FORT WORTH Rainbow Ridge —Phase I -A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
017839-3
DAP PROJECT RECORD DOCUMENTS
Page 3 of 5
2.3 ACCESSORIES [NOT USED]
2 2.4 SOURCE QUALITY CONTROL [NOT USED]
3 PART 3 - EXECUTION
4 3.1 INSTALLERS [NOT USED]
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3.3 PREPARATION [NOT USED]
3.4 MAINTENANCE DOCUMENTS
A. Maintenance of Job Set
1. Immediately upon receipt of the job set, identify each of the Documents with the
title, "RECORD DOCUMENTS - JOB SET".
2. Preservation
a. Considering the Contract completion time, the probable number of occasions
upon which the job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the job set.
b. Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Documents.
c. Maintain the job set at the site of work.
3. Coordination with Construction Survey
a. At a minimum clearly mark any deviations from Contract Documents
associated with installation of the infrastructure.
4. Making entries on Drawings
a. Record any deviations from Contract Documents.
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
c. Date all entries.
d. Call attention to the entry by a "cloud" drawn around the area or areas affected.
e. In the event of overlapping changes, use different colors for the overlapping
changes.
5. Conversion of schematic layouts
a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and similar items, are shown schematically and are not intended to
portray precise physical layout.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) However, design of future modifications of the facility may require
accurate information as to the final physical layout of items which are
shown only schematically on the Drawings.
b. Show on the job set of Record Drawings, by dimension accurate to within 1
inch, the centerline of each run of items.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
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2) Show, by symbol or note, the vertical location of the Item ("under slab", "in
ceiling plenum", "exposed", and the like).
3) Make all identification sufficiently descriptive that it may be related
reliably to the Specifications.
c. The City may waive the requirements for conversion of schematic layouts
where, in the City's judgment, conversion serves no useful purpose. However,
do not rely upon waivers being issued except as specifically issued in writing
by the City.
B. Final Project Record Documents
1. Transfer of data to Drawings
a. Carefully transfer change data shown on the job set of Record Drawings to the
corresponding final documents, coordinating the changes as required.
b. Clearly indicate at each affected detail and other Drawing a full description of
changes made during construction, and the actual location of items.
c. Call attention to each entry by drawing a "cloud" around the area or areas
affected.
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other Documents
a. If the Documents, other than Drawings, have been kept clean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
CITY OF FORT WORTH Rainbow Ridge — Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001
017839-5
DAP PROJECT RECORD DOCUMENTS
Page 5 of 5
Revision Log
DATE NAME SUMMARY OF CHANGE
4/7/2014 M.Domenech Revised for DAP Application
CITY OF FORT WORTH Rainbow Ridge —Phase 1-A
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project No. 100931
B003090.001